The Minister for Planning has approved Amendment C293yara to the Yarra Planning Scheme.
The Amendment came into operation when notice of its Approval was published in the Victorian Government Gazette on 11 July 2024.
Approved Documents
To view the Approved Documents please visit Browse Amendments | Amendment C293yara.
Below are the Adopted draft amendment documents that have were submitted to the Minister for Planning for Approval.
The reference documents below have helped to inform the draft amendment documents of Amendment C293. They provide the strategic justification for the draft amendment.
Standing Advisory Committee Report
Council received the report for the Yarra Activity Centres Standing Advisory Committee (the Committee) on 19 May 2022.
Please note that the report from the Committee consists of two parts. Report 1 [ PDF, 496.74 KB] contains background and planning context matters common between amendments the Committee considered. Report 2 [ PDF, 2.02 MB] relates to Amendment C293yara.
Hearing
Due to COVID-19 and the associated physical distancing requirements, the Hearing for draft Amendment C293yara will be held by video conference.
The Hearing was held from 10.00am Monday 28 March 2022 to 4.30pm Friday 1 April 2022. The Committee Directions for the hearing can accessed here [ PDF, 400.98 KB] .
Directions Hearing
The Directions Hearing was held on 25 February 2022 by video conference.
Requesting Referral of draft C293 to the Standing Advisory Committee
After considering submissions to Draft Amendment C293yara, Council resolved at its meeting on the 21 December 2021, to request the Minister for Planning refer draft Amendment C293yara to the Committee. This means that all amendment documents and submissions were requested to be referred to the Committee for consideration.
Exhibition of draft C293 closed
The exhibition on draft Amendment C293 closed on the 27 October 2021. All submissions received were considered at a Council Meeting on the 21 December 2021. For details please see Requesting Referral of draft C293 to the Standing Advisory Committee above.
Background
Yarra City Council is proposing to introduce permanent built form and design requirements for the Collingwood South Precinct. This refers to the Mixed Use Zone land east of Smith Street, between Wellington and Little Oxford streets. These changes will help guide potential future development, ensure it responds sensitively to heritage buildings and minimise impact on sensitive residential interfaces such as backyards and public spaces like footpaths, parks and expanded street corners.
The permanent built form and design requirements would be introduced through an amendment to the Yarra Planning Scheme known as draft Amendment C293yara (Amendment C293) after it is considered by the independent Yarra Activity Centre Standing Advisory Committee and should the Minister for Planning approve it.
You can find more information regarding the Standing Advisory Committee process on Yarra’s Advisory Committee Process and Amendments webpage and Planning Panel’s Victoria website.
What stage is this amendment at and what are the next steps?
The Amendment is now at Stage 6 of the Advisory Committee Process – Standing Advisory Committee Report and Recommendations.
Exhibition on draft Amendment C293yara closed on 27 October 2021.
On 21 December 2021, Council resolved to request that the Minister for Planning refer draft Amendment C293yara to the Yarra Activity Centre Standing Advisory Committee.
The Standing Advisory Committee was held from Monday 28 March 2022 – Friday 1 April 2022.
Council received the Standing Advisory Committee Report on 19 May 2022.
Council submitted the draft Amendment to the Minister for Planning on 28 June 2022.
Land Affected by the Amendment
The below graphic describes how Amendment C293 was prepared. Based on the background work that informed the interim DDO23, a review was undertaken and supporting documents were updated where necessary. The review informed the proposed draft DDO23 of Amendment C293.
What controls are in place for the area?
At the moment, there are temporary requirements (interim DDO23) that apply to the precinct. These will expire on 30 June 2022. The permanent requirements that are proposed in Amendment C293 would replace interim DDO23.
What does the Amendment do?
The Amendment proposes to:
- Replace the current interim Design and Development Overlay (known as interim DDO23) with a new permanent DDO23 for the Yarra Planning Scheme to guide built form in the Collingwood South (Mixed-Use) Precinct.
- Delete the existing Design and Development Overlay that applies to Main Roads and Boulevards (DDO2) from the area that would be covered by the permanent DDO23.
- Amend Clause 21.11 Reference Documents to include the Brunswick Street and Smith Street Built Form Review: Collingwood Built Form Framework 2018, Collingwood Mixed Use Pocket Heritage Analysis and Recommendations 2018 and Supplementary Heritage Report: Collingwood South (Mixed Use) Precinct, 2021 as reference documents in the planning scheme.
How was the Amendment prepared?
The below graphic describes how Amendment C293 was prepared. Based on the background work that informed the interim DDO23, a review was undertaken and supporting documents were updated where necessary. The review informed the proposed draft DDO23 of Amendment C293.
What does the draft DDO23 try to achieve?
The proposed draft Design and Development Overlay – Schedule 23 (DDO23) aims to provide a balanced approach by guiding different levels of potential development across the Collingwood South Mixed-Use Zone Precinct. It aims to ensure that new buildings will be sensitive towards heritage buildings, minimising impact on sensitive residential interfaces (for example backyards) and public spaces such as footpaths, parks and expanded street corners.
