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I N F O R M AT I O N MEMORANDUM

366-368 NEPEAN HIGHWAY,

FRANKSTON

www.cva.melbourne ABN 82 596 462 685 | info@cva.melbourne 18-20 Russell Street, Melbourne VIC 3000 | 03 9654 2311 Suite 7, Level 3, 2 Brandon Park Drive, Wheelers Hill, VIC 3150 | 03 9560 6686


366-368 Nepean Highway, Frankston

CONTENTS INTRODUCTION1 EXECUTIVE SUMMARY

2

IMPROVEMENTS3 LOCATION5 PROPERTY PARTICULARS

6

DEMOGRAPHICS7 CONTACT DETAILS

8

APPENDICES

1

Title Plan

2

Zoning & Planning Overlays

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366-368 Nepean Highway, Frankston

INTRODUCTION CVA have great pleasure in offering this exceptional property located at 366-368 Nepean Highway, Frankston. This excellent opportunity is positioned with a significant frontage to both Nepean Highway and Kananook Creek in the heart of Frankston and can be summarised by the following key attributes: •

Restaurant area: 192m2*

Gallery area: 127m*

Land area: 1,826m2*

Great exposure to abundance of daily passing traffic

25m* frontage to Nepean Highway

Mixed use Zone- MUZ

Located in an established medium-high density residential community

Exceptional future development potential for commercial or residential

CVA strongly recommend your serious consideration of 366-368 Nepean Highway, Frankston.

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366-368 Nepean Highway, Frankston

E X E C U T I V E S U M M A RY PROPERTY:

366-368 Nepean Highway, Frankston

DESCRIPTION:

This picturesque property comprises a single level two part building situated on a premium site in a thriving Bayside area currently hosting the Boat House Restaurant at the rear with views of the creek and an Art Gallery located at the front of the premises to Nepean Highway.

RESTAURANT AREA:

192m2*

GALLERY AREA:

127m2*

LAND AREA:

1826m2*

ZONING:

Mixed use Zone - MUZ

OCCUPIER:

The Boat House Cafe & Original Oz Art Gallery

METHOD OF SALE:

Private Sale

SALE TERMS:

10% deposit, balance 60/90 days

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366-368 Nepean Highway, Frankston

IMPROVEMENTS This charming retail property is situated on a total land holding of 1,826m2* commercial mixed use zoned. Providing a space opportunity for future residential or commercial development (STCA), the property is enhanced by an extensive 25 metre* frontage to Nepean Highway, rear views overlooking Kananook Creek and exposure to over 36,000 passing cars per day (Vicroads Data 2019). Entailing two single level light filled buildings, the recently refurbished restaurant of 192m2* and boutique art gallery of 127m2*, are extremely well maintained with male and female amenities and a fully functional commercial kitchen. Additional features of the property include 28 on site car spaces. This is a not to be missed opportunity for an owner occupier seeking main road exposure, an investor looking to secure a prominent site in the Bayside region or a developer looking to land bank for future redevelopment.

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366-368 Nepean Highway, Frankston

IMPROVEMENTS

C O N T.

Original Oz Art Gallery at the Boathouse are locally owned and operated by Peter and Christina Nolan. The Artwork featured is all original, and directly from the artists.

The Iconic Boathouse Restaurant has been by popular demand Frankston’s goto restaurant for more than 20 years. It was opened in the 90’s as a fine dining restaurant but has moved to a more casual style restaurant. You will find an unpretentious menu based on fresh locally sourced produce, sit by creek-side location known as the gateway to the Mornington Peninsula. Recently refurbished to the highest standards, it is a favorite amongst locals and holiday makers.

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366-368 Nepean Highway, Frankston

L O C AT I O N With main road frontage to Nepean Highway within the Bayside area, the subject property gains advantage from excellent exposure from a consistently high volume of daily passing traffic. Frankston referred to as “the gateway to the Mornington Peninsula” is located 40 kilometres* south from Melbourne’s Central Business District. The property’s convenient location is less than 600 metres to Beach Street and less than 200 metres from Frankston Beach. Major roads and arterials surrounding the estate include Wells Road, Dandenong Road, Frankston Freeway and Mornington Peninsula Freeway. Situated within Frankston CBD is the Mornington Peninsula’s largest super regional shopping centre, ‘Bayside Shopping Centre’ which

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comprises major anchors such as Myer, Kmart, Target, Aldi, Coles and Woothworths. Other large retail neighbours surrounding the property include Officeworks, Jaycar, Kennards Hire, Dulux and Barbeques Galore. Public transport is available via buses and trams along Nepean Highway, with the closest train station being Frankston Station which has just completed a significant $63 million upgrade by the Victoria Government located just 1.2 kilometres* south of the property. This transformed the heart of Frankston to provide a safe, modern and thriving place of business and activity. The new station includes a passenger waiting room, new station buildings, improved lighting, security camera and customer kiosk.

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366-368 Nepean Highway, Frankston

P R O P E R T Y PA R T I C U L A R S Site Details Frontage to Nepean Highway: Western side boundary: Northern side boundary: Southern side boundary: Total site area:

25 metres* 24 metres* 74 metres* 76 metres* 1,826 square metres*

Title Particulars Parent Title Volume 02207 Folio 219 Lot 1 on Plan of Title Plan 132587N Zoning Mixed use Zone– (MUZ) Planning Overlays Design and Development Overlay – Schedule 6 (DDO6) Parking Overlay – Precinct 1 (PO1) Land Subject to Inundation Overlay (LSIO) Environmental Significance Overlay – Schedule 1 (ESO1)

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366-368 Nepean Highway, Frankston

DEMOGRAPHICS Frankston Suburb Profile Frankston is located 41 kilometres* south of the CBD. Frankston is the major commercial, retail, educational and transport centre in Melbourne’s outer south servicing a large hinterland including the Mornington Peninsula. The major commercial area is located between Nepean Hwy and the railway station although Karingal Hub Shopping Centre is located in the east of the suburb. Frankston also features Monash University - Peninsula Campus the Peninsula Institute of TAFE and Frankston Hospital as well as a number of golf courses.

Dwelling Type

Median

Age

<15

15-65

65>

House

$575,000.00

Population

16.7%

65.8%

17.5%

Unit

$430,000.00 Weekly

Weekly

Weekly

Individual Income

Family Income

Household Income

$594.00

$1,411.00

$1,108.00

36,097

Sources: propertydata.com.au & Australian Bureau of Statistics, Census 2016

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366-368 Nepean Highway, Frankston

C O N TA C T D E TA I L S Daniel Philip

John Nockles

Property Executive - Southern Region E: daniel.philip@cva.melbourne M: 0439 977 121

Director - Souther Region E: john.nockles@cva.melbourne M: 0404 530 393

Disclaimer This report has been compiled on the basis of information available. Though efforts have been made to verify or establish the accuracy of the material, it is not possible to warrant that it is accurate. Some predictions are estimates only and necessarily based on assumptions which may not occur. All parties should make their own independent enquiries with regard to all the information contained in this report. The report is intended to be general information only and will not form part of any contract nor is it to be taken as any form of any representation, warranty or inducement. The Agents and Representatives do not accept any responsibility for and will not be liable in respect of any of the contents of this report. *All areas listed are approximate

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366-368 Nepean Highway, Frankston

APPENDICES

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366-368 Nepean Highway, Frankston

1

Title Plan

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Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958 VOLUME 10384 FOLIO 920

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Security no : 124076980722F Produced 11/04/2019 09:01 AM

LAND DESCRIPTION Lot 1 on Title Plan 132587N. PARENT TITLE Volume 02207 Folio 219 Created by instrument V371246A 16/04/1998

REGISTERED PROPRIETOR Estate Fee Simple TENANTS IN COMMON As to 1 of a total of 2 equal undivided shares Sole Proprietor JOHN WILLIAM MOONEY of 7 FERNERY LANE FRANKSTON 3199 As to 1 of a total of 2 equal undivided shares Sole Proprietor ALLAN RUPERT SHEPHARD of 7 FERNERY LANE FRANKSTON 3199 V371246A 16/04/1998

ENCUMBRANCES, CAVEATS AND NOTICES MORTGAGE V371247W 16/04/1998 COMMONWEALTH BANK OF AUSTRALIA CAVEAT AR714049T 30/11/2018 Caveator DONNA LEE DAVIES, LISA JANE WILLIAMS Grounds of Claim BENEFICIARY/IES UNDER THE WILL OF THE FOLLOWING DECEASED PARTY, WHERE PROBATE HAS BEEN GRANTED AND ALL DEBTS IN THE ESTATE HAVE BEEN PAID. Parties JOHN WILLIAM MOONEY Estate or Interest FREEHOLD ESTATE Prohibition ABSOLUTELY Lodged by TAYLOR SPLATT & PARTNERS Notices to ALEXANDRA CARTER of UNIT 14 10 LAKEWOOD BOULEVARD CARRUM DOWNS VIC 3201 Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION SEE TP132587N FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS NIL ------------------------END OF REGISTER SEARCH STATEMENT-----------------------Title 10384/920

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Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act 1958

Page 2 of 2

Additional information: (not part of the Register Search Statement)

ADMINISTRATIVE NOTICES NIL eCT Control 15940N CBA - COMMONWEALTH BANK OF AUSTRALIA Effective from 23/10/2016 DOCUMENT END

Title 10384/920

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Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Land Use Victoria.

Document Type Document Identification Number of Pages

Plan TP132587N 1

(excluding this cover sheet)

Document Assembled 11/04/2019 09:03

Copyright and disclaimer notice: © State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Sale of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA® System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information. The document is invalid if this cover sheet is removed or altered.


