Information Memorandum - 423-427 Bay Street, Brighton

01 POINT OF INTEREST

423 - 427 BAY STREET, BRIGHTON.

BUILDING AREA

LAND AREA

575 sqm*

706 sqm*

ZONING Commercial 1 Zone (C1Z)

RENT

TENANCY

$203,657.23 per annum

Five leases comprising three retail, one residential, and one rear studio

METHOD OF SALE Private Sale

SALE TERMS

10% deposit, balance 60/90 days

02 POINT OF VIEW

“This is not just an iconic retail asset in the heart of Brighton, this has the ability to be one of Brighton’s best development sites in just two years time.”

TIM COONEY SENIOR SALES & LEASING EXECUTIVE

Some invest in property to see the worth increase alongside the suburb. Here, Brighton’s reputable affluence means you can skip those ten years and reap the benefits now.

Returning $203,657.23 per annum of passing rent with significant uplift potential

Four Titles selling as one asset

Five leases comprising three retail, one residential, and one rear studio

575 sqm* building area

706 sqm* land area

Commercial 1 zoning

Strong mixed-use development potential

On site car parking

400 m* from North Brighton railway station

10.8 km* from Melbourne CBD

03 PROPERTY FEATURES

A significant piece of Brighton’s commercial history is now on the market, with four separate Titles selling as one brilliant asset. Sitting on 706 sqm* of land, invest in heritage Victorian terraces built between 1896 and 1898 — with a total building area of 575 sqm*.

There are five leases currently running: three retail, one residential, and one rear studio, all amounting to five completely diverse streams of income. All tenants have varying leases up to December 2026, providing a clever opportunity for the astute investor to hold and extend the current agreements with the ability to increase the rents to meet the current market levels. Or pocket the income over the next two years and develop the site into a four or five-level plus basement, mixed-use building — a fitting neighbourhood addition with the new premier mixed-use developments adjacent to this site.

04 LOCATION

ALL SIGNS POINT TO: BAY STREET. AND THE POINT?

Bay Street is one of Melbourne’s most revered high streets, with the Coles across the road and the bus stop on your doorstep. The Nepean Highway will take you into the CBD in under half an hour, while North Brighton railway station is 400 m* away and makes the same journey in only 35 minutes.

With it’s prestigious private schools, high-end retail shopping strips, proximity to the world’s most exclusive golf courses and, of course, Brighton Beach where owning a beach box is more difficult than climbing Mount Everest - Brighton is the destination for the who’s who of Australia.

Buy into Brighton’s Legacy

With 20.7 m* of frontage to Bay Street, on site car parking, and multiple income streams — your portfolio will never see another asset with these inclusions situated within such a coveted location.

Brighton Bay

05 SUBURB PROFILE

ON THE MAP: BRIGHTON.

Brighton Land Area is 8.38 sqm*

Brighton is bounded by Head Street, St Kilda Street and Glen Huntly Road in the north, the Nepean Highway and Hampton Street in the east, South Road and New Street in the south, and the Port Phillip Bay foreshore in the west.

Brighton is located 11 km south of the CBD. Brighton is defined by the Nepean Highway in the east and Port Phillip Bay in the west. Brighton is one of Melbourne’s earliest established suburbs and is well known for the iconic Bathing Boxes found along Dendy Street Beach.

Recent facts show that the median age for home occupiers is 45 years and the median household size is 2.5 people. The average number of bedrooms per occupied private dwelling is 3.1. 57.5% occupy a separate house in this suburb and 22.4% are semidetached, 19.1% are a flat or apartment with 0.5% being an other dwelling.

POPULATION

BETWEEN 15-65

65

06 PROPERTY PARTICULARS

PRINCIPLE OUTGOINGS

Council rates: $9,825 per annum*

Water rates: $2,259 per annum*

Insurance: TBC

Land tax: $21,510 per annum*

SITE DETAILS

TITLE PARTICULARS (4 TITLES)

ZONING

PLANNING OVERLAYS

Frontage to Bay Street: 20.7 metres*

Building Area: 575 sqm*

Land Area: 706 sqm*

423 Bay Street, Brighton

Title - Volume 04170 Folio 837 Lot 1 on Title Plan 711200Q.

423 Bay Street, Brighton - Laneway

Title - Volume 11114 Folio 571 Lot 1 on Title Plan 943016M.

425 Bay Street, Brighton

Title - Volume 04355 Folio 962 Lot 1 on Title Plan 706510D.

427 Bay Street, Brighton

Title — Volume 04355 Folio 963 Lot 1 on Title Plan 340215S.

Commercial 1 Zone (C1Z)

Development Contributions Plan Overlay - Schedule 1 (DCPO1)

Development and Design Overlay — Schedule 10 (DDO10)

Heritage Overlay - Schedule (HO54 & HO747)

07 TENANCY DETAILS

423 BAY STREET

TENANT Superrich 1956 Pty Ltd T/A Bantatthong Thai Restaurant

CURRENT RENTAL

$70,000 plus GST & outgoings

LEASE TERM Three (3) Years

FURTHER TERM Nil

COMMENCEMENT DATE 1 August 2018

RENTAL REVIEWS 3% annual increases

A 5-star restaurant serving authentic Thai cuisine and committed to using only the freshest ingrediants.