Built form and design requirements relate to street wall height, front setbacks (distance from a building to the property boundary), upper level setbacks (distance from upper levels to the lower building parts, usually referred to as street wall), overall building height, setbacks to residential properties and transition of potential development towards adjoining heritage buildings and public spaces. In its current form, the proposed DDO23 would achieve a low to mid-rise building that responds to the character and topography of the Collingwood South Mixed-Use Zone Precinct.
The DDO provides built form and design requirements for three areas in Collingwood South:
Area 1 – Area around Peel Street and Oxford Street
Area 2 – Area around Derby Street and Cambridge Street
Area 3 – Area around Wellington Street and Langridge Street.
Areas 1 and 2 contain a mixed residential context and more consistent heritage streetscapes. Proposed street wall height requirements are generally low (2 storeys) and the proposed lower to moderate overall building height ranges from 3 to 6 storeys, depending on what is adjacent. New development in these areas would have to transition towards adjoining heritage buildings.
Sites in Area 3 are generally larger, the area lacks heritage buildings and there are minimal sensitive interfaces. This allows for a proposed modest street wall (4 storeys) and comparatively taller proposed overall building heights (ranging between 8-12 storeys). Buildings in this area were mostly approved and/or built before the current interim DD023 was in place.
The DDO also includes requirements regarding building separation, overshadowing of public spaces and residential properties, location of parking and loading areas, wind effects as well as façade design requirements.
The proposed DDO23 includes a mix of mandatory and preferred requirements to achieve the outcomes generally described above.
If you want to know more about what DDOs can and cannot guide in general and why not all requirement can be mandatory, please see the information sheet [ PDF, 1.18 MB] on DDOs.
Below are the formal draft amendment documents that have been exhibited until the 27 October 2021.
The supporting documents below have helped to inform the draft amendment documents of Amendment C293. They provide the strategic justification for the draft amendment.
The Council Meeting Report and relevant Council Meeting Minutes can also assist you in providing an overview of the draft amendment.
The information sheets were prepared to give a non-formal overview of how the draft amendment was prepared and to explain in a non-formal way what the proposed draft DDO23 would require of planning permit applications, should it be approved by the Minister for Planning.
What is a design and development overlay?
The Design and Development Overlay (DDO) is a planning tool that is applied to areas where specific requirements relating to the built form and design of new development are needed. They set requirements for the height, form and the general design of buildings.
Find out more about what a DDO is on this information sheet [ PDF, 1.18 MB] .
Why have we prepared this draft amendment?
The State Government requires local councils to address population and employment changes to meet their city’s needs. Activity centres have been identified as appropriate areas to accommodate growth as they have good access to employment, public transport and other amenities.
The Collingwood South Precinct has been identified to accommodate a mix of ‘high change’ and ‘incremental change’ where pockets of heritage buildings would accommodate lesser change. It is expected that the area will play a significant role in accommodating change in the long-term.
The draft amendment is required to ensure new development responds sensitively towards heritage buildings and public spaces and to provide greater certainty of potential built form outcomes.
An activity centre is usually based around a shopping strip. They are locations with good access to services, employment opportunities, public transport and other amenities. Yarra has a well-established network of activity centres that play a key role in accommodating most of the commercial and residential growth of Yarra.
A Design and Development Overlay (DDO) is a planning tool that is applied to areas such as activity centres that need specific requirements to guide the built form and design of new development.
The scale and density of developments approved and currently being proposed in Yarra’s activity centres has increased substantially in recent years. Hence, Council is using Design and Development Overlays to help guide these potential future developments within the activity centres.
Further information explaining what a DDO does can be found in our General DDO Information Sheet. [ PDF, 1.18 MB]
Most of Yarra's DDOs contain a mix of preferred and mandatory requirements.
The Victorian Planning system prefers the use of preferred requirements as they provide flexibility to respond to local context and unique urban conditions of a site or an area.
The Department of Environment, Land, Water and Planning has developed a series of planning practice notes to provide guidance on the appropriate use of mandatory and preferred requirements. For further information please check PPN59 and PPN60.
Mandatory requirements are applied only when they are seen as 'absolutely necessary' to achieve the preferred built form outcome or where 'exceptional circumstances' warrant their introduction. Introduction of any mandatory requirements must be based on robust and comprehensive strategic work.
A DDO can only focus on built form and design aspects and cannot act as a heritage control. Within the Victorian Planning System it is the role of the Heritage Overlay to protect local heritage.
However, the content of a DDO is often informed by rigorous analysis and testing of a combination of urban design, heritage and traffic matters.
Many of Yarra’s DDOs also contain objectives and requirements to ensure new development responds sensitively towards heritage buildings and streetscape. A DDO can include overall building heights or setbacks for upper level parts of a proposed building above a heritage building which help to ensure that new development is separate from the below and/or adjoining heritage building.
Further information explaining what a DDO does can be found in our General DDO Information Sheet [ PDF, 1.18 MB] .
Not at the moment. Yarra currently has a number of interim DDO’s that are already in the planning scheme. These apply to live planning permit applications and any future planning permit applications, until the permanent DDOs are introduced into the Yarra Planning Scheme.
