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Planning Scheme Amendment C209 – Public Open Space Contributions

About the amendment 
Changes to the planning scheme proposed by Amendment C209 
Public consultation 
Current status  
Next steps  
Links: 
Exhibited amendment documentation 
Submissions 
Post-exhibition amendment documentation 
Background information  

About the amendment

Planning Scheme Amendment C209 is part of the implementation of the City of Melbourne Open Space Strategy.

The City of Melbourne Open Space Strategy (2012) (PDF, 6.7MB) provides the strategic direction for open space planning across the municipality for the next 15 years. The strategy is a comprehensive review of the existing public open space network within the City of Melbourne and provides a strategic basis for Council’s future open space program.

The Open Space Strategy and associated Open Space Contributions Framework were endorsed by the Council’s Future Melbourne Committee on 10 July 2012.

Read the report:
Future Melbourne Committee Agenda 10 July 2012 

Read more about the Open Space Strategy: 
Open Space Strategy – planning for future growth

The Open Space Strategy identifies the need to invest $1 billion over the next 15 years to establish and improve open spaces throughout the municipality.

The Open Space Contributions Framework provides an equitable and consistent basis for financial and land contributions from developers and government towards providing additional open space and making open space improvements over the next 15 years.

The Framework recommends contribution rates of five per cent and eight per cent. The higher rate will apply in suburbs and precincts where higher growth and consequently a greater need for open space will occur.

Melbourne Planning Scheme Amendment C209 – Public Open Space Contributions introduces the public open space contribution rates into the Melbourne Planning Scheme. It also introduces a new policy which states when a land contribution rather than a monetary contribution would be preferred.

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Changes to the planning scheme proposed by Amendment C209

The amendment proposes to introduce a public open space requirement in the Melbourne Planning Scheme under the schedule to clause 52.01 Public Open Space Contributions and Subdivision and a new local policy, Public Open Space Contributions at Clause 22.

A public open space contribution of 5 per cent or 8 per cent will be required, being either as a percentage of the site value, a land contribution or combination of both. The rates reflect the anticipated growth and development in different parts of the municipality. The two rates are illustrated on the map below as areas A with a contribution rate of 8 per cent and areas B with a contribution rate of 5 per cent.

City of Melbourne map showing open space contribution precincts with rates of 5 or 8 per cent
View larger map (PDF, 150kb)

The new local policy, Public Open Space Contributions at clause 22.26 makes reference to the City of Melbourne Open Space Strategy and identifies areas where a land contribution is preferred over a cash contribution. It also requires development proposals in the areas with an identified open space shortfall to give early consideration to the policy so that if the land or any part of it is suitable for public open space according to the criteria identified in the policy, early provision can be made for that contribution if future subdivision of the development occurs.

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Public consultation

Public consultation on Planning Scheme Amendment C209 was held from 21 February to 28 March 2013.

These steps are all part of a legislated process, required for any proposed change to the Melbourne Planning Scheme. The engagement timeline (PDF, 150kb)  outlines all steps in this process. 

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Current status

Those who have made a submission will have an opportunity to be heard by an independent panel. The panel is appointed by the Minister for Planning and its role is to consider the amendment and all submissions. Council will consider the panel’s recommendations, review the amendment and decide whether or not to adopt it. If adopted, it will be forwarded to the Minister for Planning for approval.

A directions hearing was held on 16 August 2013. View the panel hearing timetable (Word, 130kb).

The panel hearing was scheduled to commence on 24 September 2013 but has been adjourned until December 2013. During this time, the City of Melbourne will review the amendment to resolve discrepancies in some of the data inputs and determine how to move forward with public open space contributions for the Arden-Macaulay area in light of the East West Link announcement. Further information in relation to the request for an adjournment is contained in the letter dated 16 September 2013 (PDF, 95kb).

A letter from Planning Panels in response to this request for an adjournment is contained within the letter dated 16 September 2013 (PDF, 150kb). The panel recommended a directions hearing be held to provide an opportunity for Council to outline in more detail the circumstances of the adjournment request and provide parties an opportunity to respond. 

The directions hearing was held on 24 September 2013. The outcomes of this hearing are contained within the letter dated 25 September 2013 (PDF, 1430kb). The panel has directed that Council provide an update on how Amendment C209 will be structured in light of the matters by Wednesday 18 December 2013.

Next steps

The Planning Panel is expecting an updating from the City of Melbourne by Wednesday 18 December on how the amendment will be structured. Following this, the panel may convene a further directions hearing to consider a way forward. This would not take place before February 2014 and all parties will be notified accordingly.

For further information about the directions hearing and panel hearing, please contact Planning Panels Victoria on 03 9637 9692.

Find out more about the planning scheme amendment process.

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Links   

Exhibited amendment documentation

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Submissions

Post-exhibition amendment documents

Information provided to the Panel

Relevant Council / Future Melbourne Committee reports and minutes

Other relevant reports & documentation

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Background information

Reference documents

Further enquiries

Call the City of Melbourne on 03 9658 9658 between 8.30am and 5pm weekdays or contact us online.

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