About Amendment C278card

Amendment C278card proposes to introduce a new Environmentally Sustainable Development Local Planning Policy (ESD Policy), for development to achieve best practice in environmental sustainability from its design stage through to construction and operation.

The ESD policy provides statutory weight to what is currently a voluntary approach in the planning process, by requiring those developments which require a planning permit to achieve best practice environmental objectives.

The amendment also includes refinements to the Municipal Strategic Statement (MSS) to support the new policy.

Amendment C278card applies to all land in the Shire of Cardinia, where a planning permit is required for development.

Specifically, the amendment:

  • Amends the following clauses in the Municipal Strategic Statement (MSS) to reflect the introduction of Clause 22.11 Environmentally Sustainable Development:
    • Clause 21.01 Cardinia Shire Key Issues and Strategic Vision
      • 21.01-3 - Key issues - Environment, Settlement and housing and Particular use and development
      • 21.01-4 Strategic vision
    • Clause 21.02 Environment
      • 21.02-1 Catchment and coastal management - Key issues & Objective 2 Strategies
      • 21.02-2 Landscape – Strategies (Landscape values & Design and built form)
      • 21.02-8 Resource conservation – Key issues, Strategies (Reduction of greenhouse gas emissions & Design and construction) and Implementation – Further strategic work
    • Clause 21.03 Settlement and Housing
      • 21.03-1 Housing – Key issues, Objective 1 Strategies
    • Clause 21.04 Economic Development
      • 21.04-2 Agriculture – Key issues
      • 21.04-3 Activity centres – Key issues, Strategies (Design and location)
      • 21.04-4 Industry – Key issues, Strategies (Design)
      • 21.04-5 Tourism – Key issues, Strategies (Assets)
    • Clause 21.06 Particular Uses and Development
      • 21.06-1 Urban Design – Key issues & Objective 1 Strategies
  • Introduces a new Clause 22.11 Environmentally Sustainable Development (ESD) into the Local Planning Policy Framework of the Cardinia Planning Scheme.

The local policy also sets out application requirements. Depending on the scale of development, an applicant needs to demonstrate how the relevant policy objectives will be achieved, by completing either a Sustainable Design Assessment (SDA) or a Sustainability Management Plan (SMP).

The Council Plan 2021–25 and Community Vision 2040 (Cardinia Shire Council, June 2021) is Council's key strategic document and incorporates the long-term Community Vision 2040. The development of an ESD policy and the incorporation of the ESD policy into the planning scheme are both actions of the Council Plan (Year 1 (2021-22) and Year 2 (2022-23) respectively).

At the Council meeting on 20 March 2023, Council resolved to seek authorisation to prepare Amendment C278card.

Council received authorisation from the Minister for Planning to prepare Amendment C278card on 23 October 2023.

Amendment C278card was on exhibition from 29 February 2024 to 8 April 2024.

Submissions for Amendment C278card closed at 5pm on Monday, 8 April 2024.

At the Council Meeting on 17 June 2024, Council resolved to refer the submissions to an independent Planning Panel for consideration.

Planning Panels Victoria initially scheduled a Panel Hearing for Monday 26 August 2024 at 10 am. However, a Directions Hearing was held instead. During this meeting, the Panel confirmed that the only objecting submitter to this Amendment no longer wishes to be heard and will rely on their written submissions. Consequently, the Panel has decided to prepare its report based on all written submissions.

Council received the Panel Report for Amendment C278card on the 6 September 2024. As required by section 26 of the Planning and Environment Act 1987, the report was made available for public inspection on the 16 September 2024 (which is no later than 10 business days after receiving the report). This Panel Report provides recommendations on how the Amendment should proceed.

The Panel Report recommends that Cardinia Planning Scheme Amendment C278card be adopted as exhibited, subject to format changes to Clause 22.11 and the inclusion of text in the Explanatory Report under the heading ‘Does the Amendment address relevant bushfire risk’ to include ‘The objectives of Urban Ecology would typically apply in urban areas where there is excessive hard surfaces and limited opportunities for extensive landscaping’.

Officers will now analyse the recommendations of the Panel and prepare a report for Council’s consideration at the December Council meeting (following the local government election period).

Where to from here?

Planning Scheme Amendment Process Stage 4