The Amendment applies to the land at 1 Jacksons Road, Mulgrave and 636 Wellington Road, Mulgrave.
The amendment will rezone the land to facilitate improved development potential by:
- Rezoning the whole site from Commercial 2 Zone to the Mixed Use Zone - Schedule 2
- Deleting the Design and Development Overlay Schedule 1
- Applying the Design and Development Overlay Schedule 16 over the whole site
- Applying the Environmental Audit Overlay over the whole site; and
- As a consequence amending the Schedule to Clause 32.04 to read Schedule 1
If you have any questions or would like to discuss this matter, please email strategicplanning@monash.vic.gov.au
Adoption of Amendment
Amendment C159 was adopted by Council at its meeting on 28 July 2020.
The Amendment was approved by the Minister for Planning and gazetted on 22 July 2021.
More information:
Report to Council – 28 July 2020 Meeting(PDF, 363KB)
Attachment 1 – Planning Panels Victoria Panel Report(PDF, 1MB)
Attachment 2 – Final Schedule 2 to Clause 32.04 Mixed Use Zone(PDF, 296KB)
Attachment 3 – Final Schedule 16 to Clause 43.02 DDO16(PDF, 755KB)
Decisions of Council – 28 July 2020 (item 1.1)
Panel Hearing
An independent Planning Panel was appointed by the Minister for Planning to consider the Amendment and all submissions that Council received about the Amendment. .
The Directions Hearing for the Panel Hearing was held on Monday 16 March 2020. The Panel made the following directions: Panel Directions 31 March 2020(PDF, 313KB)
Due to concerns about COVID-19 and its potential impacts on conducting public hearings, the Panel conducted the full Hearing by written submission ‘on the papers’, as agreed to by the parties.
The key dates for the ‘on the papers’ hearing were:
- Council to circulate the Part A submission: Wednesday 8 April 2020
- Parties involved in the hearing to circulate all witness statements: Wednesday 8 April 2020
- Council to circulate the Part B submission: Friday 17 April 2020
- Witnesses to circulate all parties a written response to questions sent by the Panel and Council: Wednesday 29 April 2020
- Parties to make further submissions addressing the answers provided by witnesses: Monday 4 May 2020
- Proponent to submit a narrated ‘walk through’ of the site along with final submissions responding to the witness question responses: Monday 18 May 2020
- Council may circulate a right of reply and closing submission: Wednesday 27 May 2020
The Panel Hearing closed on Wednesday 27 May 2020. The Panel has now finalised its report and recommendations – the report is available below (Attachment to 28 July Council Meeting).
Attachment 1 – Planning Panels Victoria Panel Report(PDF, 1MB)
Panel Hearing Documents
Monash C159 Planning Authority Part A Submission(PDF, 3MB)
Part A Submission Appendix A(PDF, 16MB)
Part A Submission Appendix B(PDF, 12MB)
Part A Submission Appendix C(PDF, 2MB)
Part A Submission Appendix D(PDF, 4MB)
Part A Submission Appendix E(PDF, 4MB)
Monash C159 Planning Authority Part B Submission(PDF, 881KB)
Monash C159 Planning Authority Response to Witness Questions(PDF, 303KB)
Monash C159 Planning Authority Final Submission(PDF, 281KB)
Expert Evidence Statements
Amendment C159 – Expert Witness – Justin Ganly(PDF, 10MB)
Amendment C159 – Expert Witness Bernard McNamara(PDF, 3MB)
Amendment C159 – Proponent Submission(PDF, 258KB)
Amendment C159 – Expert Witness Justin Ganly Response to PPV and Council Questions(PDF, 10MB)
Amendment C159 – Expert Witness Bernard McNamara Response to PPV and Council Questions(PDF, 3MB)
February 2020
Amendment C159 was exhibited between 14 October and 18 November 2019. In response to the consultation on the Amendment, three submissions were received.
Council reviewed and considered the submissions at its meeting held on 25 February 2020.
More information:
Report to Council Meeting – 25 February 2020(PDF, 303KB)
Attachment – Summary of issues raised in the submissions(PDF, 358KB)
As the rezoning has merit and there are submissions which are unable to be resolved, Council has requested the Minister for Planning to appoint an independent Panel to review the Amendment and consider all submissions received.
October - November 2019
Council sought community views on proposed Amendment C159 to the Monash Planning Scheme during October-November 2019 (until Monday 18 November).
Public Exhibition
- Commencement: Monday 14 October 2019
- Completion: Monday 18 November 2019
Exhibited Documents
Amendment C159 - Notice of Amendment(PDF, 122KB)
Amendment C159 - Explanatory Report(PDF, 312KB)
Amendment C159 - Instruction Sheet(PDF, 336KB)
Amendment C159 - Clause 43.02 – New Schedule 16 - Design and Development Overlay(PDF, 662KB)
Amendment C159 - Clause 32.04 – New Schedule 2 - Mixed Use Zone(PDF, 167KB)
Amendment C159 - Clause 32.04 – Consequential Amendment Schedule 1 - Mixed Use Zone(PDF, 161KB)
Amendment C159 - Rezoning Report – SJB(PDF, 8MB)
Amendment C159 - Economic Report – Deep End Services(PDF, 4MB)
Amendment C159 - Transport Impact Assessment – GTA Consultants(PDF, 9MB)
Amendment C159 – Map23 - Mixed Use Zone Schedule 2(PDF, 267KB)
Amendment C159 – Map23 - Design and Development Overlay Schedule 1(PDF, 263KB)
Amendment C159 – Map23 - Design and Development Overlay Schedule 16(PDF, 266KB)
Amendment C159 – Map23 - Environmental Audit Overlay Schedule 1(PDF, 264KB)
You may inspect the amendment, any documents that support the amendment and the explanatory report about the amendment, free of charge, at the following locations:
- during office hours, at the office of the planning authority, Monash Council, 293 Springvale Road, Glen Waverley
- at the Department of Environment, Land, Water and Planning website www.delwp.vic.gov.au/public-inspection
Background
At the Council Meeting on 25 June 2019 the Council resolved to authorise the Director City Development to request the Minister for Planning for authorisation to prepare and exhibit this amendment to the Monash Planning Scheme. For more information, read Agenda Item 1.3.
Note: The Amendment was originally known as Amendment C143, however the Amendment number was changed to C159 by the Department of Environment, Land, Water and Planning (DELWP) as part of the Amendment Authorisation process.