366-368 Nepean Highway, Frankston

2

Zoning & Planning Overlays

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VICTORIA PLANNING PROVISIONS

32.04 31/07/2018 VC148

MIXED USE ZONE Shown on the planning scheme map as MUZ with a number (if shown). Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework. To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality. To provide for housing at higher densities. To encourage development that responds to the existing or preferred neighbourhood character of the area. To facilitate the use, development and redevelopment of land in accordance with the objectives specified in a schedule to this zone. 32.04-1 15/07/2013 VC100

32.04-2 08/08/2019 VC159

Objectives A schedule to this zone may contain objectives to be achieved for the area. Table of uses Section 1 – Permit not required Use

Condition

Art gallery Bed and breakfast

No more than 10 persons may be accommodated away from their normal place of residence. At least 1 car parking space must be provided for each 2 persons able to be accommodated away from their normal place of residence.

Community care accommodation

Must meet the requirements of Clause 52.22-2.

Dependent person’s unit

Must be the only dependent person’s unit on the lot.

Domestic animal husbandry (other than Domestic animal boarding)

Must be no more than 2 animals.

Dwelling (other than Bed and breakfast) Food and drink premises

The leasable floor area must not exceed 150 square metres.

Home based business Informal outdoor recreation Medical centre

The gross floor area must not exceed 250 square metres.

Museum Office (other than Medical centre)

The leasable floor area must not exceed 250 square metres.

Place of worship

The gross floor area of all buildings must not exceed 250 square metres.

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VICTORIA PLANNING PROVISIONS

Use

Condition

Racing dog husbandry

Must be no more than 2 animals.

Railway Residential aged care facility Rooming house

Must meet the requirements of Clause 52.23-2.

Shop (other than Adult sex product shop)

The leasable floor area must not exceed 150 square metres.

Tramway Any use listed in Clause 62.01

Must meet the requirements of Clause 62.01.

Section 2 - Permit required Use

Condition

Accommodation (other than Community care accommodation, Dependent person's unit, Dwelling, Residential aged care facility and Rooming house) Agriculture (other than Animal production, Apiculture, Domestic animal husbandry and Racing dog husbandry) Domestic animal boarding Domestic animal husbandry (other than Domestic animal boarding) â&#x20AC;&#x201C; if the Section 1 condition is not met

Must be no more than 5 animals.

Grazing animal production Industry (other than Materials recycling and Transfer station)

Must not be a purpose listed in the table to Clause 53.10.

Leisure and recreation (other than Informal outdoor recreation) Place of assembly (other than Art gallery, Carnival, Circus, Museum and Place of worship) Retail premises (other than Food and drink premises and Shop) Utility installation (other than Minor utility installation and Telecommunications facility) Warehouse

Must not be a purpose listed in the table to Clause 53.10.

Any other use not in Section 1 or 3

Section 3 - Prohibited Use Adult sex product shop Animal production (other than Grazing animal production) Brothel

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VICTORIA PLANNING PROVISIONS

Use Materials recycling Transfer station Stone extraction

32.04-3 31/07/2018 VC148

Use for industry, service station and warehouse Amenity of the neighbourhood

The use of land for an industry, service station or warehouse must not adversely affect the amenity of the neighbourhood, including through: The transport of materials or goods to or from the land. The appearance of any stored materials or goods. Traffic generated by the use. Emissions from the land. 32.04-4 31/07/2018 VC148

Subdivision Permit requirement

A permit is required to subdivide land. An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and: Must meet all of the objectives included in the clauses specified in the following table. Should meet all of the standards included in the clauses specified in the following table. Class of subdivision

Objectives and standards to be met

60 or more lots

All except Clause 56.03-5.

16 â&#x20AC;&#x201C; 59 lots

All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3.

3 â&#x20AC;&#x201C; 15 lots

All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6.

2 lots

Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.

VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2. Class of application

Information requirements and decision guidelines

Subdivide land to realign the common boundary between 2 lots where:

Clause 59.01

The area of either lot is reduced by less than 15 percent. The general direction of the common boundary does not change.

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VICTORIA PLANNING PROVISIONS

Class of application

Information requirements and decision guidelines

Subdivide land into lots each containing an existing building or car parking space Clause 59.02 where: The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme. An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision. Subdivide land into 2 lots if:

Clause 59.02

The construction of a building or the construction or carrying out of works on the land: â&#x20AC;&#x201C;

Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.

â&#x20AC;&#x201C;

Has started lawfully.

The subdivision does not create a vacant lot.

32.04-5 31/07/2018 VC148

Construction and extension of one dwelling on a lot Permit requirement

A permit is required to construct or extend one dwelling on a lot of less than 300 square metres. A development must meet the requirements of Clause 54. No permit required

No permit is required to: Construct or carry out works normal to a dwelling. Construct or extend an out-building (other than a garage or carport) on a lot provided the gross floor area of the out-building does not exceed 10 square metres and the maximum building height is not more than 3 metres above ground level. Make structural changes to a dwelling provided the size of the dwelling is not increased or the number of dwellings is not increased. VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2. Class of application

Information requirements and decision guidelines

Construct an outbuilding or extend a dwelling if the development:

Clause 59.14

Does not exceed a building height of 5 metres. Is not visible from the street (other than a lane) or a public park.

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VICTORIA PLANNING PROVISIONS

Class of application

Information requirements and decision guidelines

Meets the requirements in the following standards of Clause 54: –

A10 Side and rear setbacks.

A11 Walls on boundaries.

A12 Daylight to existing windows.

A13 North-facing windows.

A14 Overshadowing open space.

A15 Overlooking.

For the purposes of this class of VicSmart application, the Clause 54 standards specified above are mandatory. If a schedule to the zone specifies a requirement of a standard different from a requirement set out in the Clause 54 standard, the requirement in the schedule to the zone applies and must be met.

32.04-6 31/07/2018 VC148

Construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings Permit requirement

A permit is required to: Construct a dwelling if there is at least one dwelling existing on the lot. Construct two or more dwellings on a lot. Extend a dwelling if there are two or more dwellings on the lot. Construct or extend a dwelling if it is on common property. Construct or extend a residential building. A permit is required to construct or extend a front fence within 3 metres of a street if: The fence is associated with 2 or more dwellings on a lot or a residential building, and The fence exceeds the maximum height specified in Clause 55.06-2. A development must meet the requirements of Clause 55. This does not apply to a development of five or more storeys, excluding a basement. An apartment development of five or more storeys, excluding a basement, must meet the requirements of Clause 58. A permit is not required to construct one dependent person’s unit on a lot. Transitional provisions

Clause 55 of this scheme, as in force immediately before the approval date of Amendment VC136, continues to apply to: An application for a planning permit lodged before that date. An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before that date. Clause 58 does not apply to:

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VICTORIA PLANNING PROVISIONS

An application for a planning permit lodged before the approval date of Amendment VC136. An application for an amendment of a permit under section 72 of the Act, if the original permit application was lodged before the approval date of Amendment VC136. VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.

32.04-7 15/07/2013 VC100

Class of application

Information requirements and decision guidelines

Construct or extend a front fence within 3 metres of a street if the fence is associated with 2 or more dwellings on a lot or a residential building.

Clause 59.03

Requirements of Clause 54 and Clause 55 A schedule to this zone may specify the requirements of: Standards A3, A5, A6, A10, A11, A17 and A20 of Clause 54 of this scheme. Standards B6, B8, B9, B13, B17, B18, B28 and B32 of Clause 55 of this scheme. If a requirement is not specified in a schedule to this zone, the requirement set out in the relevant standard of Clause 54 or Clause 55 applies.

32.04-8 26/10/2018 VC152

Residential aged care facility Permit requirements

A permit is required to construct a building or construct or carry out works for a residential aged care facility. A development must meet the requirements of Clause 53.17 - Residential aged care facility. 32.04-9 26/10/2018 VC152

Buildings and works associated with a Section 2 use A permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause 32.04-2. VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2. Class of application

Information requirements and decision guidelines

Construct a building or construct or carry out works with an estimated cost of up to $100,000 where:

Clause 59.04

The building or works is not associated with a dwelling. The requirements in the following standards of Clause 54 are met, where the land adjoins land in a residential zone used for residential purposes: â&#x20AC;&#x201C;

A10 Side and rear setbacks.

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VICTORIA PLANNING PROVISIONS

Class of application

A11 Walls on boundaries.

A12 Daylight to existing windows.

A13 North-facing windows.

A14 Overshadowing open space.

A15 Overlooking.

Information requirements and decision guidelines

For the purposes of this class of VicSmart application, the Clause 54 standards specified above are mandatory. If a schedule to the zone specifies a requirement of a standard different from a requirement set out in the Clause 54 standard, the requirement in the schedule to the zone applies and must be met.

32.04-10 26/10/2018 VC152

Buildings on lots that abut another residential zone Any buildings or works constructed on a lot that abuts land which is in a General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone, or Township Zone must meet the requirements of Clauses 55.03-5, 55.04-1, 55.04-2, 55.04-3, 55.04-5 and 55.04-6 along that boundary. This does not apply to a building or works for a residential aged care facility.