@bantatthong_brighton www.bantathong.com.au

423 BAY STREET

07 TENANCY DETAILS

SHOP, 425 BAY STREET

TENANT ABLX Family Trust & CIP Projects Trust

CURRENT RENTAL

$41,200 p.a. + GST & outgoings

LEASE TERM One (1) year

FURTHER TERM Nil

COMMENCEMENT DATE 15 December 2023

RENTAL REVIEWS NA

425 Bay Street comprises 60* sqm and is currently used as a Display Suite of Loller Street apartments.

www.lollerstreet.com.au

07 TENANCY DETAILS

SHOP, 425 BAY STREET

07 TENANCY DETAILS

REAR RESIDENCE, 425 BAY STREET

TENANT S. Otten

CURRENT RENTAL

$29,724 p.a. ($571 per week)

LEASE TERM Two (2) years

FURTHER TERM Nil

COMMENCEMENT DATE 9 December 2022

RENTAL REVIEWS N/A

LEASE TERM Five (5) years

FURTHER TERM Nil COMMENCEMENT DATE 1 December 2021 RENTAL REVIEWS CPI

@dame.salon.brighton

www.damesalon.com.au

427 BAY STREET

07 TENANCY DETAILS

REAR STUDIO, 427 BAY STREET

TENANT D. Shannon

CURRENT RENTAL $4,152 p.a. + GST

LEASE TERM Monthly

FURTHER TERM Nil

COMMENCEMENT DATE N/A

RENTAL REVIEWS N/A

08 TENANCY SUMMARY

09 RECENT NEIGHBOURING DEVELOPMENTS

The “top end” of Bay Street has seen a significant amount of change and development in recent years. Instigated by the new mixed use development with Coles as the anchor tenant at 380 Bay Street, there have been a handful of premium mixed use developments on the northern side of Bay Street – all within 50 metres* of 423-427 Bay Street.

429-431 BAY STREET

4 level plus basement mixed use development including retail, offices and high end apartments totalling 23 suites completed in December 2022.

437 BAY STREET

4 level mixed use development including retail and high end apartments totalling 22 suites completed in November 2018.

447 BAY STREET

4 level mixed use development including retail and high end apartments totalling 18 suites completed in late 2023.

1A & 1B Hillcrest Avenue

3 level mixed-use development completed in August 2022.

10 SALE EVIDENCE

GROUND FLOOR, 422 NEW STREET, BRIGHTON

Building Area: 424 sqm* Rate: $9,288 per sqm*

Sale Price: $3,938,000 Yield: 5.1%

Tenancy: Tenanted

Zoning: Commercial 1 Zone

35

Building Area: 288 sqm* Rate: $24,876 per sqm*

Land Area: 288 sqm*

Sale Price: $7,150,000 Yield: 3.5%

Tenancy: Tenanted Zoning: Commercial 1 Zone

GROUND FLOOR, 447 BAY STREET, BRIGHTON

Building Area: 218 sqm* Rate: $7,798 per sqm*

Sale Price: $1,700,000 Yield: 5.2%

Tenancy: Tenanted

Zoning: Commercial 1 Zone

23-27 CHURCH STREET, BRIGHTON

Building Area: 400 sqm* Rate: $24,875 per sqm*

Land Area: 552 sqm*

Sale Price: $9,950,000 Yield: 3.59%

Tenancy: Tenanted Zoning: Commercial 1 Zone

CHURCH STREET, BRIGHTON

10 SALE EVIDENCE

336

Building Area: 58 sqm* Rate: $18,706 per sqm*

Land Area: 87 sqm*

Sale Price: $1,085,000 Yield: 4.06%

Tenancy: Tenanted Zoning: Commercial 1 Zone

407

Building Area: 248 sqm* Rate: $7,420 per sqm*

Sale Price: $1,840,000 Yield: 3.31%

Tenancy: Tenanted

Zoning: Commercial 1 Zone

311

Building Area: 326 sqm* Rate: $11,687 per sqm*

Land Area: 408 sqm

Sale Price: $3,810,000 Yield: 2.44%

Tenancy: Tenanted Zoning: Commercial 1 Zone

53

Building Area: 180 sqm* Rate: $33,889 per sqm*

Land Area: 249 sqm*

Sale Price: $6,100,000

Tenancy: Vacant Zoning: Commercial 1 Zone

BAY STREET, BRIGHTON

BAY STREET, BRIGHTON

BAY STREET, BRIGHTON

CHURCH STREET, BRIGHTON

10 SALE EVIDENCE

51

Building Area: 112 sqm* Rate: $39,732 per sqm*

Land Area: 227 sqm*

Sale Price: $4,450,000 Yield: 3.20%

Zoning: Commercial 1 Zone

28 CARPENTER STREET, BRIGHTON

Building Area: 504 sqm* Rate: $16,609 per sqm*

Land Area: 589 sqm

Sale Price: $8,371,000 Yield: 3.08%

Zoning: Commercial 1 Zone

387 BAY STREET, BRIGHTON

Building Area: 349 sqm* Rate: $5,874 per sqm*

Sale Price: $2,050,000 Yield: 3.90%

Tenancy: Tenanted

Zoning: Commercial 1 Zone

199-215 NEW STREET, BRIGHTON

Land Area: 4,670 sqm* Rate: $4,850 per sqm*

Sale Price: $22,650,000

Tenancy: Vacant Posession

Zoning: Commercial 1 Zone

CHURCH STREET, BRIGHTON

11 CONTACT DETAILS

SENIOR PROPERTY EXECUTIVE - SOUTHERN REGION

POINT OF INTEREST:

After five years spent working in commercial real estate in London, Tim is home in 2021. Melbourne born and bred with more than 5 years’ experience locally, there aren’t many who are better suited to this business. Diligent. Proactive. An honest communicator. Tim knows it’s in the face-to-face where deals are won and lost for all parties. Because of this, he takes great care in building rapport and learning the long-term strategy of his clients to enable the best advice not just short-term, but for life. Meticulously detailed and across all of the numbers, you’ll be glad you have Tim’s on hand – plus his support across all points of your deal.

POINT OF VIEW:

“An invisible yet integral part to our society, that’s commercial real estate for me. A key-ingredient to all business but one not noticed by the public at large; astute investors and shrewd business owners alike would do well to utilise commercial property that works in line with their business plan and not against it.”

