Below is an agenda item from Bayside’s upcoming council meeting regarding Bayside’s success in gaining Ministerial permission for permanent height controls and setbacks in major activity centres. What is produced below is only ONE of the reports on several amendments pertaining to their activity centres. We post this as a contrast to the persistent argument that emanates from the Glen Eira Council – ie. no need for structure plans, no need for height controls in activity centres,  etc. etc. etc.

Major Activity Centre Controls – Sandringham C100 and Interim Controls for the
Major Activity Centres C91
City Strategy – Urban Strategy
File No: COR/6309/5790
1. Purpose of the Report
To consider the redrafted proposed amendments to introduce permanent and interim controls for the Sandringham Major Activity Centre (C100 & C91) in the context of the outcome of a meeting with the Minister for Planning on 14 October 2010.
2. Background
Council received a report on 28 September 2010 to consider correspondence received from the Department of Planning and Community Development (DPCD) in relation to Council’s request for authorisation to prepare a planning scheme amendment to introduce permanent and interim controls for the Sandringham Major Activity Centre. The response was received by Council, however, a decision on redrafting the amendments to make mandatory residential heights discretionary and removing upper level setbacks, as requested by DPCD, was deferred for one meeting cycle to allow a meeting with the Minister for Planning to occur.
On 14 October 2010, the Mayor, CEO and Director City Strategy met with the Minister for Planning to raise concerns relating to the Major Activity Centre amendments, particularly in relation to DPCD’s insistence on discretionary height controls in the residential areas of the Major Activity Centres and the deletion of upper storey rear setback provisions on commercial land.
In response to the specific concerns raised, the Minister advised that he will approve mandatory 3 storey height controls for the residential areas within the major activity centres and also council’s proposed upper level setback requirements from rear boundaries of commercial developments abutting residential land.
The Minister advised that he would confirm his undertakings in a letter which would be received prior to the Council meeting on 26 October 2010.
3. Discussion
Following the meeting with the Minister for Planning on the 14 October 2010, and Council’s resolution at its Ordinary Meeting of 20 July 2010 to redraft the amendment (C100) into a revised Local Planning Policy Framework and Schedule to the Design and Development Overlay based on current zonings, the amendments have been redrafted and are attached for consideration.
As agreed with the Minister for Planning, they include mandatory 3 storey height limits for the residential areas within the Sandringham Major Activity Centre and upper level setback requirements from rear boundaries of commercial developments abutting residential land.
4. Implications
4.1. Policy
The 2009-2013 Council Plan, Commitment 3: Managing our built environment is the relevant Council Policy reference for this matter. Amendment C100 will provide additional policy support to enable Council to manage Bayside’s built environment.
In addition, the proposed amendments C91 and C100 are consistent with the Sandringham Village Structure Plan previously adopted by Council.
4.2. Legal/Statutory requirements
Any planning scheme amendment must be undertaken in accordance with the Planning & Environment Act 1987.
4.3. Financial and resource implications
Funds are available in the 2010/11 Budget to progress the amendment requests.
4.4. Environmental impacts
The amendments will introduce controls to guide the preferred form of development within Bayside’s Major Activity Centres.
4.5. Social impacts
Not applicable to this report.
5. Consultation and engagement
Consultation took place during the Structure Plan Process. Additional consultation will take place as part of the formal exhibition period for amendment C100.
6. Summary
Following a meeting with the Minister for Planning on the 14 October 2010, the Sandringham Major Activity Centre Amendment has been drafted to include mandatory 3 storey height limits for the residential areas within the Centres and upper level setback requirements from rear boundaries of commercial developments abutting residential land.
Recommendation
That Council:
1. seeks authorisation from the Minister for Planning under Section 8A (3) of the Planning and Environment Act 1987 to prepare amendment C100 to the Bayside Planning Scheme, in the form of attachment 1 to this report;
2. requests the Minister for Planning under Section 20 (4) of the Planning and Environment Act 1987 to introduce interim controls (C91) through a schedule to the Design and Development Overlay (DDO) for the Sandringham Major Activity Centre mirroring the controls contained within the DDO provided in attachment 1; and 3. authorises the Director City Strategy to make any minor editorial changes to the amendments.