Planning Scheme Amendment C275morn seeks to implement the Rye Urban Design Guidelines through the introduction of a Design and Development Overlay.

This Design and Development Overlay would introduce a maximum height limit of 3 storeys (11.5m) in the commercial area and design controls to the town centre as a whole.

Similarly, the amendment proposes to rezone a segment of residential land in the heart of the township to Mixed Use Zone, as per the recommendations of the adopted Rye Township Plan.

The amendment will ensure the protection of the low scale character of Rye and encourage high quality built form within the commercial core of the township.

The amendment applies to the commercial core of the Rye township, and a segment of abutting residential land along Grace Street, Nelson Street, and Hunt Avenue.

Map 1: The area proposed for the introduction of a new Design and Development Overlay (DDO58).

Map 2: Areas proposed to be rezoned to from Residential 1 Zone to the Commercial 1 Zone (C1Z) and Mixed Use Zone (MUZ)

The amendment is required to give statutory effect to the Rye Urban Design Guidelines, along with the Rye Township Plan. These strategies set out the vision for the future development and growth of Rye.

Design and Development Overlay

Schedule 58 to the Design and Development Overlay is applied to the commercial centre of Rye, to ensure the low scale character of the township is maintained and that a sustainable and clear vision for future growth is established.

The Schedule provides design objectives around building heights, with a maximum building of three stories (11.5m) across the commercial area of the township, and a two storey (9m) height limit within the Mixed Use Zone area of the township.

The Design and Development Overlay also includes guidance around building setbacks, materials and interfaces with the public realm, amongst others.

Rezoning

Rezoning of some residential land directly abutting the commercial core of the township to both Mixed Use Zone and Commercial 1 Zone is a key recommendation from the adopted Rye Township Plan.

The rezoning will provide for increased commercial floor area within immediate proximity to the township, meeting the growing needs of Rye and also addressing the commercial floor space demands as set out under Council’s Activity Centre Strategy 2018.

This area is well serviced with infrastructure to accommodate appropriate commercial uses, and the proposed Schedule to the DDO ensures that any built form in this area will be residential in appearance and will address the necessary amenity considerations.

A segment of residential land along Nelson and Grace Street is proposed to be rezoned to Mixed Use Zone to reflect the Rye Township Plan.

This area is currently an established residential area with low scale and low density built form.

The Mixed Use Zone has been selected as it is the appropriate planning tool to facilitate the transition of this area towards more commercial and non-residential uses, whilst still enabling residential uses to continue.

The land identified is appropriate for commercial uses, subject to meeting the built form requirements as set out in the proposed Schedule 58 to the Design and Development Overlay and Schedule 1 to the Mixed Use Zone.

The amendment proposes rezoning of several parcels of residential land along Dundas Street (which fall within Precinct 1 of the Rye Urban Design Guidelines) to provide additional commercial floor space opportunities along this interface.

This area has been selected for commercial zoning as it directly abuts adjoining commercial uses; does not have sensitive interfaces, and the width of Dundas Street allows for larger buildings to establish without detracting from the character of this precinct.

It is also proposed to rezone the residential portions of 2415 Point Nepean Road (Rye Hotel) and 2447 Point Nepean Road to the Commercial 1 Zone, to resolve anomalies and ensure these sites are only within one zone.

You can inspect all documents relating to the amendment free of charge from Thursday, 11 February 2021 via the ‘Planning documents on exhibition’ webpage on the Department of Environment, Land, Water and Planning’s website.

Viewing of Submissions

Exhibition of the amendment concluded on Sunday, 28 March 2021. You can view all submissions below, which have been redacted to protect submitters’ privacy:

Amendment C275morn – submissions

Council Decision

Council is considering all submissions received during the exhibition period. If concerns raised in submissions can be resolved by making changes to the amendment, Council will decide whether to adopt the amendment with changes.

If concerns raised in submissions cannot be resolved by making changes to the amendment, Council will decide whether to abandon the amendment or refer all submissions to an independent planning panel. Council may also decide to split the amendment.

Council will decide at the following meeting:

  • Planning Services Committee Meeting – Tuesday, 15 June 2021

Next Steps

If Council decides to refer submissions to an independent planning panel, the panel will consider all submissions referred to it. It also gives anyone who made a written submission an opportunity to present their key points at the panel hearing. Submitters can present their submissions to the panel in person or be represented by another person. You can read more about planning panels and the panel hearing process via the ‘Guide to planning panels’ webpage on the Department of Environment, Land, Water and Planning’s website.

Council will consider the panel’s report and recommendations before deciding whether to adopt or abandon the amendment. If Council adopts the amendment with or without changes, the amendment is then submitted to the Minister for Planning for consideration and decision. If Council abandons the amendment, the Minister will be informed of Council’s decision.

If you made a submission, we will update you on the amendment’s progress. If you did not make a submission but would like to receive notification of the amendment’s progress, please click ‘Follow’ on the amendment’s webpage.

The following directions and panel hearing dates have been pre-set as a contingency if Council decides to refer submissions to an independent panel:

  • Directions hearing – to commence in the week beginning Monday, 12 July 2021
  • Panel hearing – to commence in the week beginning Monday, 9 August 2021