DANIEL PHILIP DIRECTOR - SOUTHERN REGION

M: 0439 977 121

E: daniel.philip@cva.melbourne

POINT OF INTEREST:

An agent that turns first impressions into lasting commitments. Since the early days of his career, Daniel has established a level of service that is defined by in-depth market knowledge, expert advice and responsive communication. Committed to creating value in the commercial real estate opportunities he matches with his clients’ objectives, and the ability to think outside the square. Especially if that extends well beyond Melbourne’s inner-city grid.

POINT OF VIEW:

“Commercial real estate is underpinned by longevity. In the loyal client partnerships we establish and the value we create on a trusted basis, it’s a partnership that starts here, but sees each individual reach their own objectives.”

E: tim.cooney@cva.melbourne

M: 0468 860 737

11 CONTACT DETAILS

HESAN MAZAHERI SENIOR PROPERTY EXECUTIVE – CBD & INNER REGION

E: hesan.mazaheri@cva.melbourne

POINT OF INTEREST:

Hesan’s inquisitive nature, industrious work ethic, and passionate drive are the backbone of his successful career in commercial property. While Hesan joined the CVA team in March 2023, his client-centred approach and deep understanding of the industry have been with him for much longer — call it strong family values and heritage. With an acute ability to tailor solutions and understand his clients’ needs and objectives, Hesan has built more than a network, but rather lasting relationships fostered by clear communication and good faith. It’s an on-going motivation that joins him daily, in a role where no two the same.

POINT OF VIEW:

“In the dynamic world of Melbourne’s commercial property market, sound advice and strategic planning are the keys to successful investment transactions. As an expert in retail and generational assets, I see immense potential for growth and success in this market. With the right insight and guidance, we can maximise what can be achieved.”

FLOOR PLAN

423, 425, & 427 BAY STREET, BRIGHTON

423 BAY STREET, BRIGHTON

425 BAY STREET, BRIGHTON

RETAIL & RESIDENCE

FLOOR PLAN

427 BAY STREET, BRIGHTON

TITLE PLAN

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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 1968 (Cth) 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. None of the State of Victoria, LANDATA®, Secure Electronic Registries Victoria Pty Ltd (ABN 86 627 986 396) as trustee for the Secure Electronic Registries Victoria Trust (ABN 83 206 746 897) accept responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

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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 1968 (Cth) 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. None of the State of Victoria, LANDATA®, Secure Electronic Registries Victoria Pty Ltd (ABN 86 627 986 396) as trustee for the Secure Electronic Registries Victoria Trust (ABN 83 206 746 897) accept responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

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Document Assembled 03/02/2023 10:16

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 1968 (Cth) 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. None of the State of Victoria, LANDATA®, Secure Electronic Registries Victoria Pty Ltd (ABN 86 627 986 396) as trustee for the Secure Electronic Registries Victoria Trust (ABN 83 206 746 897) accept responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®, Secure Electronic Registries Victoria.

Document Type Plan

Document Identification TP340215S

Number of Pages (excluding this cover sheet) 1

Document Assembled 03/02/2023 10:16

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 1968 (Cth) 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. None of the State of Victoria, LANDATA®, Secure Electronic Registries Victoria Pty Ltd (ABN 86 627 986 396) as trustee for the Secure Electronic Registries Victoria Trust (ABN 83 206 746 897) accept responsibility for any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

ZONING & PLANNING OVERLAYS

34.01

31/07/2018

VC148

COMMERCIAL 1 ZONE

Shown on the planning scheme map as B1Z , B2Z , B5Z or C1Z

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

To provide for residential uses at densities complementary to the role and scale of the commercial centre.

Operation

A schedule may apply under this zone to a planning scheme outside of metropolitan Melbourne. That schedule may:

specify the maximum leasable floor area for office

■

■ specify the maximum leasable floor area for shop (other than restricted retail premises).

34.01-1

14/11/2022

VC227

Table of uses

Section 1 - Permit not required

Use

Accommodation (other than Community care accommodation, Corrective institution and Rooming house)

Art and craft centre

Automated collection point

Condition

Any frontage at ground floor level must not exceed 2 metres (other than a bed and breakfast and caretaker's house).

Child care centre

Must meet the requirements of Clause 52.133 and 52.13-5.

The gross floor area of all buildings must not exceed 50 square metres.

Any frontage at ground floor level must not exceed 2 metres and access must not be shared with a dwelling (other than a caretaker's house).

Cinema

Cinema based entertainment facility

Community care accommodation

Any frontage at ground floor level must not exceed 2 metres.

Must meet the requirements of Clause 52.222.

Use

Education centre (other than Child care centre)

Exhibition centre

Home based business

Informal outdoor recreation

Office

Place of worship

Railway

Retail premises (other than Shop)

Rooming house

Shop (other than Adult sex product shop)

Tramway

Any use listed in Clause 62.01

Section 2 - Permit required

Use

Adult sex product shop

Condition

Agriculture (other than Animal production and Apiculture)

Grazing animal production

The leasable floor area for all offices must not exceed any amount specified in the schedule to this zone.

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

Any frontage at ground floor level must not exceed 2 metres.

Must meet the requirements of Clause 52.232.

The leasable floor area for all shops must not exceed any amount specified in the schedule to this zone.

Must meet the requirements of Clause 62.01.

Condition

Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from a residential zone or, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a hospital, primary school or secondary school.

34.01-2

15/07/2013

VC100

Use

Industry (other than Automated collection point)

Leisure and recreation facility (other than Informal outdoor recreation, Major sports and recreation facility and Motor racing track)

Place of assembly (other than Carnival, Cinema, Cinema based entertainment facility, Circus, Exhibition centre and Place of worship)

Utility installation (other than Minor utility installation and Telecommunications facility)

Warehouse

Any other use not in Section 1 or 3

Section 3 - Prohibited

Use

Condition

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

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

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

Animal production (other than Grazing animal production)

Corrective institution

Major sports and recreation facility

Motor racing track

Use of land

A use must not detrimentally affect the amenity of the neighbourhood, including through the:

■ Appearance of any building, works or materials.

