Amendment C231 - Various parcels in Little River, Mount Cottrell, Manor Lakes, Point Cook, Tarneit, Truganina, Werribee, and Wyndham Vale

Exhibition

The Amendment was publicly exhibited between 28 January and 1 March 2021. Notification was published in the Victorian Government Gazette, Star Weekly, and sent to all directly affected landowners and occupiers, as well as the relevant authorities in accordance with Section 19 of the Act.

During the exhibition of the Amendment, Council received a handful of enquiries, and five submissions.

Current Status:

Following a public exhibition of the Amendment C231wynd, Council considered all relevant submissions.

In the Ordinary Council meeting on 22 March 2022, Council resolved to adopt the Amendment as exhibited, except for the following changes, and to submit the adopted Amendment to the Minister for Planning for approval:

  1. remove the proposed Incorporated Plan Overlay Schedule 3 (IPO3) from 2 Dukelows Road, Mount Cottrell and all land within the future Oakbank PSP area;
  2. remove the proposed rezoning of 330 Point Cook Road to Public Use Zone 1

Background

In 2018, Council undertook a review of the Wyndham Planning Scheme pursuant to the requirement set out in Section 12B of the Planning and Environment Act 1987 (“the Act”). On 5 February 2019, Council resolved to endorse the Wyndham Planning Scheme Review Final Report, August 2018 (“the Review”), to submit the Review to the Minister for Planning, and to seek authorisation from the Minister to implement the relevant recommendations in the Review through Amendment C231wynd to the Wyndham Planning Scheme.

Due to the concurrent Smart Planning initiative of the State Government that would result in changes to many of the same provisions that were recommended for updates in the Review, the Minister restricted the scope of the Amendment to mapping changes only in their authorisation to Council on 4 December 2020. The Department of Environment, Land, Water and Planning (DELWP) advised that, all changes to the ordinance, including the Local Planning Policy Framework (LPPF) and local provisions within the Planning Scheme, should be pursued after the translation of the Planning Policy Framework (PPF). The translation has recently been completed through the approval of Planning Scheme Amendment C258wynd.

Amendment C231wynd, in accordance with the Ministerial authorisation received, proposes a number of mapping changes to rectify anomalies, remove redundant controls, and align controls to ensure consistency with other provisions of the Wyndham Planning Scheme.

Specifically, the Amendment proposes the following mapping changes:

