Planning Scheme Amendments - Amendment C115 - Mirboo North Structure Plan Refresh - Town Centre Implementation

Planning Scheme Amendment C115 implements the town centre recommendations of the Mirboo North Structure Plan Refresh (2017), specifically to deliver the town centre recommendations. Adopted by Council on 24 May 2017, the plan identifies the need for additional commercial land to serve a growing population and design controls to protect the town’s character as change occurs.

The preparation of the plan involved an economic analysis which provides a basis for the proposed rezoning. The plan also identifies the need to encourage land uses and development that focus pedestrian activity within the town and protect the design of the town centre to support local tourism.

Land affected by the Amendment

The Amendment affects Mirboo North and in particular its town centre, specifically:

• 4-6 Peters Street, Mirboo North and 39-41 Giles Street, Mirboo North are to be rezoned Commercial 1 Zone from Mixed Use Zone. Refer to Map 1 below. (NOTE: Panel Report recommends current zoning remain in place)
• Commercial 1 Zone, Public Use Zone and General Residential Zone properties in the town centre are to be affected the new Design and Development Overlay (DDO13). 
• Industrial 3 Zoned land affected by the Design and Development Overlay Schedule 2 (DDO2). Refer to Map 2 below.
• Changes to Clause 21.15-3 affect the entire town of Mirboo North.

What the amendment does

The Amendment proposes to implement town centre recommendations of the Mirboo North Structure Plan Refresh (2017) by:

• Updating the objectives and strategies in Clause 21.15-3 (Mirboo North);
• Updating Clause 21.15-3 (Mirboo North) to make reference to the Mirboo North Structure Plan Refresh (2017) as a reference document and removing reference to the Mirboo North Structure Plan 2004;
• Updating Clause 21.16 Reference Documents to include the Mirboo North Structure Plan Refresh (2017) as a reference document in the scheme and removing reference to the Mirboo North Structure Plan 2004;
• Rezoning 4-6 Peters Street, Mirboo North and 39-41 Giles Street, Mirboo North  from Mixed Use Zone to Commercial 1 Zone; (NOTE: Panel Report recommends current zoning remain in place)
• Inserting a new Schedule 13 to Clause 43.02 Design and Development Overlay to apply to the Mirboo North town centre; and
• Amending the Design and Development Overlay Schedule 2 (DDO2) to improve its usability and implement the town centre recommendations.

An Independent Planning Panel was appointed to consider the submissions received during the exhibition of Planning Scheme Amendment C115 as resolved by Council at their ordinary meeting in August 2019. A copy of the Panel Report is available here. The next step is for Council to consider its response to the Panel Report at a Council meeting in 2020. Exhibition of the amendment closed on Monday 11 June 2019.

The Amendment can be inspected free of charge at the Department of Environment, Land, Water and Planning website at https://www.planning.vic.gov.au/schemes-and-amendments/browse-amendments?query=c115sgip#Amendments--C115sgip.

Which properties in Mirboo North will be rezoned to Commercial 1 Zone?

• 4-6 Peters Street, and
• 39-41 Giles Street.

Can I still live in my house now it has been rezoned to Commercial 1 Zone (C1Z)?

Yes you can continue to live at your house even if your property is rezoned to C1Z because of existing use rights. More information about existing use rights is available at Clause 63 of the planning scheme.

How will my land being rezoned to C1Z affect my rates?

The amount of rates paid is based on the value of a property and levied according to the use of the property. A rezoning of land can affect the value of the land, however if the land use does not change from residential then the general rate category will not change. An increase or decrease in rates may result from the valuation review after rezoning.

Will the changes to the Design and Development Overlay 2 (DDO) on my land mean that I need a planning permit?

The planning permit requirements will be relatively unchanged for land in the Industrial 3 Zone. A planning permit is already needed for subdivision and most building and works. The Overlay seeks to improve urban design of the Industrial 3 Zone and reduce impacts on neighbouring properties. Primarily it seeks to reduce setbacks and encourage weather protection along Peters Street, to improve pedestrian amenity in this area. This is to ensure good urban design in the extended Commercial 1 Zone.

Will the new Design and Development Overlay 13 (DDO) on my land mean that I need a planning permit?

The planning permit requirements will be relatively unchanged for land in the Commercial 1 Zone. A planning permit is already needed for subdivision and most building and works. The Overlay seeks to improve urban design of the town centre to make it a more enjoyable place for pedestrians. It contains provisions encouraging glazing, weather protection and uniform setbacks to the street. 

Email: c115@southgippsland.vic.gov.au

Phone: Call 5662 9200 and ask to speak to the Strategic Planning team