■ 34.01-3

31/07/2018

Transport of materials, goods or commodities to or from the land.

■ Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

VC148 Subdivision

A permit is required to subdivide land.

VicSmart applications

Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a

34.01-4 31/07/2018

class of VicSmart application and must be assessed against the provision specified in Column 2.

Class of application

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

■

Information requirements and decision guidelines

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.

■ 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:

■ The subdivision does not create a vacant lot.

■

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

■ Has started lawfully.

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

Clause 59.02

■

Buildings and works

A permit is required to construct a building or construct or carry out works. This does not apply to:

The installation of an automatic teller machine.

■ An alteration to an existing building façade provided:

The alteration does not include the installation of an external roller shutter.

■ An awning that projects over a road if it is authorised by the relevant public land manager.

■

■ At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing.

■ An apartment development must meet the requirements of Clause 58.

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

Construct a building or construct or carry out works with an estimated cost of up to $500,000 where the land is not:

Within 30 metres of land (not a road) which is in a residential zone.

■ Used for a purpose listed in the table to Clause 53.10.

■

■ Used for a Brothel or Adult sex product shop.

Transitional provisions

Clause 58 does not apply to:

Information requirements and decision guidelines

Clause 59.04

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.

■ Maintenance All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority.

34.01-5

16/01/2018

VC142

Neighbourhood and site description and design response

An application for any of the following must be accompanied by a neighbourhood and site description and a design response as described in Clause 54.01 or 55.01, as appropriate:

■ Construction of a dwelling if there is at least one dwelling existing on the lot.

Construction or extension of one dwelling on a lot of less than 300 square metres.

■ Construction of two or more dwellings on a lot.

■ Extension of a dwelling if there are two or more dwellings on the lot.

■ Construction or extension of a dwelling on common property.

■ Construction or extension of a residential building.

■ Clause 34.01-5 does not apply to an apartment development.

Satisfactory neighbourhood and site description before notice and decision

If the responsible authority decides that the neighbourhood and site description is not satisfactory, it may require more information from the applicant under Section 54 of the Act.

The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirements of Clause 54.01 or 55.01 and is satisfactory.

This does not apply if the responsible authority refuses an application under Section 52(1A) of the Act.

34.01-6

01/07/2021

VC203

Application requirements

Use

An application to use land must be accompanied by the following information, as appropriate:

The purpose of the use and the types of activities which will be carried out.

■ The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access and glare.

■ The means of maintaining land not required for immediate use.

■ If an industry or warehouse:

■ Buildings and works

The type and quantity of goods to be stored, processed or produced.

■ Whether a Development Licence, Operating Licence, Permit or Registration 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.

■

■ The likely effects on adjoining land, including air-borne emissions and emissions to land and water.

An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate:

A plan drawn to scale which shows:

■ Adjoining roads.

The boundaries and dimensions of the site.

■ Elevation drawings to scale showing the colour and materials of all buildings and works.

■

■ The location, height and purpose of buildings and works on adjoining land.

■ Relevant ground levels.

■ The layout of existing and proposed buildings and works.

■ All driveway, car parking and loading areas.

■ Proposed landscape areas.

■ All external storage and waste treatment areas.

■ Areas not required for immediate use.

■ Construction details of all drainage works, driveways, vehicle parking and loading areas.

■ A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area.

■ An application to construct or extend an apartment development, or to construct or extend a dwelling in or forming part of an apartment development, must be accompanied by an urban context report and design response as required in Clause 58.01.

34.01-7

31/07/2018 VC148

Exemption from notice and review

An application to subdivide land or construct a building or construct or carry out works 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. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

34.01-8

20/12/2021

VC174

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

General

The Municipal Planning Strategy and the Planning Policy Framework.

■

■ The interface with adjoining zones, especially the relationship with residential areas.

Use

■ The drainage of the land.

The effect that existing uses may have on the proposed use.

■ The availability of and connection to services.

■ The effect of traffic to be generated on roads.

■ The interim use of those parts of the land not required for the proposed use.

■ Subdivision

Provision for vehicles providing for supplies, waste removal and emergency services and public transport.

■ The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths.

■ Building and works

■ The provision of car parking.

The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport.

■ The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road.

■ The storage of rubbish and materials for recycling.

■ Defining the responsibility for the maintenance of buildings, landscaping and paved areas.

■ Consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in a General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.

■ The impact of overshadowing on existing rooftop solar energy systems on dwellings on adjoining lots in a General Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone.

■ The availability of and connection to services.

■ The design of buildings to provide for solar access.

■

■ The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to an apartment development.

34.01-9

31/07/2018

VC148

■ Transitional provisions

For an apartment development, the objectives, standards and decision guidelines of Clause 58.

The objectives, standards and decision guidelines of 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.

■ Clauses 55 and 58 of this scheme, as in force immediately before the approval date of Amendment VC174, continue 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.

Signs

Sign requirements are at Clause 52.05. This zone is in Category 1.

43.01

31/07/2018

VC148

HERITAGE OVERLAY

Shown on the planning scheme map as HO with a number (if shown).

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To conserve and enhance heritage places of natural or cultural significance.

To conserve and enhance those elements which contribute to the significance of heritage places.

To ensure that development does not adversely affect the significance of heritage places.

To conserve specified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

Scope

The requirements of this overlay apply to heritage places specified in the schedule to this overlay. A heritage place includes both the listed heritage item and its associated land. Heritage places may also be shown on the planning scheme map.

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Permit requirement

A permit is required to:

Subdivide land.

