Amendment C191 – Swan Street

Yarra City Council is proposing to introduce new planning controls for Swan Street, Richmond (between Punt Road and Park Grove) and the surrounding area, to help manage future development, protect heritage and support employment in the area.  

The planning controls will be introduced through an amendment to the Yarra Planning Scheme, known as Amendment C191. 

Why is Amendment C191 being prepared?

The State Government’s metropolitan planning framework, Plan Melbourne 2017-2050, requires that councils address population growth by directing growth to ‘activity centres’ (that is, areas where there is good access to employment, public transport and other amenities).

Swan Street is a designated major activity centre and is therefore required to play a significant role in accommodating future housing and employment growth. Swan Street also has great heritage value with high quality, low scale architecture that needs to be protected. 

The amendment is required because currently the area does not have permanent planning controls to support employment opportunities, allow for appropriate new residential development, and protect the heritage significance of Swan Street and the surrounding residential neighbourhoods.

Swan Street built form framework

The Swan Street Built from Framework, prepared by the Urban Design firm, Tract consultants, strategically supports amendment C191. The Built Form Framework reviews and builds upon the strategic work undertaken by Council to date, including the Swan Street Structure Plan, January 2014 (Structure Plan). 

The Built Form Framework proposes building height and setback requirements that provide for midrise development (5 -12 storeys) which respects the heritage streetscape and adjoining low scale residential neighbourhoods. These requirements have been based on rigorous testing, the preferred building heights in the Structure Plan, application of built form principles, heritage fabric, and approved and recently constructed development.

What stage is the Amendment at? 

The amendment was exhibited for six weeks during February and April 2019. Council received 30 submissions from the community during the public exhibition period. In response to these submissions, Council has made changes to Amendment C191.

Fourth step in planning scheme amendment process

How did councillors consider the submissions and what did they decide?

Council heard from submitters and considered the officer response to submissions at a Council Meeting on 10 September 2019. Council resolved to request that the Minister for Planning appoint an independent planning to hear submissions. Council also resolved to endorse the recommended changes to the amendment including the preferred version of the DDO schedules. Read the Council Agenda and attachments.

What are the key differences between the exhibited DDO and the preferred DDO?

Rezoning 

That the land at 371, 375, 377 Punt Road and 2-16, 14 Swan Street, Cremorne be rezoned to the Commercial 1 Zone (C1Z) to correct some land use anomalies (dual zone sites) and to facilitate land uses appropriate to the role and function of a major activity centre (Refer to attachment 2 for land affected). 

The Design and Development Overlay 

Incorporate and divide the content of exhibited Schedule 17 to the Design and Development Overlay at Clause 43.02 of the Yarra Planning Scheme into the following four preferred schedules to the Design and Development Overlay: 

  • Schedule 25 to the Design and Development Overlay (DDO25): Swan Street Activity Centre - Precinct 1 Richmond Station 
  • Schedule 26 to the Design and Development Overlay (DDO26): Swan Street Activity Centre - Precinct 2 Swan Street Retail Precinct 
  • Schedule 27 to the Design and Development Overlay (DDO27): Swan Street Activity Centre - Precinct 3 Swan Street East 
  • Schedule 28 to the Design and Development Overlay (DDO28): Swan Street Activity Centre - Precinct 4 Burnley Station 

Changes that apply to all four Design and Development Overlays 

Replace the word “must” with the word “should” where the design requirement is preferred (discretionary). 

Amend section 1.0 (Design objective) to ensure they are precinct specific and translated from the Swan Street Built Form Framework. 

Amend section 2.2 (Design requirements) to include two new themes: Building separation requirements and Design quality separation requirements. 

Make amendments to section 2.2 (Design Requirements) to the discretionary requirement under the theme Street wall and setback requirements to read: “On corner sites where two different street wall heights are nominated, buildings should ‘turn the corner’ and apply the Swan Street wall height. If the Swan Street wall is higher it should transition to the lower nominated street wall height on the side street”.

Delete the section 2.3 Precinct design requirements and relocate content elsewhere. 

Make various amendments to Street Wall Heights and Setback requirements within the Schedule. 

Amend Plan 1: Height and Interface Plan to increase the designated height of some sites from 27m to 28m, where relevant. 

Amend Figure 1 to lower the rear boundary wall height from 11.5m to 11m. 

Precinct specific schedule changes:

You can view precinct specific changes to the DDO on page 30 of the Council Agenda.

How to make a submission to the planning panel

Council intends to submit that the panel should recommend approval of the amendment based on the preferred version of the DDOs in response to submissions. You can review the changes and make a written submission.  Your submission will be submitted directly to the panel for its consideration, and will not be considered by Council.

