New planning controls for Fishermans Bend released

October 2018

Source: Fishermans Bend Framework Plan 2018 (DELWP)

After much anticipation, and only weeks away from the commencement of caretaker period, on Friday October 5 the Minister for Planning gazetted Amendment GC81, introducing a suite of planning controls for the Fishermans Bend urban renewal precinct. The gazettal follows a public consultation process and replaces the interim controls which had previously applied within the precinct.

Amendment GC81 introduces a number of mandatory and discretionary land use and built form requirements for each of the four precincts within Fishermans Bend. Notable controls include:

  • A mandatory maximum dwelling density requirement, which can only be exceeded through the provision of social housing within a development.
  • Nomination of new public open spaces, roadways and laneways to be provided as part of redevelopment schemes.
  • Both discretionary and mandatory building height, street wall height and building setback requirements.
  • Revised policy seeking a minimum of six per cent of dwellings to be provided as “affordable” housing.
  • Introduction of a new Infrastructure Contributions Plan Overlay, which prohibits the grant of a planning permit in the Fishermans Bend precinct until such time as the plan is approved. The Minister for Planning anticipates approval by mid-2019.
  • Reduced maximum car parking provision for specified land uses.

For the 26 live applications called in by the Minister earlier in the year, a standing advisory committee will be established to consider proposals for site-specific controls advanced by way of proponent-led Planning Scheme Amendments. Variations to some of the new planning controls, including the maximum dwelling density thresholds, will be considered for these sites. This measure appears to have been adopted by the Minister to offset the absence of transitional provisions for existing permit applications.

It is understood that any new planning applications within Fishermans Bend will also be subject to a standing advisory committee process, until such time as an Infrastructure Contributions Plan is approved. New applications will, however, be subject to the newly gazetted controls, including their mandatory provisions.  

Stay tuned for further updates on this matter. For more information or advice on how Amendment GC81 may impact current or future planning permit applications, please contact your existing SJB Planning contact.

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