Overview and background

    What is being proposed at the Church of Christ site?

    The Properties Corporation of the Churches of Christ are proposing an amendment to the Manningham Planning Scheme and the concurrent approval of a planning permit application to facilitate the following future development of the site:

    • The partial demolition of the existing heritage listed church, the construction of a 17-storey mixed-use development comprising 177 dwellings, a place of assembly, child care centre, two food and drink premises, offices, a reduction in the standard car parking requirements and alter the access arrangements to a road in a Road Zone, Category 1. 

    Ten of the dwellings are proposed for affordable housing which will be secured by a registered Section 173 Agreement. 

    The Planning Scheme Amendment is known as Amendment C127mann.

    The Planning Permit Application is known as PLN20/0303.

    The development is generally known as the Chapel Hill development. 

    What land does the Planning Scheme Amendment & Planning Permit Application apply to?

    The land Amendment C127mann relates to is the land at 674-680 Doncaster Road and 2 Short Street, Doncaster. 

    The land Planning Permit Application PLN20/0303 relates to is the land at 674-680 Doncaster Road, 2 Short Street and, 14, 14A, 16 & 18 Hepburn Road, Doncaster. 

    What is a planning scheme amendment?

    A planning scheme amendment is a change to a municipal planning scheme, which in this case is the Manningham Planning Scheme. The amendment process that must be followed is set out in the Planning and Environment Act 1987. 

    The Properties Corporation of the Churches of Christ have requested a change to the planning controls that apply to the site so that the development proposed under Planning Permit Application PLN20/0303 can be approved.

    Can a planning permit application be lodged with a request to amend the planning scheme?

    Yes. Section 96A of the Planning and Environment Act 1987 (the Act) 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 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.

    Documents for both, including the decision plans and draft planning permit, are exhibited together. The public exhibition period is for a one month. This process provides an additional two weeks to the standard advertising period for planning permit applications for the community to make submissions on the amendment and permit application.

    Who makes the decision on the planning permit application?

    The Minister for Planning makes the decision to approve or not to approve a planning permit application.

    Are there other active Planning Permits approved on the Site?

    Yes. Planning Permit PLN18/0571 was approved on 3 July 2019 and is active. The land affected by Planning Permit PLN18/0571 is the same land that proposed Planning Permit Application PLN20/0303 relates to; i.e. land at 674-680 Doncaster Road, 2 Short Street and 14, 14A, 16 & 18 Hepburn Road, Doncaster.

    Planning Permit PLN18/0571 approved the following development on the site:

    • The partial demolition of the existing listed church building, the use and development of the land for a 13-storey mixed-use building comprising dwellings, a place of assembly, child care centre, food and drink premises and offices, a reduction in standard car parking requirement and the creation and alteration of access to a road in a Road Zone, Category 1. Six of the dwellings are approved for affordable housing.

    Plans for this development have not been endorsed and the development has not commenced. The permit will expire if the development has not commenced within 4 years from the issue date of the permit; i.e. the permit will expire if the development is not commenced by 3 July 2023.

Appearance and uses within the development

    What will the new building look like?

    If the Amendment and the Planning Permit Application are both approved, the new building will have the following presentations, noting that these are only artist’s impressions:

    Figure 1: Development viewed from the north-west corner. Doncaster Road and Short Street intersection.

    Figure 2: Development viewed from the south-west corner. Hepburn Road and Short Street intersection.

    Will the new development be taller than the development approved under Planning Permit PLN18/0571?

    Yes. Planning Scheme Amendment C127mann proposes to amend the planning provisions that apply to the land at 674-680 Doncaster Road and 2 Short Street, Doncaster, to allow a permissible taller building to be constructed there. If approved, the maximum allowable height of the building will increase from 29.0 metres to 40.0 metres and the design element feature that may be included in a design above the height of the building will increase from 5.8 metres to 8.0 metres.

    The increased allowable building height would be achieved by realigning the boundary of sub-precinct 2C to include the land at 674-680 Doncaster Road and 2 Short Street within this sub-precinct. Figure 3 identifies the existing sub-precinct boundaries in place and Figure 4, the altered location of the sub-precinct boundary 2C that is proposed under the amendment. 

    Figure 3: Existing sub-Precinct boundaries

    Figure 4: Proposed sub-Precinct 2C boundary, to include the land at 674-680 Doncaster Road and 2 Short Street, Doncaster.


    What uses are proposed in the proposed development?

    The uses proposed under Planning Permit Application PLN20/0303 are:

    • 177 dwellings in the form of 2-3 storey town houses and single level apartments. 
      • Ten of the dwellings are proposed for affordable housing. 
    • Childcare centre
      • Capacity 120 children.
    • Hall
      • Capacity 400 patrons.
    • Auditorium
      • Capacity 650 patrons.
    • Chapel
      • Capacity 150 patrons.
    • Offices
      • Area 1123sqm.
    • Food & drink premises
      • Area 317sqm. 

     A comparison of the uses proposed under Planning Permit Application PLN20/0303 and those that have been approved under Planning Permit Application PLN18/0571 are summarised in the following table.

    Uses

    PLN20/0303 (proposed)

    PLN18/0571 (approved)

    Dwellings

    177 number

    136 number

    Childcare Centre

    120 capacity

    120 capacity

    Hall

    400 capacity

    400 capacity

    Auditorium

    650 capacity

    650 capacity

    Chapel

    150 capacity

    150 capacity

    Offices

    1123sqm

    1749sqm 

    Food and Drink premises

    317sqm

    291sqm

    What parts of the existing heritage church are proposed to be demolished?

    The land on which the church is built is heritage listed in the Manningham Planning Scheme as HO46. Following construction of the church in 1889 a series of extensions enlarging the building were completed in 1956, the 1960s, the 1970s and the 1990s.

    Planning Permit Application PLN20/0303 is seeking approval to demolish all of the non-original extensions of the church building which are considered to have minimal significance to the original building, but will retain the original building which is considered to have significant heritage attributes.  

    The original building is proposed to be retained with two modifications. The first modification is to reconstruct the portico that was removed from the front of the building. This is supported from photographic images. The second is to alter the rear of the church to provide integration with the proposed new building. 

    The non-original extensions of the church that are proposed to be demolished, and the two modifications proposed to the original church building are consistent with the building and works that were approved for the church building under Planning Permit PLN18/0571. 

    The existing church building is proposed to be integrated with the new building through the provision of a glazed link corridor to visually separate the new building from the old. Figure 5 illustrates the proposed integration of the two buildings. 


    How much overshadowing will be caused by the proposed development?

    The requirements to consider overshadowing impacts from development proposals are set out in Schedule 1 of the Doncaster Hill Activity Centre Zone (ACZ1). There are two separate times and dates that must be considered. One is for overshadowing from the development and one is for overshadowing from the design element that may be constructed on top of the development.     

    The first considers overshadowing from the development between the hours of 11am and 2pm on 22 September (the Equinox) and specifies that proposed developments should be designed to avoid casting shadows on adjacent properties outside the activity centre. 

    These overshadowing impacts from the proposed development are therefore within the overshadowing requirements of the ACZ1. 

    The second considers overshadowing from the design element that is proposed on top of the development, at 12pm on the 22 June (Winter Solstice) - when the sun is at its lowest angle in the sky. It specifies that the proposed design elements should not cast additional overshadowing upon adjacent and nearby properties and public spaces. 

    The overshadowing impacts from the proposed development is therefore consistent with the overshadowing requirements of the ACZ1. 

     

               

    Figure 6: Shadow Diagram – 12pm at the Equinox (22 September)

    The second considers overshadowing from the design element that is proposed on top of the development, at 12pm on the 22 June (Winter Solstice) - when the sun is at its lowest angle in the sky. It specifies that the proposed design elements should not cast additional overshadowing upon adjacent and nearby properties and public spaces.  

    The shadow diagram in Figure 7 shows the extent of overshadowing at 12pm on the Winter Solstice from the proposed design element. The diagram indicates that shadows from element do not impact a significant area of either of the two properties to the south of the site and Hepburn Road.  

    The diagram also indicates the extent of overshadowing from the recent apartment building development to the west of the site. The shadows generated by this development are more significant than those proposed by this proposal.   

    The diagram indicates that the design element does not result in significantly more overshadowing than the tower up to and including Level 14 (the Design Element consists of levels 15-17).

    The overshadowing impacts from the proposed development is therefore consistent with the overshadowing requirements of the ACZ1. 

    Figure 7: Shadow Diagrams – 12pm at Winter Solstice (22 June)

    Why is affordable housing being proposed?

    The Properties Corporation of the Churches of Christ has agreed to provide ten dwellings in the development for affordable housing in line with the definition of affordable housing in the Planning and Environment Act 1987 to provide a community benefit for the residents of Manningham. The affordable housing will be tenure blind, meaning that the apartments will be constructed with the same type and quality of finishes as any other apartments in the development.

    How will the Affordable Housing be guaranteed?

    The provision of affordable housing will be guaranteed in accordance with an agreement prepared under with Section 173 of the Planning and Environment Act 1987. The agreement will be between Council and The Properties Corporation of the Churches of Christ  and will bind the proponent to the provision of affordable housing.  

    The agreement is being exhibited with all other documents for the amendment and planning permit application. It will be required to be signed by Council and The Properties Corporation of the Churches of Christ  before the Amendment is referred to the Minister for Planning for approval.    

Access, traffic and car parking

    How will the development be accessed by vehicles?

    Car parking will be provided in two basements, a residential basement and a non-residential basement. Access to both basements are from Short Street. A separate entrance to a loading dock in Hepburn Road will allow for garbage collection. Internal access will be provided between the basements and the residential and non-residential uses in the development. 

    A new entrance is proposed in Doncaster Road that will be ordinarily obstructed with bollards. The entrance will provide restricted access to the church for weddings and funerals. 

    How will the development be accessed by pedestrians?

    Multiple access points will be provided for pedestrians. Access to all uses is provided from Doncaster Road, with separate lobbies accessing the residential tower from Doncaster Road and the commercial areas from Short Street. A further lobby is also provided in Hepburn Road. Several of the town houses will have direct access from Short Street and Hepburn Road.

    How many car parking and bicycle spaces are proposed?

    The planning scheme requires 516 car parking spaces to be provided for all the uses in the development. A total of 480 car parking spaces are being proposed resulting is an overall shortfall of 36 car parking spaces. 

    For the residential use, including the visitor car parking requirements, 287 car parking spaces are provided, representing a surplus of 31 spaces for this use. 

    For the non-residential uses, i.e. the places of assembly, food and drink premises, offices and child care centre, 193 spaces are provided, representing a maximum deficit of 67 spaces at certain times.

    The shortfall in the non-residential car parking is requested on the basis that not all of the uses will operate all at the same time, allowing the car parking spaces to be shared by the different uses. 

    A total of 116 bicycle spaces are also proposed. Twelve hoops will provide 24 public spaces within the plaza fronting Doncaster Road. Within the residential basement, 77 secured spaces will be provided, and within the non-residential basement, 15 further spaces will be provided. 

Making a submission and timing

    What are the dates of the public exhibition period?

    The Amendment is on exhibition between 10 June 2021 - 12 July 2021. During this period anyone who may be affected by the Amendment or by the granting of the permit may make a submission to Council about the Amendment, application or draft section 173 Agreement.

    Who has been notified of the Amendment?

    Land owners and occupiers of adjacent and nearby properties to the site have been notified in writing of the proposed amendment and planning permit application. The people who made a submission to the previous Planning Permit Application PLN18/0571 have also been notified.  

    In addition to these specific notifications, notifications of the proposed amendment and planning permit application will appear in the Government Gazette, The Age newspaper and on Council’s website: yoursay.manningham.vic.com.au/amendment-c127mann. Any person who would like to make a submission may make a submission on any aspect of the request.

    What documents are available for inspection?

    COVID-19 Update: Due to the latest restrictions copies of the amendment will not be available at Council Offices or at the Doncaster Library.

    All documents submitted with the request may be viewed. These include the Planning Scheme documents, development plans and draft planning permit, technical reports and the draft Section 173 Agreement. Hard copies are available at Council’s offices and at the Doncaster library. These are also accessible at the following websites:

    How do I make a submission?

    Any person may make a submission. Submissions must be in writing and include:

    • Your name and contact address details;
    • A clear statement of the reasons why you either support or object to the proposed amendment and/or planning permit application; and
    • Any changes to the amendment and/or planning permit application that you would like requested to be made.  

    Submissions must be sent to either the:

    • Manager Integrated Planning, Manningham City Council, PO Box 1, Doncaster, VIC, 3108, or online at;
    • yoursay.manningham.vic.gov.au/amendment-c127mann

    The names and contact details of those making a submission are required for Manningham Council to consider the submissions and to notify people of the key stages of the amendment process, including the Council meeting dates, and any public hearings held to consider the amendment, planning permit application and draft Section 173 Agreement.

    What happens if I make a submission?

    All submissions will be considered at a Council meeting.

    After they have been considered, Council may resolve to refer them to a Planning Panels appointed by the Minister for Planning, for independent consideration.  

    Persons who lodged a submission will be kept informed of the key stages of the amendment process either by Council or Planning Panels Victoria by letter or email. 

    What is an independent Planning Panel?

    The role of the planning panel is to consider the submissions received during the exhibition period of the amendment and planning permit application in a hearing. This may include evidence being provided by expert witnesses on specific matters of the amendment. Those people who have made a submission will be given the opportunity to make a presentation at the hearing. All submissions are considered by the planning panel irrespective of whether the person who has made the submission has requested to be heard at the Panel hearing.   

    Following the hearing, the Panel reports their findings and recommendations to Council which will then be formally considered at a Council meeting. For this amendment, Planning Permit Application PLN20/0303 and the draft Section 173 Agreement that has been drafted to secure affordable housing will also be considered by the Panel. 

    An independent planning panel is only a recommending authority, i.e. they have no power to make a decision on a proposed planning scheme amendment, or in this case, in addition to the amendment request, the proposed planning permit application or draft Section 173 Agreement. 

    However, justification would need to be provided to the Minister for Planning if Council chooses to not adopt any of the panel recommendations.

    When will the Planning Panel Hearings be held?

    The hearing dates has been tentatively set for: 

    • Directions Hearing:    Week commencing 13 September 2021; and
    • Panel Hearing:           Week commencing 11 October 2021.