Amendment C164 - Former Ballarat Orphanage site - 200, 200A & 200B Victoria Street, Ballarat East

 

Panel Report

The following document was not made available during the previous exhibition period.

Amendment Documents:

Clauses:

 Maps:

Incorporated documents:

 Supporting documents:

 Other related documents:

 

 


Update September 2015:

We are pleased to provide an update on the current planning processes for the former Ballarat Orphanage site on Victoria Street - the proposed rezoning through Amendment C164, along with the demolition application through planning permit PLP 2013/119.

Amendment C164 approved by the Minister for Planning

At the Council meeting of 23 July, 2014, Council resolved to adopt Amendment C164, with some changes to the findings of the independent Planning Panel, and submit the amendment to the Minister for Planning for final approval. The Minister has now approved the amendment.

The subject land has been rezoned to a combination of General Residential Zone (for housing), Mixed Use Zone (for reuse of the Toddlers Block building) and Commercial 1 Zone (for commercial development). Controls have also been applied to the site to address contamination, flooding and other issues, along with the necessity for a development plan to address retention of the School House, Stawell Street Wall, Toddlers’ Block, Memorial Garden, Magnolia tree, two Elm trees, various plaques and foundation stones.

VCAT appeal for planning permit application 2013/119

The applicant had originally lodged a planning permit application to demolish certain buildings on the site. Given that Amendment C164 has now been approved and that the Amendment alters the heritage controls on the site, a planning permit is now only required to demolish the School House, Stawell Street Wall, Toddlers Block, or the memorial garden. The planning permit application did not propose to demolish any of these elements of the site and therefore all other buildings on the site can be demolished without planning approval. This was confirmed by VCAT at a Directions Hearing on 31 July, 2015.

Next steps

The land owners are currently in the process of completing a building permit to demolish all other buildings on the land, which is expected to be approved in the near future. Therefore, you can expect to see demolition taking place on the land shortly. As stated above the School House, Stawell Street Wall, Toddlers Block and the Memorial Garden – are not a part of this demolition process.

Now that the Amendment has been approved by the Minster, the future development of the land will be subject to assessment against a Council approved Development Plan, which will not be publicly advertised and is not subject to third party appeal rights. The final Development Plan Overlay (DPO9), with the requirements that the developer must now complete, forms clause 43.04 of the Ballarat Planning Scheme and can be accessed here:

http://planningschemes.dpcd.vic.gov.au/schemes/ballarat/ordinance/43_04s09_ball.pdf

Queries

If you have any questions or require further information about future demolition at the site and the Development Plan, please contact myself via email leannewilson@ballarat.vic.gov.au or by telephone on (03) 5320 5608.



Update end October 2014:

Council is still waiting to receive the Minister for Planning's decision in relation to Amendment C164 and the resoning of the land.

In terms of the planning permit application PLP 2013/119, a Directions Hearing was held at VCATon 17 October 2014, where the applicant advised that they no longer wish to appeal Council’s decision to not allow demolition of the School House or the Brick Wall. VCAT resolved to adjourn the matter further until the outcome of Amendment C164 is known, which may negate the need for a planning permit for some of the demolition on this site. Once Amendment C164 is resolved by the Minister for Planning, the matter will be revisited, as there is still one appeal standing against Council’s decision on the matter.

At the Council meeting of 23 July, 2014, Council resolved to adopt Amendment C164, with some changes to the findings of the independent Planning Panel, and submit the amendment to the Minister for Planning for final approval. Council resolved to support the

findings of the Panel with two exceptions:

  • Requiring the retention of the whole School House; and
  • Requiring the retention of the whole Stawell Street Wall.

If the Minister approves the amendment, the subject land will be rezoned to a combination of General Residential Zone (for housing), Mixed Use Zone (for reuse of the Toddlers Block
building) and Commercial 1 Zone (for commercial development). Controls will also be applied to the site to address contamination, flooding and other issues, along with ensuring retention of the School House, Stawell Street Wall, Toddlers’ Block, Memorial Garden, Magnolia tree, two Elm trees, various plaques and foundation stones.

