About the amendment
As our city grows and the scale of developments increases, we need to plan for the future. We have prepared Amendment C278 to the Melbourne Planning Scheme and undertaken a review of the Sunlight to Public Spaces Local Policy.
The last review of the policy was in 1999 and since then the pressure being placed on park use has increased due to large increases in resident, worker and visitor populations. Throughout the municipality, the scale of development has also increased with residents of higher density developments having limited access to private open space and relying on nearby public space for recreation, socialising, for being outside in the sunlight.
Amendment C278 proposes to introduce a revised approach to protect sunlight access to parks. The revised approach is to:
- Introduce winter sun access to all parks to support healthy living throughout the year.
- Increase sunlight protection hours to 10am to 3pm in winter on 21 June, from the current 11am to 2pm on 21 September for people to be able to enjoy our parks for longer periods throughout the day.
- Introduce a ‘no additional overshadowing’ control across the municipality, excluding the Hoddle Grid and Southbank.
- In areas of growth, moderate the impact of ‘no additional overshadowing’, and allow limited overshadowing of parks within certain circumstances, using the existing controls in the Design and Development Overlay, in terms of street wall height or overall building height, as the basis for the sunlight control.
The revised approach is proposed to be implemented through an updated Sunlight to Public Spaces Policy and a new Design and Development Overlay Schedule (DDO8) (excluding the Hoddle Grid, Southbank, Docklands and Spring Street South).
On 15 May 2018, the Future Melbourne Committee considered a report on Amendment C278 and resolved to seek the authorisation from the Minister for Planning to prepare and exhibit Melbourne Planning Scheme Amendment C278. The request was approved by the Minister for Planning and the Amendment was on public exhibited for community and stakeholder comment from 1 August to 5 September 2019.
A report on the submissions was due to be presented to the 4 February 2020 Future Melbourne (Planning) Committee but given the number of Councillors declaring conflicts of interest, quorum was lost and the agenda item was dealt with by an officer under delegation. In accordance with the recommendation in the report, a request was made under delegation to the Minister for Planning to appoint a Panel to consider all submissions received. The Minister appointed a three person Panel.
Given the concerns about COVID-19 and its impacts on conducting public hearings, the Panel postponed the hearing until March 2021.
A panel hearing to consider submissions and the Amendment was held via video conference from 9 March to 30 March 2021. The panel delivered its report in June 2021 recommending adoption of the Amendment with some site specific changes and minor drafting changes.
View a copy of the panel report (PDF 2.7 MB).
Current status
The Amendment C278 Panel Report was due to be considered by the Future Melbourne Committee on 17 August 2021 but Council quorum could not be reached. Council appointment the Amendment C278 Sunlight to Parks Committee at its meeting held on Tuesday 31 August 2021 to consider the Panel report. The special committee met on Tuesday 14 September 2021 and resolved the following:
That the Amendment C278 Sunlight to Parks Committee:
- Notes that:
- Council was unable to consider adopting Melbourne Planning Scheme Amendment C278 (the Amendment) due to a loss of quorum
- the Amendment cannot be adopted under delegation due to the operation of section 188(2) of the Planning and Environment Act 1987 (the Act)
- Notes management's recommendation in response to late submission No 179 in Attachment 6
- Refers the Amendment as shown in Attachment 5 of this report to the Minister for Planning
- Requests the Minister for Planning prepare and approve a new amendment to the Melbourne Planning Scheme in the same form as the Amendment under section 20(4) of the Act, in the form set out in Attachment 5 given the Amendment has been lawfully exhibited and subject to consultation and a Panel process under the Act
- Authorises the General Manager, Strategy, Planning and Climate Change to make any further required changes to the Amendment documentation prior to submitting to the Minister for Planning.
The Amendment C278 Sunlight to Parks Committee has submitted Amendment C278 (now known as Amendment C415) to the Minister for Planning for approval under section 20(4) of the Act and are awaiting a decision.
For more information on Amendment C278 please refer to Participate Melbourne.