32.04-11 26/10/2018 VC152

Maximum building height requirement A building must not be constructed that exceeds the maximum building height specified in a schedule to this zone. A building may exceed the maximum building height specified in a schedule to this zone if: It replaces an immediately pre-existing building and the new building does not exceed the building height of the pre-existing building. There are existing buildings on both abutting allotments that face the same street and the new building does not exceed the building height of the lower of the existing buildings on the abutting allotments. It is on a corner lot abutted by lots with existing buildings and the new building does not exceed the building height of the lower of the existing buildings on the abutting allotments. It is constructed pursuant to a valid building permit that was in effect prior to the introduction of this provision. It is a residential aged care facility and the maximum building height in the schedule to the zone is less than 16 metres. An extension to an existing building may exceed the maximum building height specified in a schedule to this zone if it does not exceed the building height of the existing building. A building may exceed the maximum building height by up to 1 metre if the slope of the natural ground level, measured at any cross section of the site of the building wider than 8 metres, is greater than 2.5 degrees. The maximum building height requirement in this zone or a schedule to this zone applies whether or not a planning permit is required for the construction of a building.

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VICTORIA PLANNING PROVISIONS

Building height if land is subject to inundation

If the land is in a Special Building Overlay, Land Subject to Inundation Overlay or is land liable to inundation the maximum building height specified in the zone or schedule to the zone is the vertical distance from the minimum floor level determined by the relevant drainage authority or floodplain management authority to the roof or parapet at any point. 32.04-12 26/10/2018 VC152

Application requirements General

Any application requirements specified in a schedule to this zone. Use for industry and warehouse

Unless the circumstances do not require, an application to use land for an industry or warehouse must be accompanied by the following information: The purpose of the use and the types of activities to be carried out. The type and quantity of materials and goods to be stored, processed or produced. Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority. Whether a notification under the Occupational Health and Safety Regulations 2017 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2012 is exceeded. How land not required for immediate use is to be maintained. The likely effects, if any, on the neighbourhood, including noise levels, traffic, air-borne emissions, emissions to land and water, light spill, glare, solar access and hours of operation (including the hours of delivery and dispatch of materials and goods). Buildings and works associated with a Section 2 use

An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate: A site analysis and descriptive statement explaining how the proposal responds to the site and its context. Plans drawn to scale and dimensioned which show:

32.04-13 26/10/2018 VC152

The layout of proposed buildings and works.

An elevation of the building design and height.

Setbacks to property boundaries.

All proposed access and pedestrian areas.

All proposed driveway, car parking and loading areas.

Existing vegetation and proposed landscape areas.

The location of easements and services.

Exemption from notice and review Subdivision

An application for subdivision is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. Page 8 of 9


VICTORIA PLANNING PROVISIONS

Other applications

A schedule to this zone may specify that an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. 32.04-14 26/10/2018 VC152

Decision guidelines General

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The Municipal Planning Strategy and the Planning Policy Framework. The objectives set out in a schedule to this zone. Any other decision guidelines specified in a schedule to this zone. The impact of overshadowing on existing rooftop solar energy facilities on dwellings on adjoining lots in a Mixed Use Zone or Residential Growth Zone. Use for industry, service station and warehouse

The effect that existing uses on adjoining or nearby land may have on the proposed use. The design of buildings, including provision for solar access. The availability and provision of utility services. The effect of traffic to be generated by the use. The interim use of those parts of the land not required for the proposed use. Whether the use is compatible with adjoining and nearby land uses. For non-residential uses, the proposed hours of operation, noise and any other likely off-site amenity impacts. Subdivision

The pattern of subdivision and its effect on the spacing of buildings. For subdivision of land for residential development, the objectives and standards of Clause 56. Construction and extension of one dwelling on a lot

The objectives, standards and decision guidelines of Clause 54. Construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings

For two or more dwellings on a lot, dwellings on common property and residential buildings, the objectives, standards and decision guidelines of Clause 55. This does not apply to an apartment development of five or more storeys, excluding a basement. For an apartment development of five or more storeys, excluding a basement, the objectives, standards and decisions guidelines of Clause 58. 32.04-15 26/10/2018 VC152

Signs Sign requirements are at Clause 52.05. This zone is in Category 3 unless a schedule to this zone specifies a different category.

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FRANKSTON PLANNING SCHEME

16/01/2014 C78

SCHEDULE 6 TO THE DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO6. FRANKSTON - SEAFORD COASTAL STRIP

1.0 16/01/2014 C78

Design objectives To protect and enhance the visual amenity of the coastal strip extending from Olivers Hill to Seaford. To ensure that building height and bulk are compatible with and enhance the appearance and preferred character of the locality. To ensure that development respects and is compatible with the predominant characteristics of the preferred character of the area, including the generally low rise building heights. To encourage new buildings, alterations and extensions that are well designed and reflect the coastal setting, through the use of appropriate materials and design detail. To encourage buildings that respect the environmental qualities of the coastal area, the environs of Kananook Creek and nearby nature reserves, particularly through appropriate siting, site coverage, fencing and landscaping.

2.0 16/01/2014 C78

Buildings and works A permit is not required to construct or carry out buildings or works for:  Navigational aids.  A radio mast.  A television antenna.  A television mast associated with a building.  The development of public land by or on behalf of a public land manager.  A single dwelling or ancillary outbuildings, provided the following is met:  Any building that does not exceed 7 metres in height. Buildings and works must not exceed 9 metres in height if located south of the Mile Bridge and west of Kananook Creek, Frankston or south of the Frankston Principal Activity Centre unless the slope of the natural ground level at any cross section wider than 8 metres of the site of the building is 2.5 degrees or more, in which case the height must not exceed 10 metres. This cannot be varied with a permit. Where a site adjoins the beach, the second storey component of any building must be set back from the first storey beach elevation a distance of at least the first storey building height. Buildings and works must not exceed 12 metres in height if located north of the Mile Bridge, Frankston or between the Mile Bridge and the Frankston Principle Activity Centre and east of Kananook Creek. This cannot be varied with a permit. Where a site adjoins Kananook Creek, the second and third storey component of any building must be set back from the creek elevation a distance of at least the height of the storey below. A permit may be granted to replace a building or works existing on the approval date of the Frankston Planning Scheme, but which exceeds the maximum height specified above. The

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 6

PAGE 1 OF 2


FRANKSTON PLANNING SCHEME

replacement building may be higher only if the Responsible Authority is satisfied an increased height improves the amenity or enhances the preferred neighbourhood character. 3.0 29/01/2009 C24

Decision guidelines Before deciding on an application the responsible authority must consider:  The extent to which the proposed development meets the objectives and design responses contained in the relevant Neighbourhood Character Study Character Statement precinct brochure for the area.  The appropriateness of the development having regard to the Preferred Neighbourhood Character statement for the area.  The extent to which the development provides sufficient unpaved area and landscaping appropriate to the coastal setting. Before deciding on an application for development that exceeds 7 metres in height, the responsible authority must consider whether the additional height is justified having regard to:  The need for a particular roof form or architectural feature that assists in achieving the preferred neighbourhood character of the area, or the objectives and design responses contained in the relevant Neighbourhood Character Study Character Statement in the precinct brochure for the area; or  Whether the height assists in achieving the preferred neighbourhood character of the area, or the objectives and design responses contained in the relevant Neighbourhood Character Study Character Statement in the precinct brochure for the area; or  In the area north of the Mile Bridge, the extent to which the development assists in achieving the Council’s housing objectives contained in the Municipal Strategic Statement.

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 6

PAGE 2 OF 2


43.02 31/07/2018 VC148

DESIGN AND DEVELOPMENT OVERLAY Shown on the planning scheme map as DDO with a number. Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework. To identify areas which are affected by specific requirements relating to the design and built form of new development. 43.02-1 19/01/2006 VC37

43.02-2 31/07/2018 VC148

Design objectives A schedule to this overlay must contain a statement of the design objectives to be achieved for the area affected by the schedule. Buildings and works Permit requirement

A permit is required to: Construct a building or construct or carry out works. This does not apply: â&#x20AC;&#x201C; â&#x20AC;&#x201C;

If a schedule to this overlay specifically states that a permit is not required. To the construction of an outdoor swimming pool associated with a dwelling unless a specific requirement for this matter is specified in a schedule to this overlay.

Construct a fence if specified in a schedule to this overlay. Buildings and works must be constructed in accordance with any requirements in a schedule to this overlay. A schedule may include requirements relating to: Building setbacks. Building height. Plot ratio. Landscaping. Any other requirements relating to the design or built form of new development. A permit may be granted to construct a building or construct or carry out works which are not in accordance with any requirement in a schedule to this overlay, unless the schedule specifies otherwise. VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2. Class of application

Information requirements and decision guidelines

Construct a fence.

Clause 59.05

Construct a building or construct or carry out works for:

Clause 59.05

A carport, garage, pergola, verandah, deck, shed or similar structure. An outdoor swimming pool. The buildings and works must be associated with a dwelling.

Page 1 of 3


Class of application

Information requirements and decision guidelines

Construct a building or construct or carry out works with an estimated cost Clause 59.05 of up to $1,000,000 where the land is in an industrial zone. Construct a building or construct or carry out works with an estimated cost Clause 59.05 of up to $500,000 where the land is in a commercial zone or a Special Use, Comprehensive Development, Capital City, Docklands, Priority Development or Activity Centre Zone.