■ Demolish or remove a building.

■

■ Construct a building or construct or carry out works, including: Domestic services normal to a dwelling if the services are visible from a street (other than a lane) or public park.

■ A solar energy system attached to a building that primarily services the land on which it is situated if the system is visible from a street (other than a lane) or public park and if the schedule to this overlay specifies the heritage place as one where solar energy system controls apply.

■ A rainwater tank if the rainwater tank is visible from a street (other than a lane) or public park.

■ A fence, if the fence is visible from a street (other than a lane) or public park.

■ Roadworks which change the appearance of a heritage place or which are not generally undertaken to the same details, specifications and materials.

■ Buildings or works associated with a railway, railway station or tramway constructed or carried out by or on behalf of the Head, Transport for Victoria.

■ Street furniture other than: Traffic signals, traffic signs, bus shelters, fire hydrants, parking meters, post boxes and seating.

■

■ Speed humps, pedestrian refuges and splitter islands.

■ A domestic swimming pool or spa and associated mechanical and safety equipment, if the swimming pool or spa and associated equipment are visible from a street (other than a lane) or public park.

■ 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, if the deck is visible from a street (other than a lane) or public park

■

■ Non-domestic disabled access, excluding a non-domestic disabled access ramp if the ramp is not

■

visible from a street (other than a lane) or public park.

■ Services normal to a building other than a dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar, if the works are visible from a street (other than a lane) or public park.

An electric vehicle charging station if the charging station is visible from a street (other than a lane) or public park.

■ Externally alter a building by structural work, rendering, sandblasting or in any other way.

■ Construct or display a sign.

■ Externally paint a building if the schedule to this overlay specifies the heritage place as one where external paint controls apply.

■ Externally paint an unpainted surface.

■ Externally paint a building if the painting constitutes an advertisement.

■ Internally alter a building if the schedule to this overlay specifies the heritage place as one where internal alteration controls apply.

■ Carry out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials.

■ Remove, destroy or lop a tree if the schedule to this overlay specifies the heritage place as one where tree controls apply. This does not apply:

■

■ If the tree presents an immediate risk of personal injury or damage to property.

To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998 .

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

Clause 59.07

Subdivide land to realign the common boundary between 2 lots where the area of either lot is reduced by less than 15 percent and the general direction of the common boundary does not change.

■ Subdivide land into lots each containing an existing building or car parking space where:

■ Subdivide land into 2 lots if:

■

■

■ 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.

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

■ The construction or carrying out of the approved building or works on the land has started lawfully.

The construction of a building or the construction or carrying out of works on the land is approved under this scheme or by a permit issued under this scheme and the permit has not expired.

■ The subdivision does not create a vacant lot.

■ Demolish or remove an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is specified in the schedule to the Heritage Overlay.

■ Demolish or remove a fence unless the fence is specified in the schedule to the Heritage Overlay.

■ Externally alter a non-contributory building.

■ External painting.

■ Construct a fence.

■ Construct a carport, garage, pergola, verandah, deck, shed or similar structure.

■ Construct and install domestic services normal to a dwelling.

■ Construct and install a non-domestic disabled access ramp.

■ Construct a vehicle cross-over.

■ Construct a domestic swimming pool or spa and associated mechanical equipment and safety fencing.

■ Construct a rainwater tank.

■ Construct or display a sign.

■ Lop a tree.

■ Construct or install a solar energy system attached to a dwelling.

■ Construct and install an electric vehicle charging station.

■ 43.01-2 21/11/2017

■ Construct and install services normal to a building other than a dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading devices, or similar.

Places in the Victorian Heritage Register

A heritage place which is included in the Victorian Heritage Register is subject to the requirements of the Heritage Act 2017

Permit requirement

A permit is required under this overlay to subdivide a heritage place which is included in the Victorian Heritage Register. This includes the subdivision or consolidation of land including any building or airspace.

Referral of applications

An application to subdivide a heritage place which is included in the Victorian Heritage Register must

be referred to the relevant referral authority under Section 55 of the Act in accordance with Clause 66 of this scheme.

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No permit required

No permit is required under this overlay:

For anything done in accordance with an incorporated plan specified in a schedule to this overlay.

■ To internally alter a church for liturgical purposes if the responsible authority is satisfied that the alterations are required for liturgical purposes.

■ For interments, burials and erection of monuments, re-use of graves, burial of cremated remains and exhumation of remains in accordance with the Cemeteries and Crematoria Act 2003

■

■ To develop a heritage place which is included in the Victorian Heritage Register, other than an application to subdivide a heritage place of which all or part is included in the Victorian Heritage Register.

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Exemption from notice and review

An application under this overlay for any of the following classes of development 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:

■ Demolition or removal of a fence unless the fence is specified in the schedule to this overlay.

Demolition or removal of an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is specified in the schedule to this overlay.

■ External alteration of a building.

■ External painting.

■ Construction of a fence.

■ Construction of a carport, garage, pergola, verandah, deck, shed or similar structure.

■ Domestic services normal to a dwelling.

■ Carry out works, repairs and routine maintenance.

■ Internally alter a building.

■ Non-domestic disabled access ramp.

■ Construction of a vehicle cross-over.

■ Construction of a domestic swimming pool or spa and associated mechanical equipment and safety fencing.

■ Construction of a tennis court.

■ Construction of a rainwater tank.

■ Construction or display of a sign.

■ Lopping of a tree.

■ Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security lighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes.

■ Roadworks.

■ An electric vehicle charging station.

■

■ Services normal to a building other than a dwelling, including chimneys, flues, skylights, heating and cooling systems, hot water systems, security systems and cameras, downpipes, window shading

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devices, or similar.

