What is a planning scheme amendment?
A planning scheme sets out the direction, policies and requirements for the use, development and protection of land. Planning schemes are regularly amended through the statutory planning scheme amendment process. A planning scheme amendment may involve a change to a planning scheme map (for example, rezoning of land or the application of an overlay), a change to the legal or written part of the scheme, or both.
What is a 96a Amendment?
Section 96A refers to the section of the Planning and Environment Act 1987 (the Act) that allows a planning permit application to be lodged and considered concurrently with a request to amend the planning scheme. When a planning permit application is lodged under Section 96A, the planning permit application is exhibited with the proposed planning scheme amendment. The notification and appeal right provisions for the planning permit application are dealt with differently under the Act to a normal planning permit application. The Minister for Planning makes the final decision about the planning scheme amendment and planning permit.
Why is the land being rezoned from residential to commercial?
The site has been identified since 2009 as a potential local activity centre (LAC) to provide basic convenience needs (shops and services) for the growing residential population within the southern part of Gisborne. Currently the Macedon Ranges Planning Scheme prohibits these uses from occurring on the site.
What is a local activity centre?
A local activity centre seeks to provide basic, everyday goods and services. They support a small local community and minimise the need to travel long distances for basic shopping needs. The centre will not provide a large supermarket or other specialty shops that you might find in Gisborne Town Centre.
What sort of businesses can we expect at the centre and will that be a Coles/Woolworths or Aldi?
The planning permit application seeks to provide a small mini mart (such as an IGA xpress or Foodworks) for basic shopping needs, café’s and a medical centre. The local activity centre is not providing another large supermarket such as those found within Gisborne Town Centre.
What about traffic in the surrounding streets?
A traffic engineer has reviewed the proposal to ensure there will be no major impacts on the traffic in the surrounding streets.
What about noise impacts on the surrounding properties?
The proposal includes an acoustic fence around the perimeter of the site and the proposed development has been reviewed by an acoustic engineer.
What is a covenant?
A restrictive covenant is a private written agreement between landowners to restrict the use or development of land for the benefit of other landholders. These restrictions are customised to the needs of the area and can include things like:
- Limiting development to only one house on a lot
- Control the type of building materials used for new buildings and fences
- Prohibit the use of the land for quarrying operation.
When a covenant is recorded on a property's certificate of title, it is known as a registered restrictive covenant. Council is not responsible for enforcing restrictive covenants. This is done by those owners of land who benefit from the covenant, usually though the Supreme Court. There are three ways you can apply to remove or vary a restrictive covenant:
- apply for a planning permit to remove or vary the restrictive covenant
- apply to the Supreme Court of Victoria, or
- request to amend the planning scheme.
What is the proposed covenant variation?
The site contains a covenant that relates to residential development and doesn’t match the aspirations to provide a local activity centre at the site. The amendment seeks to vary the covenant to allow a solid acoustic fence around the perimeter of the site and allow a building greater than 9 metres or two storeys, noting the development proposed is two storeys and a maximum of 9.52 metres (only marginally higher than the covenant restriction).
Does the proposal incorporate Environmentally Sustainable Design (ESD) principles?
Yes, the proposal incorporates rainwater tanks, solar panels, recycled materials, provision for a future electronic vehicle charging station and other ESD initiatives.
When is development going to start and finish?
If approved, the development is anticipated to start in late 2024/early 2025 and be complete by 2027.
What about noise, dust, waste associated with construction?
If approved, the development will have strict controls to manage the construction process.