Why is the Amendment needed?
Council has identified various parcels of land throughout the municipality where the existing zone (the zone sets out the types of uses that may occur on that land) does not reflect the existing or intended use of the land.
Many reserves and parks in Banyule are either partly or fully zoned as residential land. These parks and reserves physically look like and operate as open space, however their planning zone does not match their use.
There are also properties in Banyule that are zoned as open space, yet serve a residential or education/utility public use.
In addition Council has identified five properties which have a small section that is incorrectly zoned. Rezoning these sections to match the rest of the property will ensure the whole property has a single planning zone.
What does the amendment do?
We propose to include Amendment C124 into the Banyule Planning Scheme. The amendment rezones various parcels of land and ensures these properties have a planning zone appropriate to their use.
- ensure land being used as public open space is correctly zoned (i.e.parks and reserves)
- ensure land that has an open space zoning but is not being used as open space is appropriately zoned
Amendment C124 proposes to:
- Rezone 142 council parks and reserves that are currently used as public open space but are not zoned for this purpose. The list of addresses is available in the Explanatory Report and areas are shown in the combined maps.
- Rezone or partial rezone of three parcels (noted below) of council owned land zoned Public Park and Recreation Zone or Public Conservation and Resource Zone that have been proposed for sale and require rezoning to be consistent with future land use.
This Council owned land is proposed to be rezoned from Public Park & Recreation Zone (PPRZ) to Neighbourhood Residential Zone 3 (NRZ3). The property includes a residential house and rezoning will ensure it is consistent with neighbouring residential properties and prepare the land for future sale. The PPRZ zone applies to the adjacent reserve at the rear of the property.
A section of this reserve is proposed to be rezoned from Public Conservation & Resource Zone (PCRZ) to Neighbourhood Residential Zone 3 (NRZ3). The section of this reserve is currently enclosed within a neighbour’s fence line and is not accessible to the public, rezoning will allow the sale of the land that is currently being used for residential purposes.
A small section of this land is proposed to be rezoned from Public Conservation & Resource Zone (PCRZ) to Neighbourhood Residential Zone 3 (NRZ3) and a Restrictive Covenant and Recreation Purposes Reservation to be removed. The section of land is currently occupied by and licenced to a neighbouring property. Rezoning and removing the restrictive covenant and reservation status will allow the sale of the land which is currently being used for residential purposes.
The Restrictive Covenant and Recreation Purposes Reservation applies to the large parcel of Council owned land (known as 1 Liberty Parade, Ivanhoe) adjoining Darebin Creek at the rear of Curzon Street and Liberty Parade properties. The Covenant restricts the use of the land to a recreation reserve. A copy of the Restrictive Covenant, the Plan of Subdivision PS630027Q and the Proposed Plan of Subdivision PS813368T are available under the document library.
3. Partial rezone of five properties so they have one planning zone for the entire property. These properties have been included in the Amendment as they adjoin a Council reserve and have been identified as having small sections of land incorrectly zoned.
- 13-25 Seymour Road, VIEWBANK
- 27 Seymour Road, VIEWBANK
- 1-11 Seymour Road, VIEWBANK
- 115a Bonds Road, VIEWBANK
- 51a Seymour Road, VIEWBANK
4. Rezone two electricity supply reserves from public open space to public use zone (service and utility)
- 62a Cheadle Crescent, BUNDOORA
- 9 Liddesdale Grove, ST HELENA
5. Rezone three parcels incorrectly zoned public open space to ensure zoning is correct and consistent with use.
- 22 Wallowa Road, ELTHAM NORTH (the site fronting Wallowa Road occupied by St Helena Preschool)
- 50 Wallowa Road, ELTHAM NORTH (parcel known as 28 Wallowa Road)
- 49 Manton Street, HEIDELBERG