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Amendment C151 & Planning Permit Application KP16/134

Peninsula Kingswood Country Golf Course (179-217 Centre Dandenong Road, Dingley Village)

Kingston Council at its Special Council Meeting at 7pm on Wednesday 17 October resolved to Abandon Amendment C151 for the redevelopment of the Kingswood Peninsula Golf Course in Dingley Village.

Tract Consultants on behalf of ASRP, 1 have submitted a request to rezone the Peninsula Kingswood Country Golf Course to facilitate the redevelopment of the land for residential purposes. The request also seeks approval of a Planning Permit application for the subdivision and development of the land.

What is being proposed?

The Amendment seeks to rezone the land to facilitate its redevelopment for residential purposes. Specifically, the Amendment seeks to:

  • Rezone the land from part Special Use Zone (Schedule 1) and part General Residential Zone (Schedule 3) to General Residential Zone (Schedule 2).

  • Amend and apply a new Clause 42.01 Environmental Significance Overlay (Schedule 3) to protect and conserve trees that have been identified as significant and worthy of inclusion in the City of Kingston Register of Significant Trees, 2007.

  • Insert and apply  a new Clause 42.01 Environmental Significance Overlay (Schedule 6) to address  landfill gas migration.

  • Insert and apply a new Clause 42.01 Environmental Significance Overlay (Schedule 7) to address groundwater contamination..

  • Insert and apply a new Clause 42.02 Vegetation Protection Overlay (Schedule 3) to protect and conserve identified trees.

  • Insert Clause 42.03 Significant Landscape Overlay.

  • Insert and apply   a new Clause 42.03 Significant Landscape Overlay (Schedule 1) to protect and conserve groups of identified vegetation.

  • Apply Clause 43.04 Development Plan Overlay (Schedule 8) to guide the future use and development of the land. 

  • Amend Clause 21.04 (Vision) of the Local Planning Policy Framework to include the subject site as an ‘Area for promotion of increased Housing Diversity’.

  • Amend Clause 21.05 (Residential Land Use) of Local Planning Policy Framework to include the subject site as an ‘Area for promotion of increased Housing Diversity’.

  • Amend Clause 21.11 (Open Space) of the Local Planning Policy Framework to remove reference to the Kingswood Golf Club.

The planning permit application seeks approval for:

  • The subdivision of the land into 508 lots and 6 superlots.

  • Development of lots less than 300 sqm.

  • Creation of access to Road Zone Category 1.

  • Buildings and works (earth works).

  • Removal of native vegetation.

Development Plan

The Amendment application includes a Development Plan, the preparation of which is a requirement under the proposed Development Plan Overlay (Schedule 8). The Development Plan shows how the site could be developed in future and addresses a range of issues including built form, traffic and transport, public open space, drainage and vegetation.

The Development Plan can be prepared at any time but must be endorsed by Council before a planning permit can be issued for the redevelopment of the site.

The applicant has requested that Council exhibit the proposed Development Plan with the Planning Scheme Amendment and Draft Planning Permit. This will provide the community with the opportunity to make submissions in relation its content.

How do I make a submission?

Any person who may be affected by the Amendment or by the granting of the permit may make a submission.

Submissions must be made in writing giving the submitter’s name and contact address, clearly stating the grounds on which the Amendment is supported or opposed and indicating what changes (if any) the submitter wishes to make.

Name and contact details of submitters are required for Council to consider submissions and to notify such persons of the opportunity to attend Council meetings and any public hearing held to consider submissions.

The planning authority must make a copy of every submission available at its office for any person to inspect free of charge until two months after the amendment comes into operation or lapses.

The closing date for submissions is close of business Thursday 30 August 2018. 

Submissions can be made:



Post:               City of Kingston, Strategic Planning PO Box 1000, Mentone 3194

To download and print the submission template click here

Please note that any submissions lodged with Council prior to the 19 July 2018 must be resubmitted in order to be considered as part of the formal Planning Scheme Amendment process.

What happens if I make a submission?

Submissions are public documents and Council must consider all submissions received during the exhibition period for the amendment. If concerns raised in submissions cannot be resolved by making changes to the amendment, Council is required to decide whether to abandon the Amendment or refer all submissions received to an independent Planning Panel.

If the amendment is abandoned it is the end of the Council process.  The Applicant then has the option to apply directly to the Minister for Planning to make the decision.

What is a Planning Panel?

A Planning Panel is an independent panel of experts appointed by the Minster for Planning.  Subject to Council resolution to refer the Amendment to a Planning Panel, the panel will hold a hearing where all submitters have the opportunity to be heard.

Preliminary hearing dates have been set as follows:

·  The Directions hearing will occur in the week of 5 November 2018

·  The Panel hearing will commence in the week of 3 December 2018

The Planning Panel will provide a report to Council with a recommendation to either:

·  Adopt the amendment as exhibited

·  Adopt the amendment with changes

·  Abandon the amendment

Council is then required to consider the amendment, including the Panel Report, at a Council Meeting. If the amendment is adopted by Council it will be submitted to the Minister for Planning for approval. If the amendment is abandoned by Council it is the end of the Council process.

Further details about any Planning Panel hearing and confirmation of specific dates will be promoted on Council’s website and provided to anyone that makes a submission in relation the Amendment.

For more information please refer to Planning Panels Victoria website

What is an Advisory Committee?