If the Amendment is approved by the Minster, development of the land will be subject to assessment against a Council approved Development Plan, which will not be publicly advertised and is not subject to third party appeal rights.

The Amendment was lodged with the Minister for Planning in August. The Minister’s decision may take many months.


Alteration to Council position at VCAT for PLP 2013/119

Given the Amendment C164 independent Planning Panel findings and Council’s position requiring retention of the whole School House and the whole Stawell Street Wall, at its meeting of 23 July Council resolved to alter its position on the demolition application
for the site (planning permit PLP 2013/119).

Council resolved at this meeting to allow for the demolition of all buildings on the site, with the exception of these buildings / elements:

  • Kenny Memorial Toddlers Block;
  • Former School House;
  • Stawell Street Wall; and
  • Memorial Garden, Magnolia tree and two Elm trees, various plaques and foundation stones.

In relation to the current standing of the VCAT Appeal, the permit applicant proposes to demolish part of the School House, whilst Council does not support any demolition of the School House Building.

Council have now been advised that the matter is listed for a Directions Hearing on 17 October 2014 with VCAT and if you are party to the VCAT matter, you will be receiving advice from the Tribunal as to the next steps.


Independent Planning Panel Report

The independent Planning Panel Hearing Report, received in June 2014, provides recommendations to Council on the proposed rezoning of 200, 200A and 200B Victoria Street. Download the Ballarat C164 Panel Report


The Panel made the following recommendations:

  1. That Council adjust its list of non-contributory buildings to the Victoria Street Heritage Precinct to clarify that only the Stawell Street wall, the Toddler’s Block, the Memorial Garden, the Magnolia tree, the two Elm trees, various plaques and foundation stones and the former School House are contributory to the significance of the precinct.
  2. That the Statement of Significance for the precinct be adjusted so that the former Orphanage to the extent of these items, are specifically identified important to the precinct.
  3. That the revised boundary of HO177 as exhibited be approved.
  4. That HO196 not be approved.
  5. That the reference version of DPO9 (included in Attachment 2) of the report be adopted subject to the following changes:

a. Replacement of the third dot point under the requirements for a Flood Investigation with:

A suitably sized waterway corridor along Specimen Vale Creek to the satisfaction of the Corangamite CMA and Council:

The design of the corridor must take into consideration State Planning Policy Framework clause 14.02 1 1 – Catchment Planning and Management.

b. Replacement of the word “must” with “may” in the second dot point of Section 2.0.


Panel report summary :

  • Support for the proposed residential and commercial uses of the site, with controls to address contamination (EAO) and flooding (DPO9 mechanisms).
  • Support for the development of a ‘Heritage and Site Interpretation Plan’, with the applicant needing to work with Child and Family Services Ballarat around the treatment of the sites heritage in future use and development.
  • Support for the concept of the reuse of the Toddlers’ Block for a medical centre (prior to the completion of a Development Plan).
  • Support for provision of a public open space area in the northeast of the site to include areas around the Magnolia Tree and the two Elm Trees.
  • The Panel did not recommend application of a specific heritage control to the Stawell Street Wall, the Toddlers’ Block, the Memorial Garden, the Magnolia tree and the two Elm trees as proposed by Council (HO196), but to identify these elements as important in the existing heritage overlay for the Victoria Street precinct (HO177).
  • The Panel did not recommend the retention of the rear of the School House building, but supported the requirement for the reuse of the minimum two front rooms of the School House building, including the retention of the original internal integrity.
  • The Panel did not recommend the retention of the full extent of the Stawell Street Wall, potentially allowing for an access point through thereconstructed section.
  • The Panel did not recommend the retention of any other buildings on the site.

 
There are two separate planning processes relating to the former Ballarat Orphanage site – the permit application for demolition (only) and a separate rezoning process (including redevelopment). Therefore this page has been divided into two sections:

  1. Planning Scheme Amendment C164
  2. Planning Application PLP/2013/119

 


1. Planning Scheme Amendment

The City of Ballarat has received an application to amend the Ballarat Planning Scheme for the property known as the former Ballarat Orphanage, 200, 200A & 200B Victoria Street, Ballarat East. The applicant is St Quentin Consulting on behalf of Victoria Street Development Pty Ltd.

