Minister intervenes in the ‘Great Wall’ of high rise development in Frankston

10 July 2023
Andrea Towson, Partner, Melbourne

Last week the Minister for Planning approved Amendment C162, which applies the Design and Development Overlay Schedule 14 (DDO14) on an interim basis (until 27 October 2023), to land bordered by Nepean Highway, Kananook Creek Boulevard, Beach Street and Wells Street, Frankston (the Amendment).

The Amendment amends Planning Scheme Map No. 4DDO and inserts a new Schedule 14 to Clause 43.02 (DDO14) into the Frankston Planning Scheme.

The new DDO14 control applies:

  • a mandatory maximum building height of 12 metres (three storeys); and
  • a mandatory 3 metres building setback to Kananook Creek Boulevard.

The Age reported that a spokesperson for the Minister said the decision to implement the Amendment came after Frankston City Council had requested authorisation for the Frankston Metropolitan Activity Centre Structure Plan (FMAC Structure Plan).

A decision about whether to authorise preparation of the FMAC Structure Plan has not yet been made by the Minister.

Notably, the land the subject of this Amendment is the only precinct in the Frankston MAC between the Nepean Highway and the Port Phillip Bay foreshore where currently no building height controls apply.

If it is now the intention of Council that no high density housing is to be concentrated around the Kananook Creek area, this must be clarified in the FMAC Structure Plan. The FMAC Structure Plan must also identify appropriate locations within Frankston where high density housing is to be encouraged and to deliver certainty and transparency to all stakeholders, specific housing targets should be nominated in the FMAC Structure Plan.

If you have any specific queries regarding this Amendment or the FMAC Structure Plan, please contact Andrea Towson or Sophia Michailides of Gadens.

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Authored by:

Andrea Towson, Partner
Sophia Michailides, Associate

This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.

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