The other tools in the Planning Scheme will continue to apply. For example, if your property is also covered by a Heritage Overlay, these requirements would remain in place and also need to be taken into account when preparing a planning permit application
No. The proposed DDOs generally do not apply to public housing estates.
For more information on projects that directly impact the public housing properties please check Homes Victoria.
The interim DDOs are temporary and have an expiry date. In Yarra, interim DDOs have been introduced to manage development in certain areas that are under high development pressure to provide higher levels of certainty. An interim DDO can follow a shorter amendment process and is usually used to fill a gap in the scheme relatively quickly.
Permanent DDOs are prepared and progressed through a longer planning scheme amendment process than an interim DDO, including public exhibition and public hearings by an independent panel or committee. A permanent DDO does not have an expiry date.
Based on a request by Yarra City Council, the Minister for Planning established the Yarra Activity Standing Advisory Committee to provide for a more efficient process amend Yarra’s planning scheme and introduce permanent DDOs. For more information regarding the draft amendment process under the Standing Advisory Committee please refer to the Yarra Activity Centres Standing Advisory Committee - Information Sheet [ PDF, 295.23 KB] .
To make any changes to a planning scheme a statutory process referred to as an “amendment” is required. This process is set out in the Planning and Environment Act 1987 (the Act).
An amendment to the planning scheme can be proposed by a Council, the Minister for Planning or a private individual.
Under the Terms of Reference for the Yarra Activity Centre Standing Advisory Committee the amendment is called a Draft Amendment as it will be considered by a Standing Advisory Committee (a different process under the Planning and Environment Act).
For more information regarding the draft amendment process, please refer to the Yarra Activity Centres Standing Advisory Committee - Information Sheet [ PDF, 295.23 KB] .
Advisory Committees are appointed by the Minister for Planning under the Planning and Environment Act 1987 to advise on any matter which the Minister refers to it. The Terms of Reference (ToR) for the Yarra Activity Centre Standing Advisory Committee (the Committee) was signed by the Minister for Planning (the Minister) on 10 June 2021. The main role of the Committee is to:
- Provide timely advice to the Minister and Yarra City Council on referred planning matters and associated draft Yarra Planning Scheme provisions for Yarra’s strip shopping centres (activity centres) and other areas of urban change.
- Provide an opportunity for submitters to be heard if requested by any submitter, including Yarra City Council.
Advisory Committees are guided by a document called a “Terms of Reference” which outlines the scope of the Advisory Committee and the process it should generally follow. The Yarra Activity Centres Standing Advisory Committee Terms of Reference can be viewed on Council's website.
Further information regarding the Standing Advisory Committee can be found in our Yarra Activity Centres Standing Advisory Committee - Information Sheet [ PDF, 295.23 KB] .
We exhibited draft Amendment C293yara (C293) for six weeks. The exhibition closed on 27 October 2021.
You view the documents in person, during office hours, at the office of the planning authority, City of Yarra at:
- Planning Counter, Richmond Town Hall, 333 Bridge Road, Richmond VIC 3121
- Collingwood Town Hall, 140 Hoddle Street, Abbotsford VIC 3067
- Fitzroy Library, 128 Moor Street, Fitzroy VIC 3065 (only for amendments associated to Fitzroy and Collingwood area)
You can also view the draft amendment documentation online in the Referred Documents section on this page.
At the Directions Hearing, the Committee will:
- give directions about exchanging information before the Hearing and the conduct of the Hearing
- consider Hearing times and venue and site inspections
- answer questions people have about the Committee process including the Hearing.
You should attend the Directions Hearing if you:
- are new to the Committee process or wish to participate in the Hearing
- have questions about the Committee process or wish to raise procedural issues.
The Committee will issue written directions and a Hearing timetable after considering all requests to be heard and any additional matters raised at the Directions Hearing or in writing before the Directions Hearing.
The next steps for this draft amendment are slightly different to the standard amendment process under the Planning and Environment Act.
The Yarra Activity Centres Standing Advisory Committee Terms of Reference [ PDF, 203.96 KB] sets out the next steps as:
(a) The Committee conduct a hearing and provide an opportunity for submitters to be heard if requested by any submitter, including Yarra City Council; and
(b) The following dates have been set:
(i) a Directions Hearing at 10.00am Friday 25 February 2022;
(ii) the Public Hearing is expected to start on 28 March and may run between 7-10 days.
Following the conclusion of the hearings, the Committee would forward its report and recommendations to both the Minister for Planning and Council.
Yarra City Council will then consider the report and provide its views to the Minister.
Yes. All submissions and other information presented throughout the process, including the Hearing, will be treated as public documents.
Please carefully read the Privacy Collection Notice [ PDF, 56.54 KB] .
Please note that Council will not publish personal information about an individual that can make them identifiable without the individual’s consent. Once we have received all the submissions every submitter will be given a number and this number will be referenced in all public documents.
If a submission requires changes to any specific properties, the property address will be published without consent. This is required to understand the matter being considered.
Even though personal information will not be published it is important to note that submissions with no contact details are not accepted.
These details are needed by Council and the Committee to ensure the submissions are genuine and to contact submitters throughout the process.