Amendment C142: Moreland Apartment Design Code (MADC) (previously known as the Higher Density Design Code)
About Amendment C142
Amendment C142: Moreland Apartment Design Code (MADC) - previously known as the Moreland Higher Density Design Code (MHDDC) - is a proposed amendment to the Moreland Planning Scheme to introduce the MADC into the Scheme.
The MADC aims to improve the quality of development of five or more storeys in Moreland, particularly for apartment-style developments. It provides a comprehensive set of objectives, standards and decision guidelines for assessing these types of development applications.
Download the MADC's Objectives, Standards and Decision Guidelines (DOC 1Mb) adopted by Council on 12 August 2015, the MADC Reference Document (PDF 8Mb) and the MADC Checklist (DOC 176Kb). Applicants are required to complete the checklist when lodging an application that requires a MADC assessment.
Download the updated Local Planning Policy Framework that includes changes proposed as part of Amendment C142.
Clause 21.02 - Vision (DOC 11Mb), Clause 21.03 - Strategic Framework (DOC 1Mb) and Clause 21.04 - Reference Documents (DOC 2Mb).
Download the Amendment C142 Information Sheet (DOC 1Mb)or the Amendment C142 Information Sheet (PDF 511Kb) for further information and the MADC Questions and Answers Sheet (DOC 3Mb).
Status update (February 2017)
Council resolved on 8 Febraury 2017 to seek a variation to Amendment C142 to insert MADC's requirements on lightwells and building separation standards into Clause 22.07 of the Moreland Planning Scheme. The purpose of seeking these variations is to supplement standards that were deleted from the final version of the Better Apartments Design Standards (BADS) announced by the Minister for Planning in December 2016. Download the revised Clause 22.07 (PDF 261Kb) and the relevant Council report from 8 February 2017 (DOC 119Kb).
On 13 June 2016 the Minister advised Council that he has decided to "Make no decision on Amendment C142" further noting that he would "reassess this decision once the outcomes of the (State led) Better Apartments project are known". C142 Minister's Decision (PDF 515Kb)
Importantly, the Minister noted that "in making this decision, I acknowledge that, pursuant to section 60(1)(h) of the Act, a responsible authority must consider, before deciding on an application, any amendment to the planning scheme which has been adopted by a planning authority but not, as at the date on which the application is considered, approved by the Minister or a planning authority".
This means that Council must continue to consider and give weight to Amendment C142 MADC being a Council adopted amendment by a planning authority.
Consideration of Panel recommendations
Council received the Amendment C142 Panel Report in June 2015. View the Amendment C142 Panel Report (PDF 853Kb).
Council considered the recommendations of the Panel at its meeting on 12 August 2015. View the Council Report on the Council Meeting page.
Council resolved to Adopt Amendment C142 subject to changes as documented in the Response to Panel Recommendations (PDF 241Kb) and to submit Amendment C142 to the Minister for Planning for Approval.
The Amendment was submitted to the Department of Environment, Land, Water and Planning on 24 September 2015.
The Minister for Planning decides whether to approve the Amendment. If approved, a Notice will appear in the Government Gazette and Council will notify all submitters and the broader local community. New planning controls would come into effect on the day the Amendment is gazetted.
Submissions to original Amendment C142
Amendment C142 was originally exhibited between December 2012 and March 2013. Fifty submissions were received from developers, planning consultants, architects, local resident groups and individuals. In summary, the main issues raised were:
- A state wide guideline should be prepared, not a local one
- Some of the standards affect the viability of development
- The Code should seek to achieve a higher level of environmental performance, particularly landscaping
- The Code should not be supporting higher density development, and
- The Code has a number of inconsistencies, unnecessary duplication and vague standards.
You can read the submissions received by council during the original exhibition period:
Revised Amendment C142
Council considered the submissions to the original draft of Amendment C142 at its meeting on 9 July 2014. At the meeting it resolved to undertake further consultation prior to requesting an independent panel. Reference is made to the amendment and the submissions in the Council Meeting minutes 9 July 2014.
In response to submissions, and from its own internal review, Council has revised the Amendment C142 document to provide a more logical structure and to ensure the objectives, standards and decision guidelines are reasonable, clear and understandable.
View revised Amendment C142 documents
Documents relating to the Amendment:
- C142 Explanatory Report - revised (PDF 52Kb)
- C142 Gazette Notice - revised (PDF 24Kb)
- C142 Clause 21.05 - revised (PDF 1Mb)
- C142 Clause 22.02 - revised (PDF 47Kb)
- C142 Replacement Clause 22.11 - revised (PDF 341Kb)
- C142 Clause 81.01 - revised (PDF 28Kb)
- C142 Contents Page - revised (PDF 177Kb)
- C142 List of Amendments - revised (PDF 30Kb)
Submissions to revised Amendment C142 (updated January 2015)
Council also resolved to re-exhibit the revised Amendment C142 and seek submissions. This decision was made because Council made substantial changes to the MADC (previously known as the Moreland Higher Density Design Code - MHDDC).
The closing date for submissions was 3 October 2014. Thirteen (13) submissions were received. View submissions received by council during the exhibition period and a summary:
The Panel Hearing to consider the Amendment was held on 23, 24 and 25 March and 9 April 2015.
Download the Amendment C142 Council Submission to the Panel (PDF 2Mb).
Expert witness reports for Planning Panels Victoria Hearing (March 2015)
The following information and expert evidence reports are provided in accordance with Directions 5, 6 and 9 of the Panel:
Information supplied by Council:
Testing by Design Reports :
- Moreland City Council Apartment Design Code Testing, Prepared by Hayball, December 2014 (PDF 13Mb)
- Moreland City Council Apartment Design Code Testing, Prepared by SJB, January 2015 (PDF 12Mb)
Post exhibition refinements to the exhibited documents (Track changes):
- Contents page (DOC 1Mb)
- Clause 21.02 – Vision (DOC 11Mb)
- Clause 21.03 - Strategic Framework (DOC 1Mb)
- Clause 21.04 - Reference Documents (DOC 2Mb)
- Clause 22.07 – Moreland Apartment Design Code (DOC 264Kb)
- Schedule to Clause 81.01 (DOC 1Mb)
Experts appearing on behalf of UDIA (Vic):
Experts appearing on behalf of Sedmap Investments Pty Ltd:
Better Apartments Discussion Paper
The Minister for Planning launched the Better Apartments: A Discussion Paper in May 2015. Submissions closed on 31 July 2015. Council noted the Officer Submission to the Better Apartments Discussion Paper (PDF 142Kb) at its meeting on 12 August 2015. It is anticipated the MADC would be superseded if any State-wide guidelines were introduced.
For further information relating to the amendment process and exhibition, contact Council's Strategic Planning Unit on 9240 1111 or email email Strategic Planning.
There are documents on this page in PDF-only format. If you have trouble opening or viewing a PDF document, contact Council and we will arrange to provide the information in a format that suits your needs. See Council's accessibility page for further details.