A request has been made by the proponent for Council to consider the appointment of a joint Planning Panel and Advisory Committee to enable the consideration of the proposed Development Plan with the Planning Scheme Amendment and Planning Permit Application. This request is subject to Council resolution following the close of the exhibition period.

What happens next?

If you make a submission you will be updated as the amendment progresses. If you don’t make a submission Council will not contact you again.

Where can I find more information?

The Amendment is available for public inspection, free of charge, during office hours at the following places:

 Questions & Answers

What is being proposed?

1.    The proponent (land owner ASRP) is seeking approval to:

  • Rezone the entire site to the General Residential Zone Schedule 2.

  • Apply the following Overlays:

  • Development Plan Overlay (Schedule 8) to regulate development of the site

  • Environmental Significance Overlay (Schedule 3) to protect 10 significant trees

  • Environmental Significance Overlay (Schedules 6 and 7) to address potential risk of site contamination

  • Vegetation Protection Overlay (Schedule 3) to protect trees on future private lots

  • Significant Landscape Overlay (Schedule 1) to protect trees in public open space

  • A concurrent Application for a Planning Permit which proposes:

  • Subdivision of the land into 508 individual dwelling lots and 5 super lots, plus a lot which contains the existing Clubhouse.

  • Removal of native vegetation

  • Alteration of access to a Road Zone Category 1

  • Development on lots less than 300 square metres

2.     How many dwellings are proposed and what would be the future population if approved?

The application proposes the creation of 508 individual house lots and six larger ‘super lots’ would need to go through a future planning permit approval process once a detailed application is made. If the site was developed generally in accordance with the submitted plans it is estimated that it could accommodate a future resident population of up to 2,000 people.

3.     How much traffic will be generated by the proposal and how will it be managed?

The proponent has provided traffic information based on a proposed future yield of 800 dwellings. The submitted traffic report indicates that this level of development would result in approximately 5,820 vehicle movements per day and 582 vehicle movements per peak hour.

The proponent has proposed the following measures to deal with the anticipated increase in traffic generated by the proposal:

    • A signalised traffic
    • intersection on Centre Dandenong Road. Detailed plans will need to be approved by VicRoads.
      • The applicant’s traffic report and plans will be referred to VicRoads for formal advice. VicRoads will review traffic impacts and site access arrangements.

      4.     How will flooding be dealt with on site?

      Melbourne Water has advised that they require onsite treatments that will reduce the current flooding impacts experienced downstream of the site by existing residential properties. Hydraulic modelling undertaken by the proponent’s drainage engineers has used a model provided by Melbourne Water, which is based on the Mordialloc Settlement Drain Flood Mapping project.

      The applicants  Drainage Strategy will be formally referred to Melbourne Water for assessment, which may, or may not, specify further requirements or conditions that would need to be satisfied in order to achieve their support for the proposal. Council’s drainage engineers will also review the proposal further and provide additional advice as required.

      5.     How much public open space will be provided on the site?

      The proposal seeks to provide 11.04 hectares of encumbered and unencumbered open space on site comprising:

      6.45 hectares or 12.09% of the site as unencumbered open space that is not impacted by flooding or drainage constraints.

      4.59 hectares or 8.6% of the site as encumbered open space, the majority of which comprises retarding basins which are proposed to be owned and managed by Melbourne Water.  

      6.     What vegetation is proposed to be retained on site?

      The site has a total of approximately 1348 trees and groups of trees on site. Approximately 1018 trees are proposed to be removed and approximately 330 are proposed to be retained.

      Four stands/groupings of trees are proposed to be retained within areas nominated for public open space, which will become Council-owned. These groupings generally comprise of River Red gums, Sugar gums, Stone pines and Smooth Barked Apple Myrtles and are proposed to be protected by a Significant Landscape Overlay.

      Trees that will be contained on individual house lots are proposed to be protected by a Vegetation Protection Overlay. Each of these lots will also have restrictions on their Certificate of Title showing building envelopes (restricts where buildings can be constructed on the lot) and a Tree Protection Zone on Title.

      Ten individually significant trees across the site are also proposed to be protected by an Environmental Significant Overlay and included in Council’s Significant Tree Register.

      7.     What will happen to animals when the vegetation is removed?

      Surveying undertaken by the proponent’s ecologists has found evidence of a variety of native and introduced fauna on the site, this includes evidence of several bird species, bats, reptiles and fish. Survey results have recorded whether the animal was seen or heard, numbers of these individual species have not been provided. Examples of species include several types of water birds, rats, turtles, skinks, frogs and rabbits.

       If the application proceeds, Council will require that a Fauna Management Plan be prepared and submitted by the applicant. This Plan would inform how fauna on the site will be managed during and post construction, including relocation to a new site where required.

      8.     What is the average lot size?

      The average lot size proposed across the site is 378 square metres. A variety of lot sizes are proposed – varying between 200 square metres and 560 square metres with larger lots generally located on the edge of the site where they interface with existing residential development.

      9.     How tall would new buildings on the site be?

      The proposed application of the General Residential Zone (Schedule 2) would restrict building heights to a maximum of 11 metres (3 storeys) across the majority of the site.

      Building heights are to be restricted to a maximum of two storeys on the perimeter of the site where lots share a boundary with existing residential development. It is also proposed that new buildings on these lots be setback a minimum of 5 metres from the rear boundary.

      10.     How will the impact on community infrastructure and active open space be managed?

      If the application proceeds, the proponent would be required pay a contribution towards community infrastructure and active open space. This contribution would go towards upgrading existing facilities within Dingley Village.

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