Update - January 2022
Council had been considering the recommendations of the Interim Panel Report, including undertaking the further work and seeking to reconvene the Panel following re-exhibition. However, pursuant to s30(1)(a) of the Planning and Environment Act 1987, the amendment has now lapsed due to the passage of 2 years from the original exhibition of the amendment.
Council considered a report on changes to the Monash Open Space Strategy and Implementation Plan in November 2021 and resolved to seek authorisation from the Minister for Planning for a new amendment seeking to change the public open space contribution rate to 10%. The amendment documentation is being prepared and will be submitted for authorisation shortly.
Report to Council meeting - November 30 2021(PDF, 325KB)
Details of the amendment
This Amendment proposed to update the public open space contribution rates for all subdivisions of 3 lots or more.
The Amendment proposed to:
- Amend the Schedule to Clause 53.01 to require that all subdivisions of 3 lots or more provide a public open space contribution at a rate of 10%;
- Introduce a new Local Planning Policy – Clause 22.15: Public Open Space Contributions Policy that sets out the guidance for the process on when, where and how a public open space contribution will be required, including whether in the form of cash in lieu, land or a combination of both; and
- Replace Clause 21.10 in the Municipal Strategic Statement with a new Clause 21.10.
If you have any questions or would like to discuss this matter, please email strategicplanning@monash.vic.gov.au
Interim Panel Report
An Interim Panel Report was released by Planning Panels Victoria on 5 May 2020. The report is interim as the Panel recommend that Council should review the Amendment documents and undertake further work before re-exhibiting the Amendment. Following re-exhibition, the Panel will then reconvene to consider any submissions.
The main area of further work that the Panel recommend is for Council to prepare an implementation plan to support the calculation of the open space levy.
Council is currently considering the Panel recommendations to determine the next steps. A report will be prepared for Council in due course to update the next steps for the Amendment.
Read: Amendment C148 - Interim Panel Report(PDF, 876KB)
Panel Hearings
An independent Planning Panel has been appointed by the Minister for Planning to consider the Amendment and all submissions that Council received about the Amendment.
The Planning Panel Hearing for the Amendment C148 was held at Planning Panels Victoria over 4 days from Monday 17 February 2020.
Please read detailed timetable: Amendment C148 – updated hearing timetable(PDF, 309KB)
The Panel made the following directions Panel Directions(PDF, 672KB)
Panel Hearing Documents
Amendment C148 - Monash Council Part A Submission(PDF, 251KB)
Part A Submission - Attachment 1(PDF, 105KB)
Part A Submission - Attachment 2(PDF, 7MB)
Part A Submission - Attachment 3(PDF, 18MB)
Part A Submission - Attachment 4(PDF, 4MB)
Monash Council Part B Submission(PDF, 331KB)
Monash Council Closing Submission in Reply(PDF, 61KB)
Slides Presented by Dr Marcus Spiller – Calculating Public Open Space Contributions(PDF, 1MB)
Council Explanatory Note – Figure 4 and Community Open Space Definitions(PDF, 141KB)
Memo from SGS Economics and Planning – Exclusions from Figure 4(PDF, 1MB)
Expert Evidence Statements
Amendment C148 - Evidence Statement - Dr Marcus Spiller(PDF, 2MB)
Amendment C148 - Evidence Statement - Dr Marcus Spiller, Appendix B and C(PDF, 5MB)
Amendment C148 - Expert Witness Statement - Matt Ainsaar(PDF, 1MB)
Amendment C148 - Expert Witness Statement - Rob Milner(PDF, 12MB)
September 2019
Amendment C148 was exhibited between 17 June and 2 August 2019. In response to the consultation on the Amendment, 44 submissions were received.
Council reviewed and considered the submissions at its meeting held on 24 September 2019.
More information:
Report to Council Meeting – 24 September 2019(PDF, 236KB)
Attachment – Summary of issues raised in the submissions(PDF, 231KB)
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.
August 2019
Council sought community views on proposed Amendment C148 to the Monash Planning Scheme during June, July and August 2019.
Public Exhibition
- Commencement of Public Exhibition: Monday 17 June 2019
- Completion of Public Exhibition: Friday 2 August 2019
Exhibited Documents
Notice of Amendment(PDF, 447KB)
Explanatory Report(PDF, 298KB)
Instruction Sheet(PDF, 10KB)
Clause 53.01 – Public Open Space Contribution and Subdivision(PDF, 80KB)
Clause 22.15 – Public Open Space Contributions Policy(PDF, 335KB)
Clause 21.10 – Open Space(PDF, 466KB)
Open Space Contribution Rate Planning – Prepared by SGS Economics and Planning(PDF, 3MB)
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 City Council at 293 Springvale Road, Glen Waverley and at the Oakleigh Service Centre, 3 Atherton Road, Oakleigh
- at the Department of Environment, Land, Water and Planning website www.delwp.vic.gov.au/public-inspection
Background
At the Council Meeting on 30 October the Council adopted the Monash Open Space Strategy 2018. At the meeting Council recognised a key action of the Monash Open Space Strategy and resolved to authorise the Director City Development to request the Minister for Planning for authorisation to prepare and exhibit an amendment to the Monash Planning Scheme to update the public open space contribution rates for all subdivisions.
Amendment C148 proposes to increase the public open space requirement for subdivisions of 3 lots or more to 10% cash, 10% land, or a mix of both. Currently Council requires a public open space contribution of between 2% and 5% depending on the number of lots created. A contribution rate of 10% has been determined as necessary to deliver a reasonable standard of open space provision across the whole of Monash for a growing population. This contribution rate reflects the need to ensure that all residents in the future have contributed to providing an appropriate level of public open space services and recognises a need of 30 square metres per person.
For more information, read Monash Open Space Strategy