Exemption from notice and review

A schedule to this overlay may specify that an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. 43.02-3 31/07/2018 VC148

Subdivision Permit requirement

A permit is required to subdivide land. This does not apply if a schedule to this overlay specifically states that a permit is not required. Subdivision must occur in accordance with any lot size or other requirement specified in a schedule to this overlay. A permit may be granted to subdivide land which is not in accordance with any lot size or other requirement in a schedule to this overlay, unless the schedule specifies otherwise. VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2. Class of application

Information requirements and decision guidelines

Subdivide land to realign the common boundary between 2 lots where:

Clause 59.01

The area of either lot is reduced by less than 15 percent. The general direction of the common boundary does not change. Subdivide land into lots each containing an existing building or car parking space Clause 59.02 where: The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme. An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision. Subdivide land into 2 lots if:

Clause 59.02

The construction of a building or the construction or carrying out of works on the land:

Page 2 of 3


Class of application

â&#x20AC;&#x201C;

Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.

â&#x20AC;&#x201C;

Has started lawfully.

Information requirements and decision guidelines

The subdivision does not create a vacant lot.

Exemption from notice and review

A schedule to this overlay may specify that an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. 43.02-4 31/07/2018 VC148

43.02-5 31/07/2018 VC148

43.02-6 31/07/2018 VC148

Signs Sign requirements are at Clause 52.05 unless otherwise specified in a schedule to this overlay. Application requirements An application must be accompanied by any information specified in a schedule to this overlay. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The Municipal Planning Strategy and the Planning Policy Framework. The design objectives of the relevant schedule to this overlay. The provisions of any relevant policies and urban design guidelines. Whether the bulk, location and appearance of any proposed buildings and works will be in keeping with the character and appearance of adjacent buildings, the streetscape or the area. Whether the design, form, layout, proportion and scale of any proposed buildings and works is compatible with the period, style, form, proportion, and scale of any identified heritage places surrounding the site. Whether any proposed landscaping or removal of vegetation will be in keeping with the character and appearance of adjacent buildings, the streetscape or the area. The layout and appearance of areas set aside for car parking, access and egress, loading and unloading and the location of any proposed off street car parking Whether subdivision will result in development which is not in keeping with the character and appearance of adjacent buildings, the streetscape or the area. Any other matters specified in a schedule to this overlay.

Page 3 of 3


42.01 31/07/2018 VC148

ENVIRONMENTAL SIGNIFICANCE OVERLAY Shown on the planning scheme map as ESO with a number. Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework. To identify areas where the development of land may be affected by environmental constraints. To ensure that development is compatible with identified environmental values. 42.01-1 31/07/2018 VC148

Environmental significance and objectives A schedule to this overlay must contain: A statement of environmental significance. The environmental objectives to be achieved.

42.01-2 31/07/2018 VC148

Permit requirement A permit is required to: Construct a building or construct or carry out works. This does not apply if a schedule to this overlay specifically states that a permit is not required. Construct a fence if specified in a schedule to this overlay. Construct bicycle pathways and trails. Subdivide land. This does not apply if a schedule to this overlay specifically states that a permit is not required. Remove, destroy or lop any vegetation, including dead vegetation. This does not apply: –

If a schedule to this overlay specifically states that a permit is not required.

If the table to Clause 42.01-3 specifically states that a permit is not required.

To the removal, destruction or lopping of native vegetation in accordance with a native vegetation precinct plan specified in the schedule to Clause 52.16.

VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2. Class of application

Information requirements and decision guidelines

Subdivide land to realign the common boundary between 2 lots where:

Clause 59.01

The area of either lot is reduced by less than 15 percent. The general direction of the common boundary does not change. Subdivide land into lots each containing an existing building or car parking space where:

Clause 59.02

The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.

Page 1 of 4


Information requirements and decision guidelines

Class of application

An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision. Subdivide land into 2 lots if:

Clause 59.02

The construction of a building or the construction or carrying out of works on the land: –

Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.

Has started lawfully.

The subdivision does not create a vacant lot. Construct a fence.

Clause 59.05

Remove, destroy or lop one tree.

Clause 59.06

Construct a building or construct or carry out works for:

Clause 59.05

A carport, garage, pergola, verandah, deck, shed or similar structure. A rainwater tank. The buildings and works must be associated with a dwelling.

42.01-3

Table of exemptions

31/07/2018 VC148

The requirement to obtain a permit does not apply to: Emergency works

Vegetation that is to be removed, destroyed or lopped: in an emergency by, or on behalf of, a public authority or municipal council to create an emergency access or to enable emergency works; or where it presents an immediate risk of personal injury or damage to property. Only that part of the vegetation that presents the immediate risk may be removed, destroyed or lopped under this exemption.

Fire protection

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of any of the following fire protection activities: fire fighting; planned burning; making or maintenance of a fuelbreak or fire fighting access track (or any combination thereof) that does not exceed a combined width of 6 metres; making of a strategic fuelbreak up to 40 metres wide by, or on behalf of, a public authority in accordance with a strategic fuelbreak plan approved by the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987); is ground fuel within 30 metres of a building and is vegetation other than native vegetation; in accordance with a fire prevention notice issued under either: –

Section 65 of the Forests Act 1958; or

Section 41 of the Country Fire Authority Act 1958.

Page 2 of 4


The requirement to obtain a permit does not apply to: keeping vegetation clear of, or minimising the risk of bushfire ignition from, an electric line in accordance with a code of practice prepared under Part 8 of the Electricity Safety Act 1998; minimising the risk to life and property from bushfire on a roadside of a public road managed by the relevant responsible road authority, and carried out by, or on behalf of that authority in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987). In this exemption, roadside, public road and responsible road authority have the same meanings as in section 3 of the Road Management Act 2004. Note: Additional permit exemptions for bushfire protection are provided at Clause 52.12. Geothermal energy exploration and extraction

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary in accordance with an operation plan approved under the Geothermal Energy Resources Act 2005.

Greenhouse gas sequestration and exploration

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary in accordance with an operation plan approved under the Greenhouse Gas Geological Sequestration Act 2008.

Land management or directions notice

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to comply with a land management notice or directions notice served under the Catchment and Land Protection Act 1994.

Land use conditions

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to comply with a land use condition served under the Catchment and Land Protection Act 1994.

Mineral exploration and extraction

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by the holder of an exploration, mining, prospecting, or retention licence issued under the Mineral Resources (Sustainable Development) Act 1990: that is low impact exploration within the meaning of Schedule 4A of the Mineral Resources (Sustainable Development) Act 1990; or in accordance with a work plan approved under Part 3 of the Mineral Resources (Sustainable Development) Act 1990. Note: Schedule 4A of the Mineral Resources (Sustainable Development) Act 1990 specifies limits on the extent of native vegetation that may be removed as part of low impact exploration.

Noxious weeds

Vegetation that is a noxious weed subject of a declaration under section 58 or section 58A of the Catchment and Land Protection Act 1994. This exemption does not apply to Australian Dodder (Cuscuta australis).

Pest animal burrows

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the removal of pest animal burrows. In the case of native vegetation the written agreement of an officer of the department responsible for administering the Flora and Fauna Guarantee Act 1988 is required before the vegetation can be removed, destroyed or lopped.

Planted vegetation

Vegetation that is to be removed, destroyed or lopped that was either planted or grown as a result of direct seeding for Crop raising or Extensive animal husbandry.

Railways

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to maintain the safe and efficient function of an existing railway, or railway access road, in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987).

Regrowth

Vegetation that is to be removed, destroyed or lopped that has naturally established or regenerated on land lawfully cleared of naturally established vegetation, and is: bracken (Pteridium esculentum); or within the boundary of a timber production plantation, as indicated on a Plantation Development Notice or other documented record, and has established after the plantation.

Page 3 of 4


The requirement to obtain a permit does not apply to: This exemption does not apply to land on which vegetation has been destroyed or otherwise damaged as a result of flood, fire or other natural disaster. Road safety

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by or on behalf of a public authority or municipal council to maintain the safe and efficient function of an existing public road in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987).

Stone exploration

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of Stone exploration. The maximum extent of vegetation removed, destroyed or lopped under this exemption on contiguous land in the same ownership in a five year period must not exceed any of the following: 1 hectare of vegetation which does not include a tree. 15 trees with a trunk diameter of less than 40 centimetres at a height of 1.3 metres above ground level. 5 trees with a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level. This exemption does not apply to costeaning and bulk sampling activities.

Stone extraction

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary to enable the carrying out of Stone extraction in accordance with a work plan approved under the Mineral Resources (Sustainable Development) Act 1990 and authorised by a work authority granted under that Act.

Surveying

Vegetation that is to be removed, destroyed or lopped to the minimum extent necessary by, or on behalf of, a licenced surveyor (within the meaning of section 3 of the Surveying Act 2004) using hand-held tools to establish a sightline for the measurement of land.

Traditional owners

Vegetation that is to be removed, destroyed or lopped by a person acting under, and in accordance with: a natural resources agreement under Part 6 of the Traditional Owners Settlement Act 2010; or an authorisation order made under sections 82 or 84 of the Traditional Owner Settlement Act 2010 as those sections were in force immediately before the commencement of section 24 of the Traditional owners Settlement Amendment Act in 2016 (1 May 2017).

42.01-4 31/07/2018 VC148

42.01-5 31/07/2018 VC148

Application requirements An application must be accompanied by any information specified in a schedule to this overlay. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The Municipal Planning Strategy and Planning Policy Framework. The statement of environmental significance and the environmental objective contained in a schedule to this overlay. The need to remove, destroy or lop vegetation to create a defendable space to reduce the risk of bushfire to life and property. Any other matters specified in a schedule to this overlay.

