C186 - Increase to Public Open Space Contributions

The City of Stonnington has prepared Amendment C186 to the Stonnington Planning Scheme.

The amendment applies to the whole municipality of the City of Stonnington and will apply to all non-exempt residential, mixed use, commercial and industrial subdivisions.

The amendment proposes to increase the public open space contribution rate that currently applies to subdivisions.

Specifically, the amendment proposes to:

  • Replace the Schedule to Clause 52.01 Public Open Space Contribution and Subdivision with a new Schedule that specifies a flat rate of an 8% levy on all non-exempt subdivisions.
  • Make changes to the Municipal Strategic Statement to facilitate the above. 


Exhibition of the Amendment commenced on 14 November 2013 and closed on 20 December 2013. The exhibited Amendment documents can be found in the Documentation area on the right hand side of this page (under C186 Exhibited Documents).

Please note that during exhibition of the amendment, Council’s Municipal Strategic Statement (Amendment C161) was approved by the Minister for Planning and introduced into the Stonnington Planning Scheme.

Subsequently, revised Strategic Documents need to be updated and will be provided at the upcoming Panel Hearing.


In total, Council received 19 submissions in response to Amendment C186.

Council considered submissions on Amendment C186 at its meeting on 3 February 2014. Council resolved to request the Minister for Planning to appoint a Panel to hear all submissions and consider the amendment. The report taken to Council and the summary of the issues raised in submissions and Council’s response can be found under C186 Council Reports.

Planning Panel

On 26 February 2014, Council received notification from the Department of Transport, Planning and Local Infrastructure (DTPLI) that the Minister for Planning has appointed a Panel to consider submissions made to Amendment C186. Upon request, all submitters will be given the opportunity to present at the Panel Hearing. All submissions to the Planning Scheme Amendment have been referred to the Panel.  

The initial Panel Hearing for Amendment C186 scheduled for two days (4 and 5 June 2014) was deferred following additional preliminary matters being raised at Panel.

Subsequently, Council has agreed to make the following information available:

By 13 June 2014, the Stonnington City Council will provide to the Panel, and make available on its website, copies of the following documents (which copies may be redacted to remove confidential or privileged information or information which must not be released by law [e.g. privacy provisions]): 

  1. the document that is identified as Confidential Minutes Number 13, Council Meeting 5 August 2013, insofar as it relates to Item 3, Strategies for Creating Open Space;
  2. the officer report that led to the recommendation set out in the Confidential Minutes Number 13, Council Meeting 5 August 2013, insofar as it relates to Item 3, Strategies for Creating Open Space;
  3. the document entitled "Creating Open Space Implementation Summary";
  4. extracts from the documents forming part of the Creating Open Space Strategy – Land Acquisition Strategy [suburb] for each precinct that forms part of the Creating Open Space document which are not claimed to be confidential or privileged; and
  5. the briefing note from Stonnington City Council to SGS prepared by Simon Thomas and Geoff Ovens described as Strategic Land Acquisition - Strategy.

A copy of the above items is available on this website under the Panel Documents tab.

The Panel also made other suggested orders which are contained within the attached correspondence being the preparation of an Affidavit as follows:

By 13 June 2014, the Stonnington City Council will provide to the Panel, and serve on the submitters to the Amendment, an affidavit, sworn or affirmed by the officer of the Council principally responsible for the preparation of the Amendment, which sets out the documents that the officer believes are within the Council's possession or power which were relied upon in the preparation of the Amendment, including documents provided to SGS Consultants in relation to the preparation of expert evidence, and which identifies documents (or parts of documents) in respect of which Council claims privilege (including the basis of the claim for privilege) or which are confidential (including a brief explanation as to why it is confidential).

This information will be made available upon written request.

Next Steps

A second Directions Hearing was scheduled for Thursday 2 July 2014.

On 4 July 2014, Planning Panels Victoria advised that a Public Hearing is scheduled to start on Monday 1 December 2014 