About the Glismann Road area
The lot sizes in the Glismann Road Area are inconsistent with the surrounding residential area and State planning policy that is focused on reducing urban sprawl by promoting infill urban development and maximising the use of existing infrastructure, particularly in areas that are close to public transport.
About Amendment C238
Amendment C238 proposes to rezone land in the Glismann Road Area to a residential zone to allow for residential subdivision using a development plan and development contributions plan.
Amendment C238 facilitates the following:
- Rezone land from the Rural Living Zone (RLZ1) to the Neighbourhood Residential Zone (NRZ2) to allow land to be subdivided for residential development.
- Apply Development Plan Overlay (DPO19) to the Glismann Road Area to ensure that properties are developed in a cohesive manner and implements best practice planning initiatives in relation to subdivision layout, urban design, environmental and landscape considerations.
- Apply Development Contributions Plan Overlay (DCPO5) and incorporate the Glismann Road Development Contributions Plan (GRDCP) into the Cardinia Planning Scheme to share the cost of key infrastructure items triggered by the new development in a fair and reasonable manner.
- Include the local open space provision in the GRDCP and amend Clause 53.01 of the Cardinia Planning Scheme to facilitate the provision of local open space.
The land affected by Amendment C238 is referred to as the ‘Glismann Road Area’ and includes 21 rural living lifestyle lots in Beaconsfield:
- 1 to 16 Glismann Road;
- 111 to 123 Old Princes Highway; and,
- 11 Mahon Avenue
FAQ 1 - Questions about this amendment and the Victorian planning system
FAQ 2 - Questions about the Glismann Road Area Development Plan Overlay (DPO19) and Development Plan
FAQ 3 - Questions about the Glismann Road Development Contributions Overlay (DPCO5) and the Glismann Road Development Contributions Plan
As a result of legislative changes with regards to infrastructure contributions, Council had to consider its request (to the Minister for Planning) for authorisation to prepare and exhibit Amendment C238 on three separate occasions.
- Council report and minutes Monday 19 February 2018
- Council report and minutes Monday 15 October 2018
- Council report and minutes Monday 19 August 2019
Council received authorisation from the Minister for Planning to prepare Amendment C238 on the 23 April 2020.
Submissions for Amendment C238 closed at 5pm on Monday 14 September 2020.
At the Council meeting on 15 February 2021, Council resolved to refer the submissions to an independent Planning Panel for consideration.
A Panel Hearing was held from 4 May 2021 to 7 May, 2021. At the close of the Hearing on 7 May Council sought more time to respond to certain issues. The Panel granted more time to respond.
Council’s presentation of its closing submission was scheduled to be held on Tuesday 27 July 2021, however this was postponed due to the COVID-19 lockdown restrictions.
To bring this matter to a close, the Panel directed that Council present its closing submission by a video-conference which was held on Monday 11 October 2021.
The Amendment C238 Panel Report was finalised on 4 January 2022. Corrections to the Panel Report were made on 25 January 2022.
At the Council meeting on 16 May 2022, Council resolved to adopt Amendment C238.
Amendment C238 was approved with changes on the 21 October 2022. The official notification is published in the Victoria Government Special Gazette Number S647 Dated 18 November 2022.
Where to from here?
Amendment C238 has rezoned land from the Rural Living Zone (RLZ1) to the Neighbourhood Residential Zone (NRZ2) to allow land to be subdivided for residential development, however the Glismann Road Area Development Plan Overlay (Schedule 19 to Clause 43.04) requires that the Glismann Road Development Plan must be approved (to the satisfaction of the Council) before any permits for subdivision can be granted.
The ‘Preparation of the Development Plan’ was addressed in the Cardinia Planning Scheme Amendment C238card, Corrected Panel Report, 25 January 2022, which can be found via DELWP - Amendment C238 documentations link. The Panel conclusion and recommendation (page 34 of 81) stated that the Panel supports the proposal for Council to prepare the Development Plan and it recommended that $70,000 be included in planning costs in the Development Contributions Plan so that the Development Plan can be progressed by Council.
As there are no funds available in the current budget or no funds available in the Glismann Road Development Contributions budget, Council has scheduled for the $70,000 (for the preparation of the Glismann Road Development Plan) be considered in the 2024-2025 Budget.
Is it possible to for the Glismann Road Development Plan to be delivered sooner?
The ‘Preparation of a Development Plan’ is identified as Project DP_01 in the Glismann Road Development Contributions Plan (May 2022) (Glismann Road DCP) with a project cost of $70,000.
As outlined in the Glismann Road DCP:
- Subject to the agreement of Council, landowners/developers may bring forward the ‘Preparation of a Development Plan’ by providing the $70,000 upfront rather than waiting for the Council budget to become available.
- Council may enter into Section 173 Agreement with landowners/developers to formalise details of the financial arrangement regarding DCP projects.
- Once agreed in principle, the landowners/developers seeking this option must pay for all costs (including legal costs) associated with the preparing, reviewing, executing and registering the Section 173 Agreement (including those incurred by the Responsible Authority).
It is important to note, that Council will, at all times retain absolute discretion regarding whether or not to accept the request to bring forward the ‘Preparation of the Glismann Road Development Plan’.
With regards to the ‘Preparation of the Glismann Road Development Plan, Council will:
- Prepare the project brief for Glismann Road Development Plan and be responsible for the appointment of the specialist consultant.
- A Council officer will provide project management, quality control and maintain Council’s statutory role as Planning Authority.
- Ensure the highest levels of probity, transparency, and accountability will be met at all times.