Amendment C323 proposes to introduce permanent land use and development controls into the Planning Scheme through a new Schedule 7 to the Capital City Zone. Specifically, Schedule 7 to the Capital City Zone proposes:

• A purpose that maintains and enhances the Melbourne Arts Precinct as a significant arts and cultural precinct.
• A mix of ‘as of right’ and ‘permissible’ uses which are specifically tailored to the future needs of the Melbourne Arts Precinct and seek to encourage the provision of arts and creative industry uses within the first four storeys of buildings, together with the provision of active street frontages and integration with the public realm.
• Application requirements and decision guidelines in respect of the use of land which further the purposes of the zone.

The consequential changes to Clause 22.01 (Urban Design in the Capital City) and Schedule 1 to Clause 43.02 (Design and Development Overlay) are required to ensure the continued application of the urban design policy contained in Clause 22.01 and the active street frontage requirements contained in Schedule 1 to Clause 43.02.

The application of Schedule 1 to the Parking Overlay is required to ensure that the correct car parking requirements are applied to land within the Capital City Zone. The current Schedule 12 to the Parking Overlay is only applicable to land located within a residential zone.

On 7 March 2018 the Minister for Planning approved Amendment C330, which introduced Schedule 7 to the Capital City Zone on an interim basis until 31 January 2020.

For more information about the area, see: Amendment C323 map.

The proposed changes to the Melbourne Planning Scheme are as follows:

• Inserts Schedule 7 to the Capital City Zone and rezones the land from Capital City Zone 3 (CCZ3) and General Residential Zone 1 (GRZ1) to the Capital City Zone 7 (CCZ7) on a permanent basis
• Amends the Urban Design within the Capital City Zone Policy at Clause 22.01 to include reference to Schedule 7 to the Capital City Zone
• Amends Schedule 1 to the Design and Development Overlay at Clause 43.02 to include reference to Schedule 7 to the Capital City Zone
• Deletes Schedule 12 to the Parking Overlay and applies Schedule 1 to land previously zoned GRZ1.

A Panel Hearing to hear submissions and to consider the Amendment was held on 17 and 18 October 2018. The Panel delivered its interim report on 3 December 2018 and although supportive of the Amendment intent, recommended re-drafting of the planning controls to clarify the arts activities to be encouraged and to improve the operation of the proposed planning controls.

The re-drafted planning controls retain much of the Amendment’s original content however they now include strengthened policy statements in the Municipal Strategic Statement as well as changes to the Schedule 7 to the Capital City Zone which include:

• Wording and format changes to comply with new planning provisions recently introduced through Ministerial Amendment No.VC148.
• A list of arts uses that will be encouraged such as media, screen, design, writing and publishing, literature, fashion, performing arts, digital games development, broadcasting, music, cultural heritage and arts education and craft.
• An additional purpose to achieve design excellence and embedding a process to seek the views of the Office of the Victorian Government Architect to achieve design excellence.
• Permit triggers for shop, food and drink premises and place of worship over a specified floor area to encourage these uses only on a limited scale.
• Land use noise attenuation requirements for residential uses to attenuate against noise from existing developments.
• Creative Victoria as a recommending referral authority for use and development applications within the first four storeys of a new development to ensure the future needs of arts institutions within the precinct are addressed.

In line with the panel recommendations, all owners and occupiers of land within the Arts Precinct as well as relevant arts groups will be given the opportunity to comment on the revised version of the Amendment.

Following the re-notification process, the Panel will reconvene to consider the revised amendment and any further submission received. All submitters to Amendment C323 will be offered the opportunity to appear at the Planning Panel hearing.

The Panel then will provide its final report to Council which will be considered at a Future Melbourne Committee meeting later in the year.