Page 4 of 4


FRANKSTON PLANNING SCHEME

04/05/2017 C113

SCHEDULE 1 TO THE ENVIRONMENTAL SIGNIFICANCE OVERLAY Shown on the planning scheme map as ESO1. Native Vegetation and Fauna Habitat

1.0 04/05/2017 C113

Statement of environmental significance Remnant indigenous vegetation covers about 13% of the municipality, making an important contribution to biological diversity including 23 broad vegetation communities, over 580 indigenous plant species and providing habitat for a variety of fauna, including 13 significant species. Native vegetation also makes an important contribution to the landscape character of the municipality. State biodiversity and native vegetation provisions place emphasis on protecting higher value biodiversity, particularly that which is significant or important at the national and state level. Much of the remnant indigenous vegetation within the municipality is of local and regional significance. Local and regionally significant indigenous vegetation makes an important contribution to the biological diversity of the municipality and it is vital to protect, maintain and enhance. Strengthening of connecting habitat links is critical in maintaining biodiversity within the municipality.

2.0 04/05/2017 C113

Environmental objective to be achieved  Protect national, state, regional and locally significant vegetation and biodiversity within Frankston City Council.  Protect populations or communities of indigenous flora and fauna.  To protect and enhance bio links across the landscape and ensure that vegetation is suitable for maintaining the health of species, communities and ecological processes, including the prevention of the incremental loss of vegetation.  Ensure that the development and management of land within areas of native vegetation and fauna habitat as specified in Table 1 and shown on Map 1 to this schedule is compatible with the long term protection and enhancement of their botanical and zoological values.  Avoid and minimise the impacts of buildings and works and subdivision, on areas of native vegetation and fauna habitat specified in Table 1 and shown on Map 1 to this schedule.  To ensure that development and management of land demonstrates the ‘avoidance hierarchy’: 

To avoid adverse impacts, particularly through vegetation clearance.

If impacts cannot be avoided, to minimise impacts through appropriate consideration and expert input to project design or management.

Identify appropriate mitigation options. Only after avoidance and minimisation actions are thoroughly investigated should mitigation be considered.

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 1 OF 12


FRANKSTON PLANNING SCHEME

3.0

Permit Requirement

04/05/2017 C113

Buildings and Works A permit is not required:  To construct a building or carry out works outside the Tree Protection Zone of a native tree. The Tree Protection Zone is defined as the area with a radius from the centre of the trunk equal to 12 times the diameter of the trunk except where: 

The measured radius is less than 2 metres in which case the radius must be 2 metres; or

The measured radius is greater than 15 metres, in which case the radius must be 15 metres.

For the purposes of calculating the Tree Protection Zone, the diameter of the trunk is measured at 1.4 metres above the point where it meets natural ground level.  To construct a building or carry out works more than 5 metres from native vegetation other than trees. 

To construct buildings or works by or on behalf of Parks Victoria as a public land manager.

To construct buildings or works associated with an extractive industry that has a current Work Authority.

 To construct an extension to an existing dwelling that is less than 50 percent of the floor area of the existing dwelling. To construct an outbuilding ancillary to a dwelling and the gross floor area of all outbuildings on the land does not exceed 100 square metres. Native Vegetation A permit is not required to remove, destroy, prune or lop vegetation where:  The vegetation is not native. 

The pruning or lopping of limbs is less than one-third (1/3rd) of the crown of the tree.

 The vegetation is an environmental weed specified in Table 2 to this schedule.  The removal, destruction or lopping is within land zoned Special Use Zone-Extractive Industry and is in accordance with the provisions of a Work Authority issued under the Extractive Industries Development Act 1995.  Undertaken by or on behalf of Parks Victoria as a public land manager. Note:

Pruning of a tree is defined as removing branches (or occasionally roots) from a tree or plant using approved practices, to achieve a specified objective such as for regeneration or ornamental shaping. Lopping is defined as the practice of cutting branches or stems between branch unions or internodes.

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 2 OF 12


FRANKSTON PLANNING SCHEME

4.0

Application Requirements

04/05/2017 C113

Buildings and Works An application to construct a building or construct or carry out works must be accompanied by the following information as appropriate:  An arboricultural report prepared by a suitably qualified and experienced arborist assessing any native tree with a Tree Protection Zone within the works footprint.  A site plan (drawn to scale) including but not limited to: 

The location of buildings or works including but not limited to driveways, batters, trenches and underground services and effluent disposal systems.

Dimensions of any existing building envelope.

The location, type and extent of native vegetation on site.

Accurate and detailed existing and proposed site levels.

Cross sections to illustrate the extent of cut and fill.

Details of retaining walls including height, materials and if required, drainage.

Demonstration that adverse environmental impacts will be avoided, or where they cannot be avoided, minimised, so that the ecological integrity of the area is conserved and protected. This includes avoiding or minimising the likely impact of any proposed subdivision and possible future development of the lots, including but not limited to:

Earthworks.

Changes to the hydrology and drainage pattern.

 Measures to be undertaken to minimise environmental impacts during the construction period, including soil conservation, waterway and native vegetation protection measures. Vegetation Removal An application to remove, destroy or lop any native vegetation must be accompanied by the following information as appropriate:  An arborist’s report for any native trees to be removed including assessment of the presence of hollows.  A flora and fauna assessment that includes as a minimum: 

Inventory of flora and fauna species present on the site.

Mapping of native vegetation present on site.

A habitat hectare assessment of native vegetation quality.

A habitat assessment for threatened fauna.

An assessment of the ecological values present on site and the likely impact of the proposed development on those values with particular attention given to the impact of the proposed development on flora and fauna species and communities listed under the Commonwealth Environment Protection & Biodiversity Conservation Act 1999 and Victorian Flora & Fauna Guarantee Act 1988, Advisory Lists of rare or threatened plants and fauna in Victoria, and local and regional significant flora and fauna.

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 3 OF 12


FRANKSTON PLANNING SCHEME

An assessment of the contribution the proposed vegetation removal would have on cumulative losses and / or strategic directions for biodiversity protection within Frankston City Council.

Whether offsets can be provided on-site.

Demonstration of the application of the avoidance hierarchy (avoid, minimise, mitigate principles) in relation to native vegetation on site.

Subdivision An application to subdivide land must be accompanied by the following information as appropriate:  A site analysis, documenting the site in terms of land form, vegetation coverage and the relationship with surrounding land, and a written statement explaining how the proposal responds to the site analysis.  A site plan (drawn to scale) including but not limited to: 

Contours of the land.

Dimensioned building envelope with setbacks to all boundaries.

Dimensioned effluent envelope, as appropriate, with setbacks to all boundaries.

The setbacks of existing buildings to all boundaries.

The location, extent, and type of vegetation on the subject land.

The location, gradient and camber of any existing or proposed vehicle accessways and any associated earthworks.

The location of any existing or proposed easements.

The location, depth and width of proposed underground services and trenches.

 Demonstration that adverse environmental impacts will be avoided, or where they cannot be avoided, minimised, so that the ecological integrity of the area is conserved and protected. This includes avoiding or minimising the likely impact of the proposed subdivision and possible future development of the lots, including impacts resulting from:

5.0 04/05/2017 C113

Removal of native vegetation.

Earthworks.

Changes to the hydrology and drainage pattern.

Measures to be undertaken to minimise environmental impacts during the construction period, including soil conservation and vegetation protection measures, as appropriate.

Decision guidelines Before deciding an application to construct a building, construct or carry out works, remove destroy or lop any native vegetation, or subdivide land the responsible authority must consider:  Demonstration of the avoidance hierarchy.  The impact of the proposal on native vegetation and fauna habitat on site and the immediate locality.  The impact of the proposal on bio links across the landscape.

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 4 OF 12


FRANKSTON PLANNING SCHEME

 The potential to redesign subdivisions, vary lot sizes and alter building and effluent envelopes to ensure better protection of native vegetation.  The results of any arborist report, flora and fauna survey and assessment of the biological values of the land and consideration of whether the survey and assessment has been adequately completed under appropriate seasonal conditions.  Replacement planting to address the loss of native vegetation having regard to the conservation significance of the vegetation, including local and regionally significant vegetation.  Whether offsets can be provided on-site.  Whether the removal of native vegetation including for defendable space has been avoided or minimised having regard to the bushfire risk and other available siting options.  The need to prepare an integrated land management plan that addresses the protection and enhancement of native vegetation and waterways, soil erosion and stabilisation of soil, pest plant and animal control, hydrological changes and revegetation of degraded areas with indigenous plant species.  The guidelines and principles of AS4970-2009 – Protection of Trees on Development Sites. Table 1: Vegetation Communities and Quality for Vegetation Remnants Site no.

