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Small Activity Centres Strategy (C126) FAQs

Here are some frequently asked questions about Amendment C126.

What does Amendment C126 propose?

To implement the Bayside Small Activity Centre Strategy 2014 into the Bayside Planning Scheme including to:

  • Establishing a defined role and vision for each centre.
  • Rezone land within some centres to encourage a greater range of local uses to meet the community needs;
  • Apply new Design and Development Overlays to the centres to provide building height controls and setback requirements; and
  • Prohibit gaming in some centres.

Which centres are affected?

The amendment will apply to 32 small activity centre across Bayside. Centres are proposed to have a 2, 3 or 4 storey height limit.

Will I be overshadowed?

The Bayside Planning Scheme includes controls covering solar access and shadowing.

These controls continue to be applied to proposed development in these centres.

Has car parking been considered?

Provisions in the Bayside Planning Scheme related to car parking will continue to apply to proposed development in these centres. New development is expected to meet car parking requirements on site, as set out by Clause 52.06 of the Bayside Planning Scheme.

Why is gaming being prohibited in some centres?

Consistent with existing provisions in the Bayside Planning Scheme that recognise the potential adverse impacts of gambling, the amendment seeks to ensure that opportunities for convenience gaming are minimised within small neighbourhood activity centres.  

Why aren't we applying the same controls to large activity centres e.g Brighton?

Bayside's major activity centres already have planning controls in place (or controls are currently being prepared). This amendment only deals with small activity centres where there is currently only limited guidance.

Why do height controls differ between centres?

Each centre has been individually assessed for its capacity for development and corresponding height limits.

This assessment includes coverage of the site, height, scale of development and massing.

The surrounding area and adjacent building are other important factors in determining each centre/site’s capacity for development.

What is the Bayside Planning Scheme?

The Bayside Planning Scheme sets out how land in Bayside can be used and developed.

Planning permit applications are assessed against the Scheme to make sure they are consistent with planning policy. Council must take into account both State and local policies when making decisions.

What is a planning scheme amendment?

Amendments are used by Councils to change their planning scheme to achieve a desirable planning outcome or to support a new policy direction.

Amendments affect the wider community because they change the way land can be used or developed and can change the way planning applications are assessed.

Any amendment to the planning scheme involves all the parties who have an interest in or may be affected by it.

What is the Bayside Small Activity Centre Strategy 2014?

The Strategy recommends planning controls and policies for small activity centres to better define their roles within the community and built environment:

  • to support convenience retailing and other retailing;
  • to provide a meeting place for the community; and
  • to guide how buildings will look including height controls and design outcomes.

Why is this amendment necessary?

The amendment proposes to strengthen planning policy and clearly define the function, role and appropriate built form within activity centres, small commercial activity centres and strategic redevelopment sites.

It also will allow rezoning of some centres and applying new controls (known as overlays) tailored to suit each individual centre.

Why was a review undertaken of the Bayside Small Activity Centre Strategy 2014 and Amendment C126?

We received over 90 submissions following the exhibition of the amendment. Whilst many submitters supported the amendment, a significant number opposed some of the height controls, with mixed views on a proposed rezoning of specific sites.

Given the large number and range of conflicting views expressed by submitters in relation to the amendment, we decided to review the Small Activity Centres Strategy and Amendment C126 to assist us to consider the submissions.

What is a zone?

A zone sets out how land in a specific area should be used including residential zones, commercial zones and a range of other zones.

A zone includes 3 kinds of controls:

  1. uses which are allowed without the need to obtain a permit
  2. uses which require planning permission
  3. uses which are prohibited.

A zone also covers land uses, subdivision, construction of new buildings and other changes to land.

What is an overlay?

Land may also be covered by an overlay as well as a zone.

If an overlay applies, the land will have some special feature such as a heritage building, significant vegetation or flood risk. Overlays can also provide requirements and guidelines for the design of new development.

Not all land has an overlay, and some land has more than one overlay.

Many overlays have schedules to specify local objectives and requirements.

What is a design and development overlay?

A design and development overlay sets out guidelines for building and development on land within its boundaries. New buildings must comply with the objectives and requirements specified in a design and development overlay schedule.