  1. ·    Ensure consistency with existing provisions of the Wyndham Planning Scheme:
  • Extend Environmental Significance Overlay Schedule 2 (ESO2) to align with the Conservation Areas as identified in the Biodiversity Conservation Strategy 2013 (“the BCS”) referenced in Clause 21.03-1.
  • Align Rural Conservation Zone (RCZ) mapping over the entirety of Conservation Areas 10 and 14 identified in the BCS, except where this conflicts with Public Use Zoning crossing conservation areas (and back zone the land to the underlying zones where appropriate, i.e. where the Conservation Zone no longer applies).
  • Amend the mapping of Incorporated Plan Overlay Schedule 3 (IPO3) for Ballan Road Precinct Structure Plan (PSP), Westbrook PSP and Riverdale PSP to include the Conservation Area 14 as identified in the Biodiversity Conservation Strategy (2013) within these PSP boundaries.
  • Amend the mapping of Incorporated Plan Overlay Schedule 4 (IPO4) for Truganina PSP and Riverdale PSP to include the entire Conservation Area 10 as identified in the BCS within these PSP boundaries.
  1. Rectify mapping anomalies:
  • Rezone land on 330 Point Cook Road, Point Cook from Farming Zone (FZ) to Public Use Zone (PUZ1 - Service & Utility) to recognise its public land use function.
  • Rezone a number of parcels in Truganina, Manor Lakes, Point Cook, Tarneit, and Werribee from General Residential Zone (GRZ) to Public Park and Recreation Zone (PPRZ) to reflect the public ownership and use of the land.
  • Rezone the Public Park and Recreation Zone (PPRZ) component of the five residential properties (24, 26 & 28 Wattamolla Ave and 4 & 5 Talia Court, Werribee) to General Residential Zone (GRZ) consistent with the balance of the properties.
  • Rezone part of Green Wedge Zone (GWZ) land on 470 Wests Road, Werribee to Special Use Zone Schedule 6 (SUZ6) consistent with the balance of the land.
  • Rezone part of the Council reserve on 92 Willowgreen Way, Point Cook from Public Conservation and Resource Zone (PCRZ) to Public Park and Recreation Zone (PPRZ), consistent with the balance of the reserve.
  • Rezone 62 Black Forest Road, Werribee from General Residential Zone Schedule 1 (GRZ1) to Urban Flood Zone (UFZ), to recognise its public ownership, flood risk, and land management practice consistent with the balance of the adjoining floodway / open space.
  • Rezone the PPRZ portion of the land on 36 Manorvale Parade in Werribee (Lot 1, TP826209) to GRZ1, consistent with the balance of this privately-owned residential land.
  • Realign the Heritage Overlay (HO) to cover the entire property of 51-59 Russell Street (HO89).
  • Realign the HO to cover the whole - Grant Bridge on You Yangs Road, Little River (HO122).
  • Extend the HO to cover the concrete building on Little River Reserve, 15-31 You Yangs Road, Little River (HO124).
  1. Remove redundant controls:
  • Remove application of Development Plan Overlay Schedule 2 (DPO2) from 2, 8, 10, 12 Mala Street and 54A, 54B, 54C and 54D Toritta Way, Truganina.

Inspecting the amendment

You may inspect the amendment, any documents that support the amendment and the explanatory report about the amendment, free of charge, at:

Amendment C236 – Manor Estate And Carter Avenue Precinct Werribee - Heritage Overlay

The Minister for Planning has approved Amendment C236 to the Wyndham Planning Scheme.  The Amendment comes into operation on the date this notice is published in the Government Gazette.

About the Amendment

Amendment C236 to the Wyndham Planning Scheme will assist Council in achieving its strategic objectives in recognising and protecting heritage sites and encouraging appropriate development that respects places with identified heritage values.

The Amendment will result in a net community benefit by improving community perception regarding heritage planning controls and assist in the conservation of places by encouraging development that respects heritage significance.

The Amendment

  1. Makes changes to the ‘Manor (remnants)’ (HO102) listing in the Schedule to the Heritage Overlay, by including 8 additional properties and activate tree controls
  2. Create a new listing HO136 for the ‘Carter Avenue Precinct’, by including 22 sites of local heritage significance in the Schedule to the Heritage Overlay.

The Amendment applies the Heritage Overlay to sites within the Carter Avenue Precinct (HO136), including incorporating associated Heritage Design Guidelines, and amends the existing Heritage Overlay applying to The Manor (remnants) (HO102), associated mapping and updates Clause 72.04 to incorporate new Statements of Significance into the Wyndham Planning Scheme

The land affected by the amendment is:

  • 22-41 Carter Avenue, WERRIBEE VIC 3030
  • 16 and 18 Wattamolla Avenue WERRIBEE VIC 3030       
  • 23 and 25 Quarbing Street WERRIBEE VIC 3030
  • 178 Werribee Street North WERRIBEE VIC 3030
  • 1 Guyra Court WERRIBEE VIC 3030
  • CA 2004 Mambourin Parish Heaths Road WERRIBEE VIC 3030
  • CA 2063 Deutgam Parish Heaths Road WERRIBEE VIC 3030

The Amendment and documents can be inspected on the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection

View: C236 OCM Adoption - May 2021

C236 Map

Amendment C246 – Public Acquisition Overlay - 75 Westmeadow Lane, Truganina

Status

Council resolved to abandon the amendment following a resolution with the landowner to purchase the land. The Minister has now been notified of Council’s decision.