Significance

CC

CBW

GW

HTH

HW

RGGW

SCP S

SF

SGW

SSH W

S W

SWP S

WC

1

High Regional *

*

3-4

*

*

*

*

*

3-4

*

*

*

2

2

State

*

*

*

*

*

*

*

*

*

1-2

*

*

*

3

High Regional *

*

2-4

*

*

*

*

*

*

*

*

*

*

4

High Local

*

*

4

*

*

*

*

4

*

*

*

*

*

5

Regional

*

*

2-4

*

*

*

*

*

*

*

2-3 *

*

6

High Local

*

*

*

*

3

*

*

*

*

*

*

*

*

7

Regional

*

*

*

*

2-3

*

*

*

*

*

*

4-5

*

8

Local

*

*

*

*

*

*

*

*

4-5

*

*

*

*

9

High Local

*

4

3-4

*

2-4

*

*

*

4

*

*

*

*

10

High Local

*

*

*

*

*

*

*

3

*

*

*

*

*

11

Local

*

*

*

*

*

*

*

4

*

*

*

*

*

12

High Local

*

*

*

*

2-4

*

*

3-4 *

*

*

3-4

*

13

Local

*

*

*

*

*

*

*

5

*

*

*

*

*

14

Regional

*

*

2-4

*

*

*

*

2-4 *

*

*

*

*

15

Regional

*

*

*

*

2-4

*

*

2-4 3-4

*

*

*

*

16

Local

*

*

*

*

*

*

*

4-5 *

*

*

*

*

17

High Local

*

*

*

*

*

*

*

3

*

*

*

*

*

18

High Local

*

*

*

*

3-4

*

*

*

*

*

*

*

*

19

High Local

*

*

4

*

3-4

*

*

*

*

*

*

*

*

20

High Local

*

*

*

*

2-4

*

*

2-4 *

*

*

*

*

21

High Local

*

*

*

*

3-4

*

*

3-4 *

*

*

*

*

22

Local

*

*

4-5

*

4-5

*

*

*

*

*

*

*

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

*

PAGE 5 OF 12


FRANKSTON PLANNING SCHEME

Site no.

Significance

CC

CBW

GW

HTH

HW

RGGW

SCP S

SF

SGW

SSH W

S W

SWP S

WC

23

Local

*

*

*

*

4

*

*

*

*

*

*

*

*

24

Regional

*

*

*

2

*

*

*

*

*

*

*

*

*

25

High Local

*

*

*

*

3-4

*

*

*

*

*

*

*

*

26

Regional

*

*

*

*

*

*

*

*

*

*

*

*

2

27

High Local

*

*

*

*

*

*

4

4

3-4

*

3-4 *

3

28

Local

*

*

*

*

4

*

*

*

*

*

4

*

29

High Local

*

*

*

*

*

*

*

*

*

*

*

*

3

30

Local

*

*

*

*

4

*

*

*

*

*

*

*

*

31

High Local

*

*

4

*

4

*

*

2-4 *

*

*

*

*

32

State

*

*

2-4

2-3

2-4

*

2-4

*

*

2-3

2-4 3-4

*

33

Local

*

*

*

*

4-5

*

*

*

*

*

*

*

*

34

Not Used

*

*

*

*

*

*

*

*

*

*

*

*

*

35

Not Used

*

*

*

*

*

*

*

*

*

*

*

*

*

36

Regional

*

4

*

*

4

*

*

*

*

*

*

4

*

37

Regional

3-4

4

*

*

*

*

*

*

*

*

*

*

*

38

High Local

*

4

*

*

*

*

*

*

*

*

*

4

*

39

Local

*

5

*

*

*

*

*

*

*

*

*

4-5

*

40

Local

4-5

5

*

*

*

*

*

*

*

*

*

*

*

41

Regional

3-4

4

*

*

*

*

*

*

*

*

*

*

*

42

Regional

*

4

*

*

4

*

*

*

*

*

*

4

*

43

Regional

*

*

*

*

3

*

*

*

*

*

*

*

3-5

44

High Local

*

*

*

*

3

4

*

*

*

*

*

*

*

45

Regional

*

*

*

*

4-5

*

*

*

*

*

*

4-5

*

46

Local

*

*

*

2-4

2-5

*

*

*

2-4

*

*

*

*

47

Regional

*

*

*

*

5

*

*

*

*

*

*

*

*

48

Local

*

*

*

2-4

3-5

*

*

*

*

*

*

*

*

49

High Local

*

*

*

2-4

3-5

*

*

*

*

*

*

*

*

50

Not Used

*

*

*

*

*

*

*

*

*

*

*

*

*

51

Local

*

*

*

*

4-5

*

*

*

*

*

*

*

*

52

Local

*

*

*

*

4

*

*

*

*

*

*

*

*

53

Local

*

*

*

*

4-5

*

*

*

*

*

*

*

*

54

Local

*

*

*

*

4

*

*

*

*

*

*

*

*

54

Local

*

*

*

*

4

*

*

*

*

*

*

*

*

55

Local

*

*

*

*

4

*

*

*

*

*

*

*

*

56

High Local

*

*

*

*

3-4

*

*

*

*

*

*

*

*

57

High Local

*

*

4

*

3-4

*

*

*

*

*

*

*

*

58

Regional

*

*

*

*

3-4

*

2-3

*

*

*

*

*

2-3

59

High Local

*

*

*

*

4

*

*

*

*

*

*

4

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 6 OF 12


FRANKSTON PLANNING SCHEME

Site no.

Significance

CC

CBW

GW

HTH

HW

RGGW

SCP S

SF

SGW

SSH W

S W

SWP S

WC

60

State

*

*

*

1-3

2-4

*

2-4

*

2-4

*

2-4 2-4

2-4

61

Regional

*

*

*

*

*

*

*

*

*

*

*

3-4

*

62

State

*

*

*

2-4

2-4

*

*

*

3

*

*

*

*

63

Regional

*

*

*

*

3

*

*

*

*

*

*

3

*

64

Regional

*

*

*

*

2-4

*

*

*

*

*

*

*

*

65

Regional

*

*

*

*

3-4

*

*

*

*

*

*

3-4

*

66

Regional

*

*

*

*

3

*

*

*

*

*

*

4

*

67

High Local

*

*

*

3-4

3-4

*

3

*

*

*

*

3

*

68

High Local

*

*

*

*

4

*

*

*

4

*

*

3

*

69

High Local

*

*

*

*

1

*

2

*

*

*

*

*

*

70

High Regional *

*

*

*

4

*

*

*

4

*

*

4

*

71

High Local

*

*

*

*

2-4

*

*

*

*

*

*

3

*

72

Regional

*

*

*

*

3

*

*

*

*

*

4

*

*

73

High Local

*

*

*

2-3

2-3

*

*

*

3-4

*

*

3-4

*

74

Regional

*

*

*

2-3

2-3

*

*

*

3-4

*

4

3-4

*

75

High Local

*

*

*

*

3-4

*

*

*

4

*

3-4 3

*

76

Regional

*

*

*

*

3-4

*

*

*

4

*

4

3-4

*

77

High Regional *

*

*

*

1-3

*

2-4

*

2-4

*

*

2-4

*

78

Local

*

*

*

*

4

*

*

*

*

*

*

*

*

79

Local

*

*

*

*

4

*

*

*

*

*

*

*

*

80

High Local

*

*

*

*

4

*

*

*

*

*

*

4

*

81

High Local

*

*

*

*

3-4

*

*

*

*

*

4

*

*

82

Regional

*

*

*

*

3-4

*

*

*

*

*

2-3 *

*

83

High Local

*

*

*

*

*

*

*

*

4

3-4 *

*

84

Regional

*

*

*

*

*

*

*

*

*

*

1-3 *

*

85

Regional

*

*

3-4

*

3-4

*

*

*

*

*

2-3 *

*

86

Regional

*

*

3-4

*

3-4

*

*

*

*

*

*

*

*

87

Regional

*

*

3-5

*

3-5

*

*

*

*

*

*

*

*

88

High Local

*

*

3-4

*

*

*

4

3

*

*

*

*

*

89

High Local

*

*

*

*

2-4

*

*

*

*

*

2-4 *

*

90

High Local

*

*

4-5

*

4-5

*

*

*

*

*

*

*

*

91

Regional

*

*

*

*

2-4

*

3-4

*

*

*

3-4 *

*

92

Local

*

*

*

*

*

*

*

*

*

*

4

*

*

93

High Local

*

*

*

*

*

*

*

*

*

*

4

*

*

94

High Local

*

*

*

*

*

*

*

*

*

*

4

*

*

95

Regional

*

*

*

*

*

*

*

*

*

*

3-4 *

*

96

High Local

*

*

*

*

*

*

*

*

*

*

3-4 *

*

97

Regional

*

*

*

*

*

*

*

*

*

*

3-4 *

*

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 7 OF 12


FRANKSTON PLANNING SCHEME

Site no.