Statements of significance

The schedule to this overlay must specify a statement of significance for each heritage place included in the schedule after the commencement of Amendment VC148. This does not apply to:

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■

■ A registered heritage place included in the Victorian Heritage Register established under Part 3 of the Heritage Act 2017 .

A heritage place included in the schedule to this overlay by an amendment prepared or authorised by the Minister under section 8(1)(b) or section 8A(4) of the Act before or within three months after the commencement of Amendment VC148.

■ A heritage place included in the schedule to this overlay on an interim basis.

Heritage design guidelines

The schedule to this overlay may specify heritage design guidelines for any heritage place included in the schedule. A heritage design guideline must not contain any mandatory requirements.

Application requirements

An application must be accompanied by any information specified in the 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 significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place.

■ Any applicable statement of significance (whether or not specified in the schedule to this overlay), heritage study and any applicable conservation policy.

■ Any applicable heritage design guideline specified in the schedule to this overlay.

■ Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place.

■ Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place.

■ Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place.

■ Whether the proposed works will adversely affect the significance, character or appearance of the heritage place.

■ Whether the proposed subdivision will adversely affect the significance of the heritage place.

■ Whether the proposed subdivision may result in development which will adversely affect the significance, character or appearance of the heritage place.

■ Whether the proposed sign will adversely affect the significance, character or appearance of the heritage place.

■

■ Whether the lopping or development will adversely affect the health, appearance or significance of the tree.

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31/07/2018

VC148

■

Whether the location, style, size, colour and materials of the proposed solar energy system will adversely affect the significance, character or appearance of the heritage place.

Use of a heritage place

A permit may be granted to use a heritage place (including a heritage place which is included in the Victorian Heritage Register) for a use which would otherwise be prohibited if all of the following apply:

■ The use will not adversely affect the significance of the heritage place.

The schedule to this overlay specifies the heritage place as one where prohibited uses may be permitted.

■ The benefits obtained from the use can be demonstrably applied towards the conservation of the heritage place.

■ Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider the effect of the use on the amenity of the area.

Aboriginal heritage places

A heritage place specified in the schedule to this overlay as an Aboriginal heritage place is also subject to the requirements of the Aboriginal Heritage Act 2006

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SCHEDULE TO CLAUSE 43.01 HERITAGE OVERLAY

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Application requirements

The following application requirements apply to an application under Clause 43.01, in addition to those specified elsewhere in the planning scheme and must accompany an application, as appropriate, to the satisfaction of the responsible authority:

A written report that explains how the proposal addresses the provisions of the policies at Clause 15.03-1L and the justification for any variations from the policies.

■

■ Plans and elevations (A3 size) including:

Fully scaled and dimensioned elevations and floor plans of existing conditions, the extent of any proposed demolition, and any alterations and additions or new buildings.

■ A fully scaled and dimensioned site plan showing the existing and proposed development including outbuildings, fences, significant vegetation, car parking, new cross overs, on-site parking space locations and any other noteworthy features.

■ A photo montage of the streetscape.

■ A streetscape elevation that shows the existing streetscape and how the proposal sits within it.

■ An axonometric elevation, where appropriate, that shows how the proposal sits within its immediate area, particularly from oblique views from neighbouring streetscapes where any part of the proposal will be visible.

■ Full details and samples of materials, finishes, and colours.

■ Details of any primary or secondary sources used to provide evidence of the earlier or original use, form or decoration of the heritage place.

■ Details of vistas that are to be retained to significant and contributory heritage buildings.

■

■ A landscape plan.

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Heritage places

The requirements of this overlay apply to both the heritage place and its associated land.

PS map ref Heritage place

HO52+ 403-405 Bay Street, Brighton – Shops with Residences above

HO53+ 407 Bay Street, Brighton – Shops and Residences

HO54+ 423-427 Bay Street, Brighton – Shops with Residences above

HO55 441 Bay Street, Brighton

HO56 451 Bay Street, Brighton – “Irwell”

HO58 Bay Street, Nth Brighton - Railway Station

Bay Street, Nth Brighton - Nth Brighton Railway Station HO59

External paint controls apply? Internal alteration controls apply? Tree controls apply? Solar energy system controls apply? Outbuildings or fences not exempt under Clause 43.014

Included on the Victorian Heritage Register under the Heritage Act 2017? Prohibited uses permitted? Aboriginal heritage place?

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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.

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19/01/2006

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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 fence if specified in a schedule to this overlay.

■

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.

■ 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.

■ 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 height.

Building setbacks.

■ 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

■ An outdoor swimming pool.

A carport, garage, pergola, verandah, deck, shed or similar structure.

■ The buildings and works must be associated with a dwelling.

Construct a building or construct or carry out works with an estimated cost 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 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

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31/07/2018

VC148

Clause 59.05

Clause 59.05

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.

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

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

■

The area of either lot is reduced by less than 15 percent.

Information requirements and decision guidelines

Clause 59.01

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31/07/2018

VC148

43.02-6

31/07/2018

VC148

Class of application Information requirements and decision guidelines

■

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.

■ 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:

■ ■ The subdivision does not create a vacant lot.

■

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.

Exemption from notice and review

Clause 59.02

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.

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 design objectives of the relevant schedule to this overlay.

■

The Municipal Planning Strategy and the Planning Policy Framework.

■ The provisions of any relevant policies and urban design guidelines.

■

■ 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 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 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.

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C168bays

SCHEDULE 10 TO CLAUSE 43.02 DESIGN AND DEVELOPMENT OVERLAY

Shown on the planning scheme map as DDO10.

BUILT FORM STANDARDS FOR BAY STREET MAJOR ACTIVITY CENTRE

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Design objectives

To ensure that the height of new development is compatible with the preferred future role and character of the Bay Street Major Activity Centre.

To develop the centre in a way that conserves and enhances its valued urban character and heritage places.

To ensure that new development contributes to safe and active streets.

