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Draft Amendment C125 - Frequently Asked Questions

Q. Why hasn’t land on the Sandringham railway line been included in the Residential Growth Zone?

A. The Willis Street precinct around Hampton Station on the Sandringham Line is zoned Residential Growth Zone (RGZ). Existing structure plans for the areas around Sandringham, Hampton, Middle Brighton and North Brighton stations allow for development of up to three storeys (11 metres) on residential land around the train stations, and preferred building heights of between three and six storeys for land within the commercial strips. This is as high or higher than building heights proposed by Draft Amendment C125. These planning controls have been in place since 2013, and continue to apply.

In negotiations for the implementation of the new zones the Minister for Planning urged Council to identify land around stations on the Frankston railway line for the RGZ in light of significant state government investment to upgrade this transport corridor. Council has developed a map of Bayside to show existing and proposed height limits across the municipality, view this map 

Q. What is the difference between Residential Growth Zone 2 and Residential Growth Zone 3?

A. RGZ2 (Hampton East, Cheltenham/Southland and parts of Highett south of Highett Grove) proposes a maximum (mandatory) building height of up to 11 metres (three storeys). If approved, this would mean that a planning permit could not be granted by Council or the Victorian and Civil Administrative Tribunal (VCAT) for any development greater than three storeys. View full details of the proposed RGZ2 

RGZ3 (land around Highett Station) has preferred (discretionary) building heights of up to 7.5 metres (two storeys) for development on single lots and up to nine metres (three storeys) on consolidated lots (i.e. two or more lots being developed together). These heights reflect an existing planning control (Design and Development Overlay 5) which has been in place since 2007 and will continue to apply in this area. This means a planning application can be made to build higher than the preferred height, however additional requirements, including not unreasonably impacting neighbouring properties, would need to be met for a permit to be granted. View full details of the proposed RGZ3. For more details on Design and Development Overlay 5, view the DDO5

Please note that you must read the Zone and the Schedule together. The Zone is the set content which is the same across all planning schemes, and the schedule lists where local variations have been made (in this case building height).

Full details of all changes proposed 

Q. What is Council doing to control the height of non-residential buildings?

A. The new Residential Growth Zone does not control the height of non-residential buildings. Design and Development Overlay 6 (DDO6) is proposed to apply to all RGZ areas. This will trigger the need for a planning permit for non-residential buildings (eg churches, medical centres etc) with a proposed building height which is greater than nine metres (two storeys). View the full text of DDO6 

Q. Will Rescode still apply to new development in the Residential Growth Zone?

A. Rescode (Clauses 54 and 55), which is a statewide set of detailed standards for design and siting for single dwellings and multi-unit residential development, will still apply. This means that any application for development will still need to meet the relevant standards for setbacks from boundaries, managing overlooking and overshadowing, and wall height.

The relevant Rescode standards for boundary setbacks and building heights are shown in the diagram below:

Clause 52.06 (Car Parking) of all planning schemes outlines the requirements for on-site car parking for new developments. The relevant requirements for residential developments (including multi-unit developments) are:

  • One space for each one or two bedroom dwelling
  • Two spaces for each three or more bedroom dwelling
  • One visitor car space for every five dwellings on a site, for developments of five or more dwellings (ie a four dwelling development would not be required to provide onsite car parking.

View the full text of Clause 52.06 (Car Parking) 

The State Government has prepared a detailed fact sheet explaining all Rescode standards and how they work in practice. View the fact sheet

Q. What’s happening with the proposed Southland Train Station?

A. The construction of Southland Station has been confirmed by the Victorian Government and is due to open in 2016. Site investigation works have commenced and budget has been allocated. More information and updates about this new station is available on the Public Transport Victoria website 

Q. What is Design and Development Overlay 5 (DDO5)?

A. Design and Development Overlay (DDO5) is a specific planning control that applies to residential land around Highett Station. It has been in place since 2007. DDO5 provides a series of design guidelines for apartment and townhouse development in these areas. It specifically encourages townhouse or unit development of up to two storeys (7.5 metres) on single lots (1000m2), and apartment-style development of up to three storeys (nine metres) on larger (greater than 1000m2) lots or where multiple lots are developed together. Please note that these heights can be varied if additional design requirements are met.

Fig 1. Zoning map showing boundary between GRZ1              Fig 2. Land located in DDO5
and RGZ3 Major Street forms the boundary between
RGZ3 and GRZ1

DDO5 applies to land proposed to be included within RGZ3 as well as land included in the General Residential Zone, as shown on the above map. View the full text of DDO5 

Q. Why isn’t the CSIRO site included in Draft Amendment C125?

A. The CSIRO site is Commonwealth land, and not within the jurisdiction of the Bayside Planning Scheme or state planning legislation. Consequently, Council cannot include the CSIRO site in Draft Amendment C125 as it currently has no power to regulate use or development on the site through the planning system. The timing for the rezoning and development of the CSIRO site is dependent on when the land is sold, which is currently unknown. At the time the Commonwealth decides to sell the land, it will apply directly to the Minister for Planning for the rezoning. Whilst Council will be consulted as to its views on any future rezoning of the land, it is not responsible for making the final decision. 

Page last updated: 29 Sep 2014