Amendment C109 Improving Flood Management in Manningham

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Consultation has concluded

Update: The Minister for Planning has now approved Amendment C109 (part 1) to the Manningham Planning Scheme with changes.

On 28 August 2018, Council resolved to adopt the Amendment C109 with some changes as recommended by the Independent Panel. The Amendment was then submitted to the Minister for Planning for approval.

This resolution followed receipt of the report of the Independent Panel for Amendment C109 that was held on 5 and 6 February 2018. View the Independent Panel Report.

The Minister for Planning has now approved Amendment C109 (part 1) to the Manningham Planning Scheme with changes. The amendment makes changes to the Special Building Overlay and Land Subject to Inundation Overlay mapping to implement a review of flood mapping affecting Melbourne Water assets.

The changes made by the Minister are largely administrative and include:

  • Removal of redundant provisions in Schedule 1 to the Special Building Overlay.

Removal of the Schedule to Clause 72.03 from the amendment as no planning scheme maps are being deleted or inserted with the amendment.

In relation to Part G of Council’s resolution of 28 August 2018 where Council requested the Minister to review and consider removing the Special Building Overlay (SB01 - Melbourne Water controls) on 8-36 Hillcroft Drive and 4 Fernbrook Way, Templestowe, the Minister has reviewed the proposed overlay and determined to approve the application of the overlay in accordance with the revised flood modelling undertaken by Melbourne Water and the adopted amendment.

The approved Amendment C109pt1, is available for viewing in the document library. Copies are also available at:

Background

On 28 August 2018, Manningham Council resolved to:

A. Notes the content of the Panel Report for Amendment C109 to the Manningham Planning Scheme;

B. Pursuant to section 29 of the Planning and Environment Act 1987, adopts Amendment C109 to the Manningham Planning Scheme as exhibited subject to the following changes:

a. Amend the Special Building Overlay Schedule 1 and the Land Subject to Inundation Overlay as detailed in Appendix C and Appendix D to the Panel Report 0 Manningham Planning Scheme Amendment C109 dated 19 March 2018.

b. Delete the Special Building Overlay Schedule 1 and the Land Subject to Inundation Overlay from the (non-submitter) properties as detailed in Appendix E to the Panel Report – Manningham Planning Scheme Amendment C109 dated 19 March, 2018.

c. Amend the application of the proposed Special Building Overlay Schedule 1 to all properties in Hillcroft Drive, Templestowe, based on the Melbourne Water recommendations as shown in Attachment 3 to this report.

d. Changes to the Explanatory Report to reflect recent changes to the Manningham Planning Scheme as a result of Amendment VC148.

C. Submits the adopted Amendment C109 to the Minister for Planning for approval in accordance with section 31 of the Planning and Environment Act, 1987.

D. Does not support the rezoning of the properties at 13, 15, 19, 20 and 25 Carbine Street, Donvale as part of Amendment C109 and that Council writes tio the owners of those properties advising them of Council’s decision.

E. Notifies all those whose submissions were referred to the independent panel to Amendment C109 of Council’s decision.

F. Notifies all no-submitter property owners included in Appendix E to the Panel Report – Manningham Planning Schemme Amendment C109 dated 19 March, 2018.

G. Requests the Minister for Planning to review and consider removing the proposed application of the SBO1 on 8-36 Hillcroft Drive, Templestowe and 4 Fernbrook Way, Templestowe, on the basis that Melbourne Water’s recommended application of the SBO1 is inconsistent with Criteria 1 (properties adjacent to flooded roads) of the Inclusion/Exclusion Criteria specified in the Development of the Special Building Overlay Technical Report prepared for Council by Cardno and dated 21 September 2015, which was exhibited with Amendment C109.

View the minutes from 28 August 2018 Council meeting.

On 26 September 2017, Council resolved to abandon part of Amendment C109 to the Manningham Planning Scheme, known as SB02 and SB03, and to forward the submissions received on LSI0 and SB01 (Melbourne Water controls) to an Independent Panel, which will be appointed by the Minister for Planning.

Amendment C109 was originally proposed to affect approximately 10,000 properties across Manningham. Of this SB02 was proposed for approximately 3,860 properties and SB03 was proposed for approximately 4,930 properties.

The Independent Panel was appointed to consider submissions on LSIO and SBO1 in early 2018. All submitters proposed to be affected by the LSIO and SBO1 overlays were provided the opportunity to present to the Independent Panel.

View the Independent Panel Report.






Update: The Minister for Planning has now approved Amendment C109 (part 1) to the Manningham Planning Scheme with changes.

On 28 August 2018, Council resolved to adopt the Amendment C109 with some changes as recommended by the Independent Panel. The Amendment was then submitted to the Minister for Planning for approval.

This resolution followed receipt of the report of the Independent Panel for Amendment C109 that was held on 5 and 6 February 2018. View the Independent Panel Report.