The formal public exhibition period for Amendment C164 to the Ballarat Planning Scheme commenced on Thursday 28 November 2013 and closed on Monday 13 January 2014.

 The Amendment proposes to: 

  • Re-zone 200 Victoria Street, Ballarat East from Special Use Zone 5 (SUZ5) to part General Residential Zone (GRZ), part Commercial 1 Zone (CZ1) and part Mixed Use Zone (MUZ);
  • Re-zone 200A & 200B Victoria Street, Ballarat East from Residential 1 Zone to General Residential Zone;
  • Apply Heritage Overlay HO196 to parts of 200 Victoria Street;
  • Apply a Development Plan Overlay (DPO9) to the whole of the site (200, 200A & 200B Victoria St);
  • Apply an Environmental Audit Overlay (EAO) to the whole of the site (200, 200A & 200B Victoria St);
  • Amend Clauses 21.03 & 21.04 to update the maps to include this site;
  • Amend Heritage Overlay Schedule 177 (HO177) as it applies to the site (200 Victoria St);
  • Amend Clause 21.10 Reference Documents to include the City of Ballarat Heritage Citation: Former Ballarat Orphanage 2012;
  • Amend the Incorporated Document "Ballarat Heritage Precincts Study Part A 2006 – Statements of Significance" in the form of the “Ballarat Heritage Precincts Study Part A 2013 – Statements of Significance (revised October 2013)”, to remove the rear part of the site as indicated in the new HO177 and to delete any written reference to the rear part of 200 Victoria Street and Damascus College; and
  • Amend the Incorporated Document "Ballarat Planning Scheme Heritage Control 2004 - Incorporated Plan (revised, 2008)" in the form of “Ballarat Planning Scheme Heritage Control 2013 – Incorporated Plan (revised October 2013)” to reference the mature 2 x elm trees and magnolia tree on the site’s Victoria Street frontage.

 

Changes to the Planning Scheme

200, 200A & 200B Victoria Street, Ballarat East is currently zoned Special Use Zone 5 (SUZ5) which is for a Private Education Establishment (in other words a school) and Residential 1 Zone (200A & 200B Victoria St). The current owners do not wish to conduct educational activities on the site so in order to re-develop the land a planning scheme amendment is required. The new zones on the site will be a mixture of General Residential Zone, Commercial 1 Zone and Mixed Use Zone. This will enable the site to be developed for a variety of uses such as houses, a supermarket, shops and medical centre.

As well as the zone changes additional planning scheme controls will be placed on the site in the form of overlays. These overlays include changes in the boundary to the existing Heritage Overlay HO177 and an additional site specific Heritage Overlay (called HO196) over the Toddler’s Block, magnolia tree, 2 x elm trees (both fronting Victoria Street) and the Stawell Street Wall. Another overlay called an Environmental Audit Overlay is also proposed to be placed on the site which requires an environmental audit prior to development to investigate possible contamination.

There will also be other changes to the planning scheme including the City of Ballarat Heritage Citation: Former Ballarat Orphanage 2012 as a reference document in the planning scheme, amend the Ballarat Heritage Precincts – Statement of Significance, 2006 to remove the rear part of the site and amend the Ballarat Planning Scheme Heritage Control - Incorporated Plan (revised, 2008) to reference the magnolia tree and the elm trees on the Victoria St frontage.

Of particular importance is the Development Plan Overlay (DPO).  This document provides details on what will occur on the site and what the future applicant will need to comply with.  It covers topics such as open space, areas for commemoration, traffic, pedestrians and subdivision design.

 

C164 Map

 

 

 







 


For further information please contact:

Strategic Planning
P: +61 3 53205 536
E: strategicplanning@ballarat.vic.gov.au

Alternatively please contact:

City of Ballarat Customer Services
The Phoenix
25 Armstrong Street South
Ballarat, Vic 3350

PO Box: 655
Ballarat, Vic 3353

P: 03 5320 5500
F:
03 5333 4061
E:
ballcity@ballarat.vic.gov.au

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