To maintain a strong landscape character with residential buildings set within vegetated front gardens and streetscapes in the residential precincts.

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Buildings and works Meaning of terms

For the purposes of this schedule, a ‘storey’ excludes a basement, but includes an attic, mezzanine or built-over car parking area.

For the purposes of this schedule:

Ground floor is the first storey of a development.

■ First floor is the second storey of a development.

■ Second floor is the third storey of a development.

■ Third floor is the fourth storey of a development, and so on.

■ For the purposes of this schedule an ‘attic’ means a space within a building, contained wholly within the roof pitch, which is not immediately enclosed by vertical external walls and may contain dormer windows, recessed windows, or skylights and does not contribute materially to the scale and mass of the building form. The following factors are indicative of an attic:

A space which is wholly contained / enclosed within a roof space.

■ A space which is not bordered by any vertical external walls except gable walls.

■ A space which is relatively small in scale in relation to the scale of the remaining built form.

■ The presence of dormer style windows or skylights.

■ A space that does not contribute significantly to the building form.

■ A space or series of spaces which in total occupy an area no greater than half the floor area of the storey below.

■ For the purposes of this schedule a ‘dormer style window’ is defined as a projecting construction designed to provide natural lighting to attic spaces, comprising a vertical window with its own pitched roof, gable and side walls, framed into a larger sloping roof. Usually several dormers are used for balanced design.

For the purposes of this schedule a ‘roof deck’ means an area designed and used as private open space that is located above the upper storey of a building.

Permit not required

A permit is not required to construct a building or construct or carry out works for any of the following:

■ A radio mast.

Navigational aids.

■ A television mast associated with a building.

■ On land within a residential zone, except for a roof deck, a permit is not required to construct a building or construct or carry out works for a building with a building height of not more than:

9 metres overall height; or

■ 10 metres overall height where the slope of the natural ground level at any cross section of the site of the building wider than 8 metres is 2.5 degrees or more.

■ Permit requirements

Operation of zone and overlay provisions

A permit cannot be granted to construct a building or construct or carry out works which are not in accordance with the mandatory requirements (those preceded by the verb ‘must/must not’) set out below.

Mixed Use Zone schedule

On land within this schedule the varied ResCode Standards to Clause 54 and Clause 55 for minimum street setback, site coverage, side and rear setback and front fence that are specified in the schedule to Clause 32.04 do not apply.

Building height

All precincts

A building should not exceed the Preferred Building Heights (in metres and storeys) specified in the built form precinct provisions of this schedule.

A building must not exceed the Maximum Building Heights (in metres and storeys) specified in the built form precinct provisions of this schedule.

The height of buildings within the Special Building Overlay is to be measured from the applicable flood level (to Australian Height Datum) for the site as advised by the relevant floodplain management authority.

Development on land in a Commercial Zone or a Mixed Use Zone that is adjacent to a Residential Zone should be designed to achieve a transition in height and building form.

Residential precincts

On land within the a Residential Zone, design responses including recessed upper most levels and attic style development will be encouraged.

Building setbacks

Commercial precincts

On land in a Commercial Zone or a Mixed Use Zone:

■

A building should not be set back from the front or side boundary except as follows:

■

■

■ Where the site abuts a Heritage Overlay containing a heritage building set back from the front or side boundaries, new buildings should be set back to provide a transition in the front or side setbacks.

At third floor or above, buildings should be set back a minimum of 5 metres from the front street boundary and any street boundary adjacent to a Residential Zone.

■ Where the site abuts the boundary of a property containing a dwelling and located in a Residential zone the minimum setbacks from the title boundary of that property should be: 3m at ground floor.

■ 5m at 1st floor.

■ 10m at 2nd floor.

■ 15m at 3rd floor or above.

■ Minor buildings and works such as verandas, architectural features, balconies, sunshades, screens, artworks and street furniture may be constructed within the setback areas specified in this schedule provided they are designed and located to the satisfaction of the responsible authority.

Residential precincts

Buildings in a Residential Zone should be set back in accordance with the relevant Clauses 54 and 55 Standards except that the second floor should be set back a minimum of 4 metres behind the front wall of the floor immediately below, unless the second floor is an attic.

Building frontages

On land in a Commercial or Mixed Use Zone any new building should be designed to:

Present a fine grained, human scale to streets.

■ Provide active street frontages with shopfronts at street level, particularly in the retail core, where shopfronts should predominate.

■ Provide weather protection, such as verandas or canopies within the Weather Protection Areas shown on the map to this schedule, unless that weather protection structure will conflict with the architectural character or cultural heritage significance of the existing buildings.

■ Provide articulated and well designed facades, fenestration, parapet treatments, other detailing and materials to provide interest at street level and reinforce the human scale.

■ Maintain the vertical and horizontal design rhythm of buildings in the business precincts.

■ Ensure corner sites are designed to address both street frontages with shopfront windows at street level.

■ Locate the ground floor at natural ground level.

■ Minimise the width of driveway entrances and the impact of garage doors on the building frontages and utilise rear access wherever possible.

■ Roof decks

Roof decks and their associated structures should not exceed the Preferred Building Heights specified in the built form precinct provisions of this schedule.

Roof decks and their associated structures must not exceed the Maximum Building Heights specified in the built form precinct provisions of this schedule.

In a Residential Zone a roof deck should:

Be designed and constructed of materials that integrate with the architectural style and form of the building.

■ Not include any permanent or moveable structure or element that will increase the visual bulk of the building, including pergolas, verandahs, shelters and storage areas.

■ Be set back on all sides at least 2 metres from the roof edge of the storey immediately below to minimise the visual impact on the street and adjoining properties.

■ Be designed to limit views into secluded private open space and habitable room windows of adjacent dwellings.

■ Not include any structures or elements that exceed a height of 1.7 metres, apart from an access structure (measured from floor level at the point of access onto the roof deck).