The Minister for Planning has now approved Amendment C109 (part 1) to the Manningham Planning Scheme with changes. The amendment makes changes to the Special Building Overlay and Land Subject to Inundation Overlay mapping to implement a review of flood mapping affecting Melbourne Water assets.

The changes made by the Minister are largely administrative and include:

  • Removal of redundant provisions in Schedule 1 to the Special Building Overlay.

Removal of the Schedule to Clause 72.03 from the amendment as no planning scheme maps are being deleted or inserted with the amendment.

In relation to Part G of Council’s resolution of 28 August 2018 where Council requested the Minister to review and consider removing the Special Building Overlay (SB01 - Melbourne Water controls) on 8-36 Hillcroft Drive and 4 Fernbrook Way, Templestowe, the Minister has reviewed the proposed overlay and determined to approve the application of the overlay in accordance with the revised flood modelling undertaken by Melbourne Water and the adopted amendment.

The approved Amendment C109pt1, is available for viewing in the document library. Copies are also available at:

Background

On 28 August 2018, Manningham Council resolved to:

A. Notes the content of the Panel Report for Amendment C109 to the Manningham Planning Scheme;

B. Pursuant to section 29 of the Planning and Environment Act 1987, adopts Amendment C109 to the Manningham Planning Scheme as exhibited subject to the following changes:

a. Amend the Special Building Overlay Schedule 1 and the Land Subject to Inundation Overlay as detailed in Appendix C and Appendix D to the Panel Report 0 Manningham Planning Scheme Amendment C109 dated 19 March 2018.

b. Delete the Special Building Overlay Schedule 1 and the Land Subject to Inundation Overlay from the (non-submitter) properties as detailed in Appendix E to the Panel Report – Manningham Planning Scheme Amendment C109 dated 19 March, 2018.

c. Amend the application of the proposed Special Building Overlay Schedule 1 to all properties in Hillcroft Drive, Templestowe, based on the Melbourne Water recommendations as shown in Attachment 3 to this report.

d. Changes to the Explanatory Report to reflect recent changes to the Manningham Planning Scheme as a result of Amendment VC148.

C. Submits the adopted Amendment C109 to the Minister for Planning for approval in accordance with section 31 of the Planning and Environment Act, 1987.

D. Does not support the rezoning of the properties at 13, 15, 19, 20 and 25 Carbine Street, Donvale as part of Amendment C109 and that Council writes tio the owners of those properties advising them of Council’s decision.

E. Notifies all those whose submissions were referred to the independent panel to Amendment C109 of Council’s decision.

F. Notifies all no-submitter property owners included in Appendix E to the Panel Report – Manningham Planning Schemme Amendment C109 dated 19 March, 2018.

G. Requests the Minister for Planning to review and consider removing the proposed application of the SBO1 on 8-36 Hillcroft Drive, Templestowe and 4 Fernbrook Way, Templestowe, on the basis that Melbourne Water’s recommended application of the SBO1 is inconsistent with Criteria 1 (properties adjacent to flooded roads) of the Inclusion/Exclusion Criteria specified in the Development of the Special Building Overlay Technical Report prepared for Council by Cardno and dated 21 September 2015, which was exhibited with Amendment C109.

View the minutes from 28 August 2018 Council meeting.

On 26 September 2017, Council resolved to abandon part of Amendment C109 to the Manningham Planning Scheme, known as SB02 and SB03, and to forward the submissions received on LSI0 and SB01 (Melbourne Water controls) to an Independent Panel, which will be appointed by the Minister for Planning.

Amendment C109 was originally proposed to affect approximately 10,000 properties across Manningham. Of this SB02 was proposed for approximately 3,860 properties and SB03 was proposed for approximately 4,930 properties.

The Independent Panel was appointed to consider submissions on LSIO and SBO1 in early 2018. All submitters proposed to be affected by the LSIO and SBO1 overlays were provided the opportunity to present to the Independent Panel.

View the Independent Panel Report.






Consultation has concluded

  • Important Information

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    • In July 2005, the Victorian Auditor General recommended that Councils provide a higher level of flood protection, carry out reliable flood mapping and include the results in their planning schemes.
    • The amendment does not prevent new development from occurring, but rather ensures that new buildings are sited and designed appropriately.
    • A planning permit may not be needed in many instances, even if a flooding overlay is proposed to apply, as permit exemptions will be available for 95 per cent of the affected properties.
    • Existing houses or buildings will not be required to obtain planning permit approval retrospectively, only new development will require a planning permit where planning permit exemptions are not met.
    • The proposed flooding overlays only affect small parts or sections of properties in most instances, planning permits will only be required for new development within the overlay.
    • This amendment will allow:
    • Council to ensure that new buildings are developed above known flood levels as part of the planning permit process
    • Targeted community education regarding flood impacts
    • Council to prioritise future drainage infrastructure improvement works in Manningham.