Significance

CC

CBW

GW

HTH

HW

RGGW

SCP S

SF

SGW

SSH W

S W

SWP S

WC

98

High Local

*

*

*

*

*

*

*

*

*

*

3-4 *

*

99

Regional

*

*

*

*

*

*

*

*

*

*

3-4 *

*

100

Local

*

*

*

*

*

*

*

*

*

*

4-5 *

*

101

Regional

*

*

*

*

1-3

*

*

*

*

*

1-3 *

*

102

Regional

*

*

*

2-3

2-4

*

2-3

*

*

*

2-4 *

*

103

High Local

*

*

*

*

3-5

*

*

*

*

*

4-5 *

*

104

Regional

*

*

*

*

*

*

2-3

*

2-3

*

3

3-4

*

105

High Local

*

*

*

*

*

*

*

*

*

*

4

*

*

106

High Local

*

*

*

*

2-5

*

*

*

*

*

3-5 *

*

107

Regional

*

*

*

*

*

*

*

*

3

*

*

*

*

108

Regional

*

*

*

*

*

*

*

*

3

*

*

*

*

109

High Local

*

*

*

*

*

*

*

*

4

*

3-4 *

*

110

High Local

*

*

*

*

3-4

*

*

*

4

*

4

4

*

111

High Local

*

*

*

*

3-4

*

*

*

*

*

*

*

*

112

High Local

*

*

*

*

*

*

*

4-5 4

*

*

*

*

113

High Local

*

*

*

*

*

*

*

*

4

*

*

*

*

114

High Local

*

*

*

*

*

*

*

*

4-5

*

*

4-5

*

115

High Local

*

*

*

*

*

*

*

3-5 *

*

4-5 *

*

116

High Local

*

*

*

*

3-4

*

*

*

*

*

*

3-4

*

117

High Local

*

*

*

*

3

*

*

*

*

*

*

4

*

118

High Regional *

*

*

2

2-4

*

*

*

2-4

*

2-3 3-4

*

119

Local

*

*

*

*

4

*

*

4

*

*

*

*

*

120

High Local

*

*

*

*

*

*

*

*

4

*

4

*

*

121

High Local

*

*

*

*

*

*

*

*

*

*

3

*

*

122

Local

3-5

*

*

*

*

*

*

*

*

*

*

*

*

123

Regional

*

*

2-5

*

*

*

*

*

*

*

*

*

*

124

High Local

*

*

*

*

*

*

*

*

*

*

*

*

3-5

125

High Local

*

*

3-5

*

3-5

*

*

*

*

*

*

*

*

126

Regional

*

*

*

*

1-3

*

*

*

2-4

*

*

3

*

127

High Local

*

*

*

*

*

*

*

3-4 *

*

*

*

*

128

High Local

*

4-5

*

*

*

*

*

*

*

*

*

*

*

129

Local

4-5

*

*

*

*

*

*

*

*

*

*

*

*

130

Regional

*

*

2-4

*

*

*

*

*

*

*

*

*

*

Vegetation Communities CC

Coastal Complex

CBW

Coast Banksia Woodland

GW

Grassy Woodland Complex

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 8 OF 12


FRANKSTON PLANNING SCHEME

HTH

Heath Tea-tree Heath

HW

Heath Woodland Complex

RGGW

River Red Gum Grassy Woodland

ScPS

Scented Paperbark Scrub

SF

Sclerophyll Forest

SGW

Swamp Gum Woodland

SSHW

Scrub Sheoke Heath

SW

Sclerophyll Woodland

SwPS

Swamp Paperbark Scrub

WC

Wetland Complex

Vegetation Quality Ratings  Vegetation structurally and floristically intact or almost so; weed invasions minimal or weeds absent; disturbance minimal or absent.  Vegetation structurally and floristically substantially intact; low levels of weed invasion; low levels of disturbance.  Vegetation partially intact structurally and/or floristically; moderate levels of weed invasion: woody vegetation intact and herbaceous vegetation greater than 50% cover; moderate levels of disturbance.  Vegetation comprised of less than 50% cover of indigenous species and/or with much reduced species richness; in the case of woody vegetation the upper strata may provide moderate to high cover but field layer substantially exotic or only scattered over storey remnants but moderately dense understorey and/or field layer; high levels of disturbance.  Vegetation grossly modified with scattered to rare dominants of upper strata only persisting; very high cover of weeds; current or former levels of disturbance high or very high.

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 9 OF 12


FRANKSTON PLANNING SCHEME

Table 2 Note:

Major Environmental Weed Species

Generally, woody species (trees and shrubs) have been included on this list along with the most serious herbaceous species. Species

Common name

Acacia baileyana

Cootamundra Wattle

Acacia elata

Cedar Wattle

Acacia floribunda

White Sallow Wattle

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 10 OF 12


FRANKSTON PLANNING SCHEME

Species

Common name

Acacia longifolia subsp. longifolia

Sallow Wattle

Acacia longifolia subsp. sophorae

Coastal Wattle

Agapanthus praecox ssp. orientalis

Agapanthus

Asparagus asparagoides

Bridal Creeper

Asparagus scandens

Asparagus fern

Calycotoma spinosa

Spiny Broom

Buddleia dysophyllus

Buddleia

C

Chrysanthemoides monilifera ssp. monilifera

Boneseed

C

Cirsium vulgare

Spear Thistle

Coprosma repens

Mirror-bush

Coprosma robusta

Large Coprosma

Cortaderia jubata/selloana

Pampas Grass

Cotoneaster sp.

Cotoneaster

Crataegus monogyna

Hawthorn

Crocosmia x crocosmiflora

Montbretia

Cytisus palmensis

Tree Lucerne

Cytisus scoparius

English Broom

Delairea odorata

Cape Ivy

Dipogon lignosus

Dolichos Pea

Echium plantagineum

Patersonâ&#x20AC;&#x2122;s Curse

Erica baccans

Berry-flower Heath

Erica lusitanica

Spanish Heath

Foeniculum vulgare

Fennel

Fraxinus angustifolia ssp. angustifolia

Desert Ash

C

Genista linifolia

Flax-leaf Broom

C

Genista monspessulana

Montpellier Broom

Genista (garden hybrid)

Garden Broom

Gladiolus tristis

Evening-flower Gladiolus

Gladiolus undulatus

Wild Gladiolus

Hakea salicifolia

Willow-leaf Hakea

Hakea suaveolens

Sweet Hakea

Hedera helix

Ivy

Ipomoea indica

Morning-glory

Leptospermum laevigatum

Coast Tea-tree

Leucanthemum vulgare

Ox-eye Daisy

Ligustrum lucidum

Large-leaf Privet

Lonicera japonica

Japanese Honeysuckle

Lycium ferocissimum

African Box-thorn

Malus domestica

Domestic Apple

+

C

C

C

C

C

+

C

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 11 OF 12


FRANKSTON PLANNING SCHEME

Species

Common name

Marrubium vulgare

Horehound

Melaleuca armillaris

Bracelet Honey-myrtle

Myrsiphyllum scandens

Asparagus

Olea europaea ssp. Africana

African Olive

Paraserianthes lophantha subsp. lophantha

Cape Wattle

Phytolacca octandra

Ink Weed

Pinus pinaster

Maritime Pine

Pinus radiata

Monterey Pine

Pittosporum undulatum

Sweet Pittosporum

Polygala myrtifolia

Myrtle-leaf Milkwort

Prunus cerasifera

Cherry Plum

Pyracantha angustifolia

Narrow-leaf Firethorn

Pyracantha crenulata

Firethorn

Rhamnus alaternus

Italian Buckthorn

C

Rosa rubiginosa

Sweet Briar

C

Rubus fruticosus

Blackberry

Rumex sagitatus

Climbing Dock

Salix spp.

Willows

Senecio angulatus

Climbing Groundsel

Senecio jacobaea

Ragwort

Solanum mauritianum

Nightshade

Sollya heterophylla

Bluebell Creeper

Tradescantia fluminensis

Wandering Tradescantia

Ulex europaeus

Gorse

Vinca major

Blue Periwinkle

Watsonia meriana cv. ‘Bulbillifera’

Bulbil Watsonia

Zantedeschia aethiopica

White Arum Lily

P

C

C

+ Ecologically ‘out-of-balance' indigenous species which are natural members of Coastal Complex, but which are weedy outside the coastal context. C Denotes regionally controlled weeds under the Catchment and Land Protection Act 1994. P Denotes regionally prohibited weeds under the Catchment and Land Protection Act 1994.

ENVIRONMENTAL SIGNIFICANCE OVERLAY - SCHEDULE 1

PAGE 12 OF 12


44.04 31/07/2018 VC148

LAND SUBJECT TO INUNDATION OVERLAY Shown on the planning scheme map as LSIO with a number (if shown). Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework. To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any other area determined by the floodplain management authority. To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a declaration has been made. To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria). To ensure that development maintains or improves river and wetland health, waterway protection and flood plain health. 44.04-1 31/07/2018 VC148

Land subject to inunadation objectives and statement of risk A schedule to this overlay may contain: Land subject to inundation management objectives to be achieved. A statement of risk.

44.04-2 31/07/2018 VC148

Buildings and works A permit is required to construct a building or to construct or carry out works, including: A fence. Roadworks, if the water flow path is redirected or obstructed. Bicycle pathways and trails. Public toilets. A domestic swimming pool or spa and associated mechanical and safety equipment if associated with one dwelling on a lot. Rainwater tank with a capacity of not more than 10,000 litres. A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level. A non-domestic disabled access ramp. A dependent personâ&#x20AC;&#x2122;s unit. This does not apply: If a schedule to this overlay specifically states that a permit is not required. To flood mitigation works carried out by the responsible authority or floodplain management authority.

Page 1 of 3


To the following works in accordance with plans prepared to the satisfaction of the responsible authority: –

The laying of underground sewerage, water and gas mains, oil pipelines, underground telephone lines and underground power lines provided they do not alter the topography of the land. The erection of telephone or power lines provided they do not involve the construction of towers or poles.

To post and wire and post and rail fencing. 44.04-3 31/07/2018 VC148

44.04-4 31/07/2018 VC148

44.04-5 31/07/2018 VC148

44.04-6 31/07/2018 VC148

44.04-7 31/07/2018 VC148

44.04-8 31/07/2018 VC148

Subdivision A permit is required to subdivide land. Application requirements An application must be accompanied by any information specified in a schedule to this overlay. Local floodplain development plan If a local floodplain development plan has been developed for the area and has been incorporated into this scheme, an application must be consistent with the plan. Exemption from notice and review An application under this overlay is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. Referral of applications An application must be referred to the relevant floodplain management authority under Section 55 of the Act unless in the opinion of the responsible authority, the proposal satisfies requirements or conditions previously agreed in writing between the responsible authority and the floodplain management authority. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The Municipal Planning Strategy and the Planning Policy Framework . Any local floodplain development plan. Any comments from the relevant floodplain management authority. The existing use and development of the land. Whether the proposed use or development could be located on flood-free land or land with a lesser flood hazard outside this overlay. The susceptibility of the development to flooding and flood damage. The potential flood risk to life, health and safety associated with the development. Flood risk factors to consider include: –

The frequency, duration, extent, depth and velocity of flooding of the site and accessway.