■ Be accessed by a structure that is designed and located to have minimal impact on the street and adjoining properties, does not enclose any useable floor space and does not exceed 2.4 metres in height (measured from floor level at the point of access onto the roof deck).

■ Be constructed so that the deck floor level is no greater than 1 metre above the lower ceiling face of the storey immediately below.

■ In a Commercial Zone or a Mixed Use Zone a roof deck or balcony should be set back at least 2 metres from the wall of the storey below which faces the front or the rear of the site, or a minimum of 5 metres from any residential property boundary.

Built form precinct provisions

Table to built form precinct provisions

Refer to Built Form Precinct Map at the end of the schedule.

11.0m (3 storeys); or 12.0m (3 storeys) where the slope of the natural ground level at any cross section of the site of the building wider than 8m is 2.5 degrees or more

11.0m (3 storeys); or 12.0m (3 storeys) where the slope of the natural ground level at any cross section of the site of the building wider than 8m is 2.5 degrees or more

Variations to the requirements of this schedule

An application to vary the requirements in this schedule (including preferred building heights) must:

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■ Include an assessment of how any departure from a preferred building height or building setback specified in this schedule assists in achieving the design objectives and built form outcomes to be achieved for the proposal as specified in this schedule.

Identify the design objectives, design requirements and outcomes to be achieved for the proposal as specified in this schedule.

■ Demonstrate that the proposal will achieve the following outcomes (as appropriate):

■ Innovative environmental design.

high standard of architectural design.

■ Minimal overshadowing of adjoining streets, public spaces and residential properties.

■ Minimal impact on the amenity of adjoining residential precincts.

■ Respect for places subject to the Heritage Overlay.

■

■ Transitions in scale to lower building forms.

■ An application to vary the requirements in this schedule should also identify (where relevant) whether the site has any particular characteristics or features that warrant the variation and an alternative design response.

Subdivision

None specified.

Signs

None specified.

Application requirements

The following application requirements apply to an application for a permit under Clause 43.02, in addition to those specified elsewhere in the scheme and must accompany an application, as appropriate, to the satisfaction of the responsible authority:

■

A neighbourhood and site description and a design response which demonstrates how the proposed building achieves the relevant design objectives.

Decision guidelines

The following decision guidelines apply to an application for a permit under Clause 43.02, in addition to those specified in Clause 43.02 and elsewhere in the scheme which must be considered, as appropriate, by the responsible authority:

■ The design response.

The neighbourhood and site description.

■ The impact of the upper levels of the building on surrounding residential land.

■ The setback of upper levels of the building from any residential zoned land.

■ The Bay Street Centre Framework Plan contained in Clause 21.11.

■ Design Guidelines for Higher Density Residential Development (Department of Sustainability and Environment, 2004) in assessing the design and built form of residential development of five or more storeys.

■

■ Safer Design Guidelines for Victoria (Crime Prevention Victoria and Department of Sustainability

and Environment, 2005) in assessing the design and built form of new development.

Background documents

Bay Street Centre – Final Structure Plan (November 2006)

Map 1 to Schedule 10 to Clause 43.02

Bay Street Major Activity Centre Built Form Precincts

45.06

31/07/2018

VC148

DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY

Shown on the planning scheme map as DCPO with a number.

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To identify areas which require the preparation of a development contributions plan for the purpose of levying contributions for the provision of works, services and facilities before development can commence.

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19/01/2006

VC37

Development contributions plan

A permit must not be granted to subdivide land, construct a building or construct or carry out works until a development contributions plan has been incorporated into this scheme.

This does not apply to the construction of a building, the construction or carrying out of works or a subdivision specifically excluded by a schedule to this overlay.

A permit granted must:

Be consistent with the provisions of the relevant development contributions plan.

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19/01/2006

VC37

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■ Include any conditions required to give effect to any contributions or levies imposed, conditions or requirements set out in the relevant schedule to this overlay.

Preparation of a development contributions plan

The development contributions plan may consist of plans or other documents and may, with the agreement of the planning authority, be prepared and implemented in stages.

The development contributions plan must:

Specify the area to which the plan applies.

■ Set out the works, services and facilities to be funded through the plan, including the staging of the provision of those works, services and facilities.

■ Relate the need for the works, services or facilities to the proposed development of land in the area.

■ Specify the estimated costs of each of the works, services and facilities.

■ Specify the proportion of the total estimated costs of the works, services and facilities which is to be funded by a development infrastructure levy or community infrastructure levy or both.

■ Specify the land in the area and the types of development in respect of which a levy is payable and the method for determining the levy payable in respect of any development of land.

■ Provide for the procedures for the collection of a development infrastructure levy in respect to any development for which a permit is not required.

■ The development contributions plan may:

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■ Provide for different rates or amounts of levy to be payable in respect of different types of development of land or different parts of the area.

Exempt certain land or certain types of development from payment of a development infrastructure levy or community infrastructure levy or both.

1.0

Shown on the planning scheme map as DCPO1

Summary of contributions

Facility Levies payable by the development ($)

Note: The levy payable by development on residential land is specified in dollars per dwelling (note: a ground floor dwelling equates to 2 upper floor dwellings) and for other development in dollars according to site area.

The levy payable by commercial development is in dollars per 100 sq.m of site area or additional gross building floor area, whichever is the lesser.

The amounts in this schedule are in December 2014 dollars. The responsible authority will adjust the levy annually commencing in 2017 by applying the Building Price Index, as published in the latest edition of Rawlinsons Australian Construction Handbook.

Residential development that does not create any additional dwellings;

■ Commercial development that does not create any additional floor space; or

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■ Development on public land.

Note: This schedule sets out a summary of the costs and contributions prescribed in the development contributions plan. Refer to the incorporated development contributions plan for full details.