The Site located within the Gipps Street Major Employment Precinct (MEP) Collingwood and is covered by the Commercial 2 Zone which does not allow properties to be used as a residential dwelling.

There are currently a number of properties within the Site that are being used as residential dwellings and are not allowed under the zone (Commercial 2 Zone).

In 2017 Council received an objection against a nearby office proposal. Council became aware of properties being used as homes within the Site and we were obliged under legislation to start enforcement action.

If changes are not made to the Yarra Planning Scheme (the Scheme) Council is obliged under legislation to proceed with enforcement action. This may result in a number of residents being evicted from their properties.

The proposed planning controls would formally legalise the residential uses and apply conditions identified properties.

Why is Council considering this request?

This amendment request has been considered by Council due to the unusual permit allowing numerous caretaker residence within the Site and the significant impact enforcement action may have on residents.

Planning permits were granted in 1995-1997 to facilitate a mix use development consisting of office, warehouse and caretaker residences.

These permits would not be issued in this way in today’s context. These permits were issued in a different policy context and were to facilitate small/creative business owners to work/live at the property to facilitate the reuse of the building on the Victorian Heritage Register.

Typically, councils are not supportive of single site amendments unless they are strategically supported more broadly and achieve clear and tangible benefits. The City of Yarra’s Spatial Economic and Employment Strategy 2018 (SEES) outlines that site-specific zone changes should be avoided.

Currently, there is also no planning controls to manage residential within the Gipps St MEP .

These conditions would manage potential land contamination and ensure that the residential uses would not adversely impact on the operation of the surrounding current and future non-residential employment uses.

The main objectives are to:

• Allow the Identified Properties to be used as a dwelling in accordance with conditions to manage the use
• Ensure that the dwellings do not adversely impact the normal operations of the surrounding current and future non-residential (commercial) land-uses with the Gipps St MEP.

This is achieved by applying the Special Control Overlay (SCO22) to the land which is connected to a new incorporated document.

Amendment C247yara allows 20 out of 29 properties within the Site to be used as a dwelling. C247yara places conditions on these properties. Further detail on specific changes are outlined within the Explanatory Report and Instruction Sheet.

Managing conflict between residential and commercial uses

Conditions have been proposed to manage potential conflict with commercial and residential uses. The main objective is to do not adversely impact the normal operations of the Gipps St MEP.

A condition has been proposed that requires the owners to enter a Section 173 agreement with the Council to properly manage the amenity expectations of the residents within the Site. More information can be found within the Incorporated Document.

There is a proposed condition that includes owners to enter a Section 173 agreement with the Council agreeing to make reasonable adjustments to their properties to manage noise impacts of surrounding commercial uses. This would be at their cost and only if they choose to do so.

More information can be found within the Incorporated Document.

Expiry condition

There is an expiry condition proposed to ensure current residents have security in tenure for as long as they remain at the Site, while requiring the lots to transition back to the intended commercial use should they decide to vacate the site.

If the residential use has been unoccupied for a continuous period of 2 years or has not stopped for two or more periods which together total 2 years in any period of 3 years.

This is consistent with other requirements in the state wide provisions of Victorian planning schemes.

Managing land contamination on the site

There are conditions proposed that ensure potential land contamination is managed.

The incorporated document sets up a framework for an environmental audit statement under must be issued as soon as reasonably practicable if it is required. If an audit is prepared and sets out further conditions owners of identified properties must enter into an agreement as soon as reasonably practicable with the Council.

If the Environmental Audit Statement contains conditions or recommendations of an ongoing nature, the owners of all affected Identified Lots must enter into an agreement as soon as reasonably practicable with the Responsible Authority.

There are six stages in the draft amendment process:

The Amendment is currently at the second stage of the process: Exhibition.

The Minister for Planning has provided permission to place the Amendment on public exhibition.

Anyone may make a submission to the Amendment providing support, objection and/or suggested changes.

Once the exhibition period has closed, Council will consider submissions and next steps at a future meeting likely to be held in the first half of 2025.

You can find more about the Yarra Planning Scheme and Amendments on our website.

• Explanatory report (PDF)
• Instruction sheet (PDF)
• Incorporated document (PDF)
• Specific control overlay (PDF)
• Specific control overlay with track changes (PDF)
• Incorporated documents - Schedule to clause 72.04 (PDF)
• Incorporated documents - Schedule to clause 72.04 with track changes (PDF)

Select the link below to see the proposed changes on a map.

• Mapping changes for Amendment C247yara

• Urban planning report (PDF)
• Economic considerations report (PDF)
• SGS Peer review (PDF)
• Heritage report (PDF)
• Traffic engineering assessment (PDF)
• Car parking memorandum (PDF)
• Accoustic assessment (PDF)
• Development application acoustic review (PDF)
• Detailed site investigation (PDF)
• Soil vapour risk assessment (PDF)
• Site management plan (PDF)
• Contamination peer review (PDF)
• Auditor verification (PDF)