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Amendment C132 (former Amendment C107)

Update

Please note that approval of Maroondah Planning Scheme Amendment C107 - Ruskin Park has been considered by the Minister as Amendment C132. The content and intent of the two Amendments remains the same.  

The Minister for Planning has approved Amendment C132 to the Maroondah Planning Scheme. The Amendment comes into operation on 15 August 2019 as published in the Victoria Government Gazette G33.

The Amendment rezones land within the Ruskin Park area bound by Hull Road, Ruskin Avenue, Mount Dandenong Road and the Maroondah municipal boundary from the General Residential Zone Schedule 1 to the Neighbourhood Residential Zone Schedule 6.

A copy of the Amendment can be inspected, free of charge on the Department of Environment, Land, Water and Planning website and free of charge, during office hours, at the offices of the Maroondah City Council, City Offices Service Centre, Braeside Avenue, Ringwood.

To find out more about the Amendment please contact Council on 1300 88 22 33.

About Ruskin Park

Ruskin Park is a residential area bound by Hull Road, Ruskin Avenue, Mt Dandenong Road and the eastern Maroondah municipal boundary.  

Due to the nature and characteristics of the land and development pressures currently being experienced, Council has identified in its 2016 Housing Strategy that the Ruskin Park area should be covered by the Neighbourhood Residential Zone – Schedule 3 rather than the General Residential Zone. This Amendment is known as C107.  

Background

In June 2016, Council adopted a new housing strategy. Key direction 5.2 is to review the reformed residential zones and any unintended consequences of the new zones. 

The Victorian Government’s reformed residential zones were applied across the municipality in July 2014. Amendment C107 seeks to refine how the new controls are applied in the Ruskin Park area.  

The Amendment was placed on public exhibition until Monday 5 December 2016 and Council considered the submissions received at its meeting on 20 February 2017.

Following the Council meeting, State Government gazetted Amendment VC110, which made changes to the residential zones across Victoria. Council considered its position regarding the Amendment C107 to the Maroondah Planning Scheme and was placed on hold during March 2017 due to the changes to the Victorian Planning Provisions introduced by State Government by Amendment VC 110 (Gazettal 27 March 2017). 

Read more on Amendment VC110 and the Reformed Resident Zones

A Directions Hearing took place on Monday 27 August 2017 to consider any preliminary issues and seek Planning Panel’s directions on procedural issues and make arrangement for a Public hearing.

The intent of Amendment C107 has not changed, and the only substantive changes include:

  • A new Schedule name: Schedule 6 to clause 32.09 Neighbourhood Residential Zone (NRZ6)- Ruskin Park.
  • Statement on the objectives for the area in Schedule 6 to Clause 32.09 to reflect the objectives for the area identified in the Neighbourhood Character Study for Ruskin Park February 2018, required by VC110.
  • Proposed changes to the Neighbourhood Residential Zone (NRZ6)- Ruskin Park;

The strategic justification for the amendment is included in the document below:

Neighbourhood Character Study - Ruskin Park - February 2018  (pdf, 2MB)

Neighbourhood Character Study - Ruskin Park - February 2018  (docx, 949KB)

An Independent Panel Hearing took place on 21 November 2018 at the Maroondah City Council Chambers; and a second hearing date took place on 21 February 2019 to consider further submission. The Hearing was open to the public and invited all parties who had lodged a request to be heard or made a submission to the amendment to present to the Panel. As part of the Panel Hearing, Clair Scott appeared as an expert witness to present her report on the proposed amendment. The Panel were supportive of Ms Scott’s Report, and accepted her evidence that the Ruskin Park Neighbourhood retains an acceptable landscape character that should be acknowledged and accommodated while not limiting further opportunities for modest housing outcomes in the area.

Read more on the expert report: 

Witness report - Claire Scott  (pdf, 22MB)

After taking into consideration all written submissions to the amendment, evidence and material presented during the hearing, and a site visit, the Panel determined the application of the NRZ to the Ruskin Park Neighbourhood to be strategically justified.

The Panel concluded that the Ruskin Park Neighbourhood has a unique landscape character that warrants recognition and protection, and that the NRZ is the right planning tool to recognise and protect the identified character of the area. The Panel recommended that Maroondah Planning Scheme Amendment C107 be adopted on the condition that the proposed Neighbourhood Residential Zone Schedule 3 be replaced with the Neighbourhood Residential Zone Schedule 6.

The Panel further considered that the substitution of the NRRZ3 with NRZ6 is an appropriate change to the Amendment which had completed exhibition prior to Amendment VC110 coming into effect… Further noted that the application of the new NRZ6 does not,  in the Panel’s opinion, alter the nature of the issues raised in the submissions, the exhibited intent of the amendment, the material provision of the zone or transform the Amendment.

View the full panel report below:

Panel report  (pdf, 2MB)

Further information

For further information or if you have any queries please contact Council's Strategic Planning team on 1300 88 22 33 or 9298 4598. 

02/06/2017
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