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Draft Amendment C125 - Abandoned

Council has received confirmation from the Minister for Planning, the Hon Richard Wynne, that this amendment has been abandoned. Bayside City Council welcomed the Minister for Planning’s decision not to proceed with Draft Amendment C125 that would see Residential Growth Zones applied to areas of Highett, Cheltenham, Hampton East & Brighton East.
The abandonment of the draft Amendment is the outcome residents and Council were seeking. The proposal to apply Residential Growth Zone in areas around train stations along the Frankston line was only undertaken at the direction of the office for the former Minister for Planning.

The abandonment of draft Amendment C125 means that the General Residential Zone will be retained in these areas of Highett, Cheltenham and Hampton East in line with similar locations in Brighton, Hampton and Sandringham.

History of draft Amendment C125

At a Special Meeting of Council on 18 November 2014 Council resolved to write to the Leader of the Opposition, the opposition spokesperson for planning and all relevant local candidates in the upcoming election seeking:

  • their support not to proceed with draft Amendment C125 and the application of the Residential Growth Zone;
  • their support to introduce the changes to the Bayside Planning Scheme as specified at part 3 of this resolution; and
  • that a response is provided prior to 24 November 2014 and that the response will be released to the Bayside community for their information.

Following is a list of response received in relation to the matter:

From the Shadow Minister for Planning, Brian Tee MP, Australian Labor Party
Wednesday 25 November 2014
Dear Cr Frederico
Thank you for your letter. I can confirm that the Labor Party if elected will review the residential zones including that of your council to stop inappropriate development. I note that the Napthine Government has not made any similar commitment.
It is unclear if the media release from the current Member for Sandringham represents the view of the Napthine Government or just wishful thinking.
The residential zones have taken a wrecking ball to our suburbs and I am surprised if the Planning Minister will show mercy to your suburb that he has not shown elsewhere.
Yours sincerely
Brian Tee MP,

From Sue Pennicuik MLC, Australian Greens
25 November 2014
Dear Ms Frederico
Re: Application of Residential Growth Zone in Bayside and draft Amendment C125
Thank you for your letter of 20 November concerning the above matter. The Greens support the request from Bayside City Council that draft Amendment C125 process be terminated to allow for proper community consultation, the incorporation of further schedule variations and the adoption of Council's Housing Strategy into the planning scheme.
Yours sincerely,
Sue Pennicuik MLC Member for Southern Metropolitan Region

Progress update

On the 10 November 2014, Member for Sandringham Murray Thompson issued a press release which quoted Planning Minister Matthew Guy saying that “the Napthine Government will not prescribe any minimum amount of land that must be zoned ‘Residential Growth’ in the City of Bayside”.  And furthermore that “the Napthine Government will support the City of Bayside should it wish to make any changes to the proposed Residential Growth Zones in Highett and Cheltenham, particularly land that is not on a main road or within former industrial sites”.

Refer to Council's response

Special meeting: re-evaluating draft Amendment C125

A Special Meeting of Council was held on Tuesday 18 November to re-evaluate the application of the Residential Growth Zone in Bayside.

At this meeting, Council determined to write to the Minister for Planning requesting that the Minister abandons draft Amendment C125, terminates the Residential Zones Standing Advisory Committee process and relieves the Bayside draft Amendment C125 Advisory Committee of its duties.

Refer to minutes

Refer to Council Report

Response from the Minister for Planning

The Minister for Planning, the Hon Richard Wynne, wrote  to Council in April 2015 advising that he has decided not to prepare, adopted and approve draft Amendment C125. Council welcomes the decision not to proceed with the draft Amendment that would see Residential Growth Zones applied to areas of Highett, Cheltenham, Hampton East and Brighton East. 

Residential Zones Standing Advisory Process

The Minister for Planning has appointed an independent committee, known as the Residential Zones Standing Advisory Committee (RZSAC), to consider the application of the Residential Growth Zone in the areas proposed by draft Amendment C125.

The public hearing regarding draft Amendment C125 took place over five days at the Sandringham Football Club, concluding on Tuesday 28 October. The RZSAC was required to produce a written report for the Minister for Planning by 26 November with their key findings and recommendations.

The matters considered by the RZSAC at the hearing and in their final report are prescribed by the RZSAC Terms of Reference. For more information on the RZSAC see the Department of Transport, Planning and Local Infrastructure webpage

Council’s initial submission to the RZSAC and closing submission in response to public submissions:

About Draft Amendment C125 - (this amendment has now been abandoned)

Draft Amendment C125 proposed to rezone land around the Cheltenham, Highett, Moorabbin and proposed Southland train stations to the Residential Growth Zone (RGZ).

Information sheets


The amendment also proposed a new Design and Development Overlay that triggers the need for a planning permit for a non-residential building that exceeds nine metres in height.

About the proposed changes

Page last updated: 13 Apr 2015