What was proposed in the amendment: The Amendment proposed to apply a Public Acquisition Overlay (PAO3) to the land located at 75 Westmeadows Lane, Truganina

Why was the Amendment proposed initially?

The Amendment was proposed to identify the land as required for an active open space reserve. This responds to a documented current and future shortfall of active open space in the north of the municipality, as identified in the Wyndham Open Space Strategy (WOSS), a strategy adopted by Council with a purpose “intended to address open space needs of the existing Wyndham community and plan for the future growth by anticipating the needs of the growing population”.

The WOSS identifies a current shortfall in district level active open space across the north of the municipality, in the suburbs of Tarneit, Hoppers Crossing and Truganina. The WOSS states that across the three suburbs, there is a collective deficit of 40.2 hectares of district level active open space.

Currently there are very limited opportunities to provide for additional active open space to meet the identified shortfall in the existing developed areas of Hoppers Crossing and Truganina.

The land affected by the amendment is non-developed land of a size that can facilitate development of active open space that would service the Truganina/Hoppers Crossing area.

The WOSS recommends as a key action the need to secure and develop new active open spaces in the established suburbs of Wyndham to cater to the sporting demands of the current and growing population. Recommended actions for the provision of active open space include:

“Identify sites to improve the coverage of district level active open spaces to serve the following OSPDs as priority: Point Cook, Tarneit and Hoppers Crossing.” (Action no. 10)

The proposal responds to the need identified in the WOSS Acquisition Plan (Appendix 4, Page 172) to secure district level active open space given the shortfalls of 21.98ha in Hoppers Crossing, 3.46ha in Tarneit and 14.78ha in Truganina, Williams Landing, Laverton North when compared to open space coverage standards identified in the WOSS. The land identified in this Amendment is located close to the boundary of the Hoppers Crossing, Tarneit and Truganina Open Space Planning Districts.

The exhibition process:

The proposed Amendment was formally put on public exhibition between 30 March 2020 and 14 May 2020. Council received one submission against the amendment.

Why was the amendment abandoned:

In parallel to the exhibition process, Council officers entered discussions and worked to negotiate with the landowner for the private purchase of the land.  In 2021, the landowner agreed to the private sale of the land to Council and a contract was finalized in December 2021. As a result, the Amendment which would facilitate a compulsory acquisition is no longer required and should be abandoned.

Where you may inspect this Amendment

The abandoned Amendment is available for public inspection, free of charge, at the front entrance of Wyndham City Council, 45 Princes Highway Werribee. The amendment is also available below (See links below).

Links:

  1. Explanatory Report
  2. Notice of the Amendment
  3. Instruction Sheet
  4. Proposed Planning Scheme Map 

Amendment C252 – New Gaming Policy

Notice of the preparation of an amendment

Amendment C252

The Wyndham City Council has prepared Amendment C252 to the Wyndham Planning Scheme.

The Amendment applies to all land covered by the Wyndham Planning Scheme.

Why is the amendment required?

The Amendment is required to replace the existing Local Planning Policy for Gaming and guide decision-making in relation to the installation and use of electronic gaming machines across all areas of the municipality and its growth areas.

The Amendment is supported by the reference document Wyndham Gambling Harm Minimisation Policy and Action Plan 2018-2022. This document replaces Council’s two previous position statements, the Electronic Gaming Machine Policy adopted in 2010 and Wyndham City’s Responsible Gambling Strategy 2012-2014 adopted in 2012.

Specifically, the Amendment:

  • Deletes Clause 22.03 and includes new gaming policy at Clause 52.28.
  • Amends Clause 21.08 by removing sub-clause 21.08-5 Gaming, and references to Clause 22.03, schedules to Clause 52.28 and the Responsible Gambling Strategy (2012-2014)
  • Amends the Liveability provisions of Clause 21.02-3 to include Gaming as a Key Issue, inserts new Objective and Strategies, and includes “The Wyndham Gambling Harm Minimisation Policy and Action Plan 2018-2022’ as a reference document.
  • Introduces new local Schedules to Clause 52.28 Gaming to guide the appropriate location and operation of electronic gaming machines, as well as new application requirements, decision guidelines and an updated list of shopping complexes where the installation or use of electronic gaming machines (EGMs) is prohibited.