The flood warning time available.

Page 2 of 3


â&#x20AC;&#x201C;

The danger to the occupants of the development, other floodplain residents and emergency personnel if the site or accessway is flooded.

The effect of the development on redirecting or obstructing floodwater, stormwater or drainage water and the effect of the development on reducing flood storage and increasing flood levels and flow velocities. The effect of the development on river health values including wetlands, natural habitat, stream stability, erosion, environmental flows, water quality and sites of scientific significance. Any other matters specified in a schedule to this overlay.

Page 3 of 3


45.09 31/07/2018 VC148

PARKING OVERLAY Shown on the planning scheme map as PO with a number. Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework. To facilitate an appropriate provision of car parking spaces in an area. To identify areas and uses where local car parking rates apply. To identify areas where financial contributions are to be made for the provision of shared car parking. 45.09-1 19/04/2013 VC95

Operation This overlay operates in conjunction with Clause 52.06. A schedule to this overlay may: Vary the requirements of Clause 52.06 as allowed by this overlay. Specify additional requirements to the requirements of Clause 52.06 as allowed by this overlay. Specify requirements for the provision of a financial contribution as a way of meeting the car parking requirements of Clause 52.06 or this overlay.

45.09-2 19/04/2013 VC95

45.09-3 25/05/2017 VC133

Parking objectives A schedule to this overlay must specify the parking objectives to be achieved for the area affected by the schedule. Permit requirement A schedule to this overlay may specify that: The exemption from the requirement for a permit in Clause 52.06-3 does not apply. If the exemption does not apply, a permit is required for any of the matters set out in Clause 52.06-3. A permit must not be granted to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or this overlay. A permit must not be granted to provide some or all of the car parking spaces required under Clause 52.06-5 or this overlay on another site. A permit must not be granted to provide more than the maximum parking provision specified in a schedule to this overlay. A permit is not required under Clause 52.06-3.

45.09-4 19/04/2013 VC95

Number of car parking spaces required A schedule to this overlay may: Vary the car parking rate and measure for any use listed in Table 1 of Clause 52.06-5. Specify the car parking requirements for any use of land not listed in Table 1 of Clause 52.06-5. Specify maximum and minimum car parking requirements for any use of land. For any use listed in Table 1 of Clause 52.06-5, apply Column B in the Table to that use.

45.09-5 25/05/2017 VC133

Application requirements and decision guidelines for permit applications Before deciding on an application under Clause 52.06-3, in addition to the relevant decision guidelines in Clause 52.06-7, the responsible authority must consider, as appropriate: Page 1 of 2


The parking objectives of the relevant schedule to this overlay. Any application requirements and decision guidelines specified in a schedule to this overlay. 45.09-6 19/04/2013 VC95

Financial contribution requirement A schedule to this overlay may allow a responsible authority to collect a financial contribution in accordance with the schedule as a way of meeting the car parking requirements that apply under this overlay or Clause 52.06. A schedule must specify: The area to which the provisions allowing the collection of financial contributions applies. The amount of the contribution that may be collected in lieu of each car parking space that is not provided, including any indexation of that amount. When any contribution must be paid. The purposes for which the responsible authority must use the funds collected under the schedule. Such purposes must be consistent with the objectives in section 4 of the Act.

45.09-7 25/05/2017 VC133

45.09-8 25/05/2017 VC133

Requirements for a car parking plan A schedule to this overlay may specify additional matters that must be shown on plans prepared under Clause 52.06-8. Design standards for car parking A schedule to this overlay may specify: Additional design standards. Other requirements for the design and management of car parking. Plans prepared in accordance with Clause 52.06-8 must meet any design standards and requirements specified in a schedule to this overlay.

45.09-9 25/05/2017 VC133

Decision guidelines for car parking plans Before deciding whether a plan prepared under Clause 52.06-8 is satisfactory, in addition to the decision guidelines in Clause 52.06-10, the responsible authority must consider, as appropriate, any other matter specified in a schedule to this overlay.

Page 2 of 2


FRANKSTON PLANNING SCHEME

22/11/2018 C111

SCHEDULE 1 TO THE PARKING OVERLAY Shown on the planning scheme map as PO1. FRANKSTON METROPOLITAN ACTIVITY Centre

1.0

Parking objectives to be achieved

22/11/2018 C111

To improve car parking provision in the Frankston Metropolitan Activity Centre.

To reduce the demand for new car parking provision by maintaining and improving existing car parking within the centre.

To consolidate car parking into large, well located, easily accessible and locatable facilities where possible.

To provide for the collection of financial contributions towards the construction of shared car parking facilities.

2.0

Permit requirement

22/11/2018 C111

None specified.

3.0

Number of car parking spaces required

22/11/2018 C111

If a use is specified in the Table below, the number of car parking spaces required for the use is calculated by multiplying the Rate specified for the use by the accompanying Measure. Table 1: Car parking spaces Use

Rate

Measure

Food and Drink Premises

3

Car spaces to each 100 square metres of leasable floor area

Residential Building other than residential aged care facility as listed in Table 1 of Clause 52.06-5

0.3

Car spaces to each bedroom.

Shop (other than Restricted retail) as listed in Table 1 of Clause 52.06-5

3

Car spaces to each 100 square metres of leasable floor area

For all other uses listed in Table 1 of Clause 52.06-5, the Rate in Column B of Table 1 in Clause 52.06-5 applies. 4.0 22/11/2018 C111

5.0 22/11/2018 C111

Application requirements and decision guidelines for permit applications None specified Financial contribution requirement Within the Frankston Metropolitan Activity Centre area defined in Figure 1: FMAC Parking Precinct Plan Map in this schedule, the responsible authority may consider accepting a financial contribution in-lieu of one or more car parking spaces required under this Clause 45.09 and/or Clause 52.06, provided the following criteria are met, to the satisfaction of the responsible authority: i.

The applicant demonstrates that the car parking requirement cannot be practically provided on-site or reasonably nearby;

OVERLAYS – CLAUSE 45.09 – SCHEDULE 1

PAGE 1 OF 3


FRANKSTON PLANNING SCHEME

ii.

The number of car parking spaces to be provided on-site is low, and is not considered to achieve the objective of consolidating car parking into large, well located, easily accessible and locatable facilities; and

iii.

The applicant agrees, under Section 173 of the Planning & Environment Act 1987, to the financial contribution being applied to the provision of public shared parking, at any site in or adjacent to the Frankston Metropolitan Activity Centre Area, as determined by the responsible authority.

The financial contribution rate is $19,500 (plus GST) for each car space. The amount of contribution for each space specified above will be adjusted by the responsible authority on 1 July each year, commencing from 1 July 2017, by applying the Building Price Index, Melbourne, in Rawlinsons Australian Construction Handbook. If that index is unavailable, an equivalent index will be applied by the responsible authority. The financial contributions specified above must be made before the use or development commences unless a permit condition allows payments by instalments under the Section 173 agreement provisions of the Planning and Environment Act 1987. This agreement may provide for the payment of the contribution in instalments plus an interest component equivalent to the interest payable on unpaid rates and charges under the Local Government Act 1989 and it must provide that all instalments and accrued interest are paid within 5 years of the first instalment. Until the responsible authority is paid the financial contribution, the permit must contain one of the following two conditions: Prior to the commencement of the use or development allowed under this permit a payment of $19,500 excl GST (indexed annually by applying the Building Price Index, Melbourne, in Rawlinsons Australian Construction Handbook) must be paid to the responsible authority for each car parking space required, but not provided on the land. Or alternatively: Prior to the commencement of the use or development allowed under this permit, the owner of the land must enter into an agreement under Section 173 of the Planning and Environment Act 1987 with the responsible authority in which the owner agrees to a payment of $19,500 excl GST (indexed annually by applying the Building Price Index, Melbourne, in Rawlinsons Australian Construction Handbook) for each car parking space required, but not provided on the land. The agreement may provide for the payment of the contribution in instalments, plus an interest component equivalent to the interest payable on unpaid rates and charges under the Local Government Act 1989 and it must provide that all instalments and accrued interest are paid within 5 years of the first instalment. All funds collected by the responsible authority must be utilised on public parking projects within the Frankston Metropolitan Activity Centre or adjacent to the Frankston Metropolitan Activity City Centre in accordance with the Frankston Metropolitan Parking Precinct Plan, including (where appropriate) multi storey facilities. 6.0 22/11/2018 C111

7.0 22/11/2018 C111

8.0 22/11/2018 C111

9.0 22/11/2018 C111

Requirements for a car parking plan None specified. Design standards for car parking None specified. Decision guidelines for car parking plans None specified. Reference document Frankston Metropolitan Activity Centre Parking Precinct Plan 2016 (Frankston City Council).

OVERLAYS â&#x20AC;&#x201C; CLAUSE 45.09 â&#x20AC;&#x201C; SCHEDULE 1

PAGE 2 OF 3


FRANKSTON PLANNING SCHEME

Note: Occupiers of any dwellings approved by permit subject to the provisions of this schedule may not be eligible for Resident Priority Parking Permits. Figure 1: FMAC Parking Precinct Plan Map

OVERLAYS – CLAUSE 45.09 – SCHEDULE 1

PAGE 3 OF 3

Profile for CVA Property Consultants

Information Memorandum- 366-368 Nepean Highway, Frankston  

Information Memorandum- 366-368 Nepean Highway, Frankston