About Amendment C244

Amendment C244 was approved by the Minister for Planning and came into operation in the Cardinia Planning Scheme on 14 November 2019.

Properties affected by the Parking Overlay

Land identified as having commercial and business capabilities within the Pakenham Activity centre is shown on the map below.

Pakenham Activity Centre Parking Overlay Area - September 2018

Through the development of the Pakenham Structure Plan (March 2017), concerns were raised by the community in relation to traffic movement and insufficient car parking supply within the Pakenham Activity Centre. This led to the development of the Pakenham Parking Precinct Plan Draft which was out for consultation from Tuesday 23 January to Monday 5 March 2018. The plan was adopted by Council at the Council meeting on 21 May 2018.

Following the exhibition of Amendment C244 and in response to community feedback, a modified version of the Pakenham Parking Precinct Plan was adopted by Council at the Council meeting on 17 June 2019.

The Parking Overlay allows Council to collect a financial contribution from commercial and business landowners in Pakenham’s central business area who apply for, and are issued with, a planning permit to waive or reduce car parking spaces on their property. If a landowner is not issued with such a permit, then no financial contribution is required to be paid. This amendment does not apply to residential properties.

All cash-in-lieu funds collected by the responsible authority must be utilised on any of the following public parking projects contained in the Pakenham Parking Precinct Plan (June 2019):

  • Action 7: Upgrade to the Council owned James Street Car Park as Stage 1 (ensuring that the any upgrade allows for the development of the site for commercial, at the ground floor, providing for decked car parking on top) lighting improvements and ongoing maintenance.
  • Action 8: Upgrade to the Council owned Drake Place car park, undertaking lighting improvements and ongoing maintenance.
  • Action 9: Progress conceptual planning and design for the James Street and Drake Place car park sites and prepare cost estimates for financial contributions.
  • Action 10: Deliver improved access to public transport, pedestrian connections and wayfinding signage, cycling paths and lanes, and end of trip facilities.

How much is the financial contribution?

The contribution is $12,000 per car space. The rate will be adjusted on 1 July each year by applying the Building Price Index for Melbourne as given in the Rawlinson’s Australian Construction Handbook.

How was this figure calculated?

The Victorian Government’s Practice Note on the Parking Overlay specifies that Council can only require payment for car parking which reflects the cost of providing a car space.

This figure was determined by reviewing recent car park constructions, whilst keeping in mind that car parking in town centres is shared with users, and that it is important that the amount is appropriate to encourage development.

As Pakenham Activity Centre develops, it is important to make sure there are enough car spaces to meet demand.
The Parking Overlay helps to improve existing public car parking spaces and provide additional car parking facilities to meet future demands.

Council resolved to seek authorisation to prepare Amendment C244 at the Council meeting on 21 May 2018.

Amendment C244 was on exhibition from Thursday 4 October 2018 to Tuesday 6 November 2018.

Council resolved to refer the submissions to an independent Planning Panel for consideration at the Council meeting on 18 February 2019.

The Planning Panel held a Directions Hearing on 22 March 2019 which was attended by Council officers but the submitters did not attend. On 1 April 2019 Planning Panels Victoria advised Council that the Panel would consider all submissions and Council’s response to those submissions ‘on the papers’ as the submitters did not request to be heard. Accordingly, a Panel Hearing was not held.

The Planning Panel Report was finalised on 29 April 2019.

Amendment C244 was approved with changes. The official notification was published in the Victoria Government Gazette on 14 November 2019.