Where you may inspect this Amendment

You may inspect the amendment, any documents that support the amendment and the explanatory report about the amendment, free of charge, at the following locations:

Status of Amendment

The amendment was publicly exhibited from 30 July 2020 to 17 September 2020.

The exhibition version of the amendment documents can be viewed on the Department of Environment Land Water and Planning’s website.

Council decision on the Amendment

Council considered Wyndham Planning Scheme Amendment C252 at the 28 September 2021 Ordinary Council Meeting and resolved to adopt Amendment C252 in accordance with the Planning and Environment Act 1987 .

An excerpt from the Council minutes is provided below.

That:

  1. Council adopt the Planning Scheme Amendment C252wynd as exhibited but with changes as recommended by the Panel Report received by Council on 28 July 2021.
  2. The Amendment be submitted to the Minister for Planning for approval and gazettal in accordance with the Planning and Environment Act 1987.

(CARRIED)

The agenda and minutes for the meeting are available on the Council website.

Planning Panels Victoria Hearing

The Planning Panels Victoria Hearing for Wyndham Planning Scheme Amendment C252wynd was conducted by video conference on Monday 21st and Tuesday 22nd June 2021.

The report may be accessed here: Panel’s report.

If you have any questions, please contact Planning Panels Victoria at planning.panels@delwp.vic.gov.au.

C252 Witness Reports

The witness reports for Amendment C252wynd may be accessed here:

C Peterson Evidence Report – Additional information

Amendment Documents

Background

On 8 October 2019 at Item 6.2.1 Review of Clause 22.03 (and other Gaming Provisions) of the Wyndham Planning Scheme Council resolved to

1. Note the recommendations outlined in the Gaming Machines Policy Review: Clause 22.03 Wyndham Planning Scheme - Final Report, July 2019.

2. Seek authorisation from the Minister for Planning to prepare an amendment to the Wyndham Planning Scheme to implement Recommendations Two to Nine of the Gaming Machines Policy Review: Clause 22.03 Wyndham Planning Scheme - Final Report, July 2019.

3. Prepare and give notice of the amendment in accordance with the requirements of the Planning and Environment Act 1987 and the Minister’s authorisation.

4. Authorise Council officers to make any subsequent changes to the amendment that are minor and do not impact its intent, if required.

More information visit Gambling Harm Minimisation Policy and Action Plan 2018-2022.

Amendment C253WYND/ WYP11874/19 - Combined amendment/permit application - 420 Wests Road, Werribee

The land affected by the combined amendment / planning permit is Lot 3 of TP319902, on 420 Wests Road, Werribee.

The Amendment proposes to insert a new Schedule 5 to the Clause 37.01 Special Use Zone and rezone the land from Schedule 6 to the Special Use Zone to Schedule 5 to the Special Use Zone. The application is for a permit to allow the use and development of the land for a concrete batching plant.

The applicant for the permit is Holcim (Australia) Pty Ltd.

Inspect the amendment:

You may inspect the Amendment, the Explanatory Report about the Amendment, the application, and any documents that support the Amendment and the application, including the proposed permit, free of charge, at:

Status:

The public exhibition of the amendment closed on 2 July 2021.  Council is reviewing the submissions received. With further work to be undertaken by the proponent, Council is anticipated to formally consider the amendment before the end of this year.

Community members who have questions about this amendment are welcome to contact Urban Futures at Council.

Exhibition documents

C253wynd 001znMap21 Exhibition

C253wynd Explanatory Report Exhibition

C253wynd Instruction Sheet Exhibition

C253wynd SUZ5 exhibition

C253wynd WYP11874_19 Draft Permit Exhibition

 

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