Submissions must be made in writing and are due by Wednesday 16 October 2019.

  • Email: info@yarracity.vic.gov.au (Subject line: Swan Street Amendment C191 – further submission)
  • Post: PO Box 168, Richmond VIC 3121 (Attention to Alayna Chapman, Strategic Planning with the subject line: Amendment C191 – further submission)

The following dates have been pre-set:

  • Directions Hearing: week commencing 4 November 2019
  • Panel Hearing: week commencing 2 December 2019

If you have already made a submission, you will be a party to the panel hearing.  If you make a submission after reviewing the preferred DDO and recommended rezoning, you can also be a party to the panel hearing. All people who make a submission will be notified of the details of the hearing by Planning Panels Victoria.

Next steps

The independent Planning Panel, appointed by the Minister for Planning, will consider the exhibited amendment, the submissions and any changes Council recommends to address the submissions.

After the panel hearing, the panel will provide a report with its recommendations to Council. Council can choose to accept or reject the panel’s recommendations. However it must provide justification where it does not accept a Panel recommendation. If Council chooses to adopt the amendment (with or without changes), it will then be sent to the Minister for Planning for approval.

Find out more about the Planning Scheme Amendment process.

What did we propose at the exhibition stage?

Amendment C191 was on public exhibition for six weeks during February and March 2019. The information below details the original planning controls proposed during the exhibition phase. 

You can use the interactive map below to view the planning controls originally proposed in Amendment C191. View a larger version of this map in a new window.

Due to the size and complexity of this map we would not recommend viewing it on a mobile device. 

 

 

Amendment C191 proposes to introduce a Design and Development Overlay (known as DDO17) which specifies a number of requirements that new developments must address to protect the existing character of the area. 

This includes a mix of mandatory and preferred requirements for the height and form of new buildings (ranging from 5 to 12 storeys), which aim to maintain the prominence of the heritage streetscape and minimise impacts on adjoining residential properties. 

The DDO17 follows the recommendation of the Swan Street Activity Centre Built Form Framework, Yarra City Council and Tract, September 2017.

Amendment C191 also proposes to implement a number of heritage measures (as outlined in the Swan Street Built Form Study Heritage Assessments & Analysis, October 2017). 

The DDO17 will also require any proposed new developments to:

  • Protect views to the Dimmeys Clock Tower.
  • Prevent overshadowing of some footpaths and public spaces.
  • Limit the impact of any new development on traffic and public transport in Swan Street.
  • Protect the visual prominence and qualities of the highly intact heritage fabric of the centre
  • Provide an appropriate relationship to the adjoining low scale residential neighbourhoods.

The amendment also proposes the following key changes:

  • Inserting a new Swan Street Activity Centre Local Area Policy to guide land use and built form within the activity centre.
  • Rezoning the sections of Swan Street currently zoned as Commercial 2 Zone to the Commercial 1 Zone. Zones categorise how land is used and there are specific rules relating to each type of zone. A Commercial 1 Zone allows for mixed use developments, including retail, commercial and residential opportunities.
  • Applying the Environmental Audit Overlay to potentially contaminated land in the Swan Street Activity Centre. This will mean that an environmental audit will need to be carried out before any development can commence on this land. 

In addition, the amendment will introduce the following heritage measures:

  • Applying the Heritage Overlay to the following places to provide increased heritage protection for the streetscape and its buildings.
  • 30-42 Swan Street, Cremorne (new Swan Street West Precinct HO524) 
  • 273A Swan Street, Richmond (new HO522)
  • 323-325 Swan Street, Richmond (new HO523)
  • 223-239 Swan Street, Richmond (Swan Street Precinct HO335)
  • Removing the place at 57 Swan Street (the Corner Hotel) from the Richmond Hill Precinct (HO332) and including it as an individually significant place within the Swan Street Precinct (HO335), as the hotel has formed an important part of the social and reactional history of Swan Street.
  • Removing the following ungraded places from the Heritage Overlay in the activity centre:
  • 375 Punt Road, Cremorne (Wellington Street Precinct HO293)
  • 377 Punt Road, Cremorne (Wellington Street Precinct HO293)
  • 416-418 Church Street, Richmond (Church Street Precinct HO315)
  • Units 5-0 / 3 Green Street, Richmond (Swan Street Precinct HO355)
  • Regarding the following places as places regraded as not contributory to their broader heritage precincts.  
  • 129  Swan Street HO335
  • 218 Swan Street HO335
  • 67 Docker Street HO332
  • Correct a number of historical mapping errors.

These are the main changes being proposed and a comprehensive list of the changes can be found within the Explanatory Report.

Amendment C191 Formal Exhibition Documents

Supporting Documents