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Planning Scheme Rewrite - Amendment C150

Amendment C150 to the Knox Planning Scheme has been prepared. The Amendment proposes to restructure and update the local section of the Knox Planning Scheme, including: a new Municipal Strategic Statement (MSS); new and updated local policies; updates to some zone and overlay schedules; updates to some particular provisions; and some map changes.

The Amendment is a result of the recommendations of the Knox Planning Scheme Review 2015 (PDF), which was adopted by Council on 26 May 2015. The Planning and Environment Act 1987 requires Council to review its planning scheme approximately every 4 years.

Current Status

At Councils meeting held on 28 June 2016, Council resolved to seek authorisation from the Minister for Planning to prepare and exhibit Amendment C150 to the Knox Planning Scheme, and subject to receiving such authorisation to place Amendment C150 on exhibition.

Authorisation from the Minister for Planning to prepare and exhibit Amendment C150 was received on 13 July 2016. Amendment C150 was placed on public exhibition from 11 August 2016 until Monday 19 September 2016. The exhibition period for Amendment C150 has now closed.

A total of 16 submissions to Amendment C150 were received. The submissions were considered by Council at its meeting held on 22 November 2016.

Council resolved to refer all submissions to an independent panel appointed by the Minister for Planning.

Directions and Panel Hearing

Directions Hearing

The Directions Hearing was held on Monday 30 January 2017 at Knox City Council Civic Centre. The purpose of the Directions Hearing was to:

  • Consider any preliminary or procedural issues and give directions about the conduct of the Panel Hearing including the exchange of any expert witness reports;
  • Make arrangements for the Panel Hearing, including the Timetable and Panel Hearing venue; and
  • Answer any questions people may have about the Panel Hearing.

Panel Hearing

The purpose of the Panel Hearing was to give submitters an opportunity to speak in support of their written submission and to hear from the Planning Authority (Knox City Council).

The Panel Hearing was held over three days at Planning Panels Victoria, 1 Spring Street, Melbourne from Monday 27 February 2017 to Friday 3 March 2017.

Panel Report

The Planning Panel has now completed its Panel Report for Amendment C150, which is available by clicking here. The Panel Report will be considered by Council at its meeting on 22 May 2017.

A copy of the agenda for this meeting will be made available to the public in the week prior to this meeting.

Under section 27 of the Planning and Environment Act 1987, Council must consider the Panel Report before deciding whether or not to adopt the Amendment.

Council may adopt the amendment, with or without changes. If Council decides not to accept the panel’s recommendations, it must give its reasons for this when it submits the adopted amendment to the Minister for Planning for approval.

All submitters to Amendment C150 will be advised of Council’s decision following the meeting.

What is changing?

The key proposed changes are:

  • 1. A clearer and less repetitive MSS setting out Council’s vision for land use and development in Knox. The revised MSS will guide decision making on planning applications and sets out ways to address issues such as housing growth, liveability for local residents, and managing activity centres. A new Strategic Framework Plan for the municipality forms part of the vision outlined in proposed Clause 21.02
  • 2. Introduction of four new local policies on advertising signs, non-residential uses in residential areas, gaming machines, and environmentally sustainable development.
  • 3. Some updated zone and overlay schedules to improve clarity and reduce red tape.

A more detailed summary of the proposed changes is contained within the Explanatory Report (PDF) or from the amendment documentation which can be downloaded from the Department of Environment, Land, Water and Planning’s website.

Why is Council doing this?

Amendment C150 will help Council implement key recommendations from the Knox Planning Scheme Review 2015. It will also bring the Planning Scheme in line with State planning policy and Council’s current strategic direction and plans (including the Knox City Plan 2013-2017, Integrated City Strategy and Implementation Plan 2015-2017, and the Knox Integrated Transport Plan 2015-2025). The Amendment also addresses some policy gaps.

How does it affect me?

The MSS and local planning policies provide a vision and policy direction for land use and development in Knox, whilst the zones and overlays trigger the need for planning permits and provide more specific planning provisions.

Council will assess any planning permit application against the MSS and local policies, as well as the zones and overlays. Proposals that are inconsistent are likely to be refused by Council.

Where can I get more information?

How can I make a submission?

Submissions to Amendment C150 were required to be lodged with Council by 5pm, Monday 19 September 2016. The exhibition period for Amendment C150 has now closed.

Please note that in accordance with the Planning & Environment Act 1987, Council must make all submissions made to Amendment C150 available for public inspection at its office for any person to inspect free of charge until the end of the two months after the Amendment comes into operation or lapses.

What happens next?

All submissions were considered by Council at its meeting on 22 November 2016. You can read the Council Report, and appendices, including summaries of the submissions received via this link.

Council resolved to make some changes to the amendment in response to some of the submissions. As not all submissions were resolved by Council, an independent Planning Panel was appointed by the Minister for Planning to hear all submissions.

The Panel Hearing was held from 27 February to 3 March 2017, and the Panel Report has now been received. Council will consider the Panel Report, and decide whether or not to adopt Amendment C150, or adopt the Amendment with changes, at its meeting on 22 May 2017.

If adopted by Council, an Amendment only becomes part of the Knox Planning Scheme if and when it is approved by the Planning Minister.

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