FAQs

Amendment C109 (Part 1) to the Manningham Planning Scheme was introduced in 2019 (the SBO1). The independent panel considering submissions to Amendment C109 (Part 1) recommended that the SBO1 controls for properties in and around Hillcroft Drive be reviewed.

A review by Melbourne Water indicates that approximately 38 properties along Hillcroft Drive, Fernbrook Way, Newlyn Close and Church Road, Templestowe have either been erroneously included in the SBO1, or the SBO1 extent requires amendment. This has now been independently confirmed by consultants engaged by Melbourne Water.  

The review highlighted that some properties were incorrectly included due to an error in the demarcation process between the flood extents for the local drainage network and the regional drainage network.  

Amendment C137mann is required to rectify this error. 

The existing SBO1 was applied through the C109 Amendment (Part 1) process. This amendment process went through an independent panel hearing and was ultimately approved by the Minister for Planning. 

If your property has not been nominated for removal through this recent review process, then the SBO1 still stands and is considered appropriate and valid for application to your property.

The panel report for Amendment C109 (Part 1) specifically recommended the need to review the extent of the SBO1 control as it related to properties in and around Hillcroft Drive.

The panel report for Amendment C109 (Part 1) specifically recommended:

“Review the application of the proposed Special Building Overlay Schedule 1 to all properties in Hillcroft Drive, Templestowe, based on a more accurate ground survey.”

This recommendation resulted in a ground survey and review of the proposed SBO1 by Melbourne Water. Pursuant to section 29 of the Planning and Environment Act 1987, Council adopted Amendment C109 to the Manningham Planning Scheme on 28 August 2018, in accordance with the recommendations of the Panel and Melbourne Water.

Since that time, the residents in and around Hillcroft Drive continued to advocate for a further review of SBO1 due to the information relied on to support the introduction of SBO1, and concerns over the extent of this overlay.

In response, Melbourne Water undertook a secondary review of SBO1 in 2021/22 and identified an error in the demarcation between the regional and local flood extents. This error requires the removal or amendment of the existing SBO1 in respect of several Hillcroft Drive properties and is consistent with the advocacy position of Hillcroft Drive residents.

As a result of these findings, Melbourne Water has submitted a request to Council for proposed Amendment C137mann, to remove or adjust the erroneous flood shapes in and around Hillcroft Drive, as previously adopted as part of SBO1.

A Section 20(2) amendment is a regular amendment without the notification requirements specified under the Regulations. Removal of the requirement to notify helps to “fast track” the amendment process.

An exemption under 20(2) can only be granted by the Minister if the Minister considers that notification is not warranted, or that the interests of Victoria make such an exemption appropriate. 

The following types of amendments will be considered for Ministerial exemption from notice under Section 20(2) of the Act:

• a correction to a planning scheme
• a plain English translation of an existing provision where the effect of the provision is unchanged.

For an exemption under 20(2), the planning authority must indicate to the Minister why the notice requirements are not warranted. Council may seek exemption from the following notice requirements:

• Letter to affected owners and occupiers that it believes may be materially affected by the amendment.
• Notices in local paper and Government Gazette.

Once Council has resolved to prepare the amendment, Council requests the Minister for Planning to authorise the amendment, which will normally happen within 10 days. At this time Council may request the Minister to exempt it from the notification requirements.

The Section 20(2) exemption does not, however, exempt Council from notifying Prescribed Ministers and the Ministers are generally provided 14 days to respond.

Once this 14 days passes, Council may consider the amendment and adopt it with or without changes.

The amendment is then forwarded to the Minister for Planning for approval.

Compliance with redundant or erroneous planning scheme provisions is inefficient for both the proponent and Council. Fast tracking these amendments by removing requirements for notification will save cost and time for both the proponent and the council.

By removing notification processes, the amendment is not formally exhibited and submissions will not be received by Council. These submissions are usually forwarded to an independent panel for consideration, increasing the length of time for considering an amendment. If an amendment is forwarded to a panel, this can add up to 12 months to the process depending on the complexity of the amendment proposed.

The 20(2) amendment is a ‘fast track’ amendment anticipated to shorten the process and expedite approval. However the amendment is still dependent on the Minister approving the amendment which can take some time. It is anticipated that the Amendment process may require a minimum of six months to complete.

Until such a time that the Minister approves the amendment, the SBO1 still applies to the land and its requirements would need to be considered as part of any planning permit application. 

However, when applications affecting these properties are received by Council and Melbourne Water, the latest and most appropriate flood information is used to make a determination as to the planning controls to be applied. In this instance, the flood information generated from the latest review is considered the most appropriate.

Flood level information is included as part of a Property Information Statement, generated as part of the documentation required to sell or purchase a property. For the 38 properties affected by this amendment, the latest flood level information includes the corrections identified through this review.  

In the period before a state government election, there will be a “caretaker” period. 

The caretaker period is normally 30 to 60 days before the election. It begins from the issuing of the writs for the fixed term election date, which by law must occur 28 days before the election. The caretaker period ends when the electoral outcome is known. 

During this time, the government cannot make significant policy decisions.  

The 2022 Victorian state election is scheduled for 26 November. 

The potential impacts of the caretaker period on proposed Amendment C137mann are yet to be determined.

There will be some ability for the Department of Environment, Land, Water and Planning (DWELP) to make decisions on amendments during the caretaker period.  

If an amendment is contentious, introduces significant policy changes or is a matter of known interest to the Minister, there may not be an ability to progress a decision.  

However, for more routine amendments, DWELP may be able to progress ‘under delegation’ by senior officers within the state government.