About Amendment C250
Each local government area in Victoria is covered by a planning scheme. The Cardinia Planning Scheme sets out how land is protected and how it can be used and developed in Cardinia Shire.
Council is legally required to regularly review the Cardinia Planning Scheme to ensure that it is up to date, consistent with Victorian Government planning policy, and does not contain errors.
A review of the Cardinia Planning Scheme was undertaken in 2018 and a number of changes that needed to be made were identified. Most of these related to the Municipal Strategic Statement (MSS). This amendment implements those changes.
The Municipal Strategic Statement (MSS) is a statement of the key strategic planning, land use and development objectives for the municipality, and the strategies and actions for achieving those objectives. The MSS was last updated in 2012.
Every planning scheme in Victoria has state and local content:
- The State Planning Policy Framework (SPPF) sets out general principles for land use and development in Victoria and specific policies dealing with settlement, environment, housing, economic development, infrastructure, and particular uses and development.
- The MSS is part of the Local Planning Policy Framework (LPPF). It sits under the SPPF and sets a local and regional policy context for a municipality.
- The SPPF and MSS provide the strategic basis for the application of the zones, overlays and particular provisions in the planning scheme, and decision making by the responsible authority.
- The MSS must be taken into account when preparing amendments to a planning scheme or making decisions under the scheme, such as planning permit applications.
The MSS is structured as follows:
- 21.01 – Cardinia Shire Key Issues and Strategic Vision
- 21.02 – Environment
- 21.03 – Settlement and Housing
- 21.04 – Economic Development
- 21.05 – Infrastructure
- 21.06 – Particular Uses and Development
- 21.07 – Local Areas
Included in the review:
- Each section has been reviewed to remove content that is repeated in several clauses through out Clause 21.
- References to the State Planning Policy section have also been removed in accordance with “A Practitioner’s Guide to Victorian Planning Schemes”, August 2019.
- The heading and information listed under “Use of Policy and exercise of discretion” has been deleted as the information contained in these sections outlined is considered unnecessary.
- Application of zones and overlays has been updated in each relevant section to delete work that has been done and only identify zones and overlays that need to be applied.
- Further strategic work that has been completed or is no longer required has been deleted and new work identified.
- Updates to the maps to show the extent of the Urban Growth Area, including Pakenham East.
- Changes to wording where the intent was unclear and where information could be condensed
- Reference and Incorporated documents updated.
- An increase in the number of Clauses from 7 to 8 to split the Local Areas section in to a Hills Region and a Western Port Region.
Specific changes are proposed to be made to each clause. These are outlined in greater detail in the Explanatory Report.
Not included in the review:
Changes to the zoning or overlays on specific properties are not proposed as part of this review. The MSS is the overarching local policy section of the Cardinia Planning Scheme and therefore does not propose to rezone any land or make changes to overlays.
The changes to the MSS are being made to address the following issues that were identified in the Cardinia Planning Scheme Review in 2018:
- Changes to State Planning Policy since the previous planning scheme review. These include the introduction of Plan Melbourne 2017-2050, the Smart Planning Program which seeks to reform Victoria's planning system, updates to bushfire management, and native vegetation controls, urban design guidelines, and the reformed zones for Victoria, which was a review of the purpose and content of most of the zones in the Victorian Planning Provisions (VPPs).
- Relevant Planning Practice Notes. These provide guidance on how to deal with specific issues including particular sections of the Planning Scheme, and require consideration when making changes to the Planning Scheme.
- Changes at local level. This recognises changes such as the logical inclusions process that included Pakenham East within the Urban Growth Boundary (UGB), Precinct Structure Planning (PSP) work that has been completed and is being undertaken, the relocation of the Pakenham Racecourse to Tynong, Packaged Liquor Policy work, changes of economic significance such as the increasing tourism role of Puffing Billy, the opening of Gumbuya World, the Motor Recreation and Education Park, and access to non-potable water for south-east Melbourne.
The Planning Scheme Review also recognised that a number of significant updates have been made to the MSS through work completed by Strategic Planning since the previous review as follows:
- Introduction of the Western Port Green Wedge Management Plan
- Airport Policy
- Healthy by Design
- Gaming Policy
- Pakenham Structure Plan
- Beaconsfield Structure Plan
- Removal of the Rural Living Zone (with the exception of Glismann Road)
- Gembrook Township Strategy
- Koo Wee Rup Township Strategy
A number of Planning Panel and VCAT decisions have also been reviewed as these often make comment on the content or operation of the Cardinia Planning Scheme.
Council adopted the draft of the MSS review and resolved to seek authorisation to prepare Amendment C250 at the Council meeting on 10 December 2018.
Amendment C250 was on exhibition from Thursday 14 November 2019 to Monday 16 December 2019.
Privacy Collection Notice
Any person affected by an amendment is entitled to make a submission.
It is important to note that submissions to planning scheme amendments are public documents under the Planning and Environment Act 1987 (the Act). Section 21(2) of the Act requires a planning authority to make a copy of every submission available at its office for any person to inspect, during office hours and free of charge, for 2 months after an amendment comes into operation or lapses.
Before making a submission and for further information read our Privacy Collection Notice for notifications given under the Planning and Environment Act 1987.
Submissions for Amendment C250 closed on Monday 16 December 2019.
At close of exhibition
At close of exhibition a report goes to Council. Council considers the amendment and all submissions received. If concerns cannot be resolved, Council refers the submissions to an independent Planning Panel for consideration.
The Planning Panel is appointed by the Minister for Planning. All submitters can present and be heard at the public hearing. The Planning Panel then provides a report with recommendations to the Minister for Planning and Council.
We provide dates and details of Planning Panel Hearings to those who make a submission.
Council resolved to refer the submissions to an independent Planning Panel for consideration at the Town Planning Committee meeting on 3 February 2020.
A Directions Hearing was held on Wednesday 18 March 2020.
A Panel Hearing was held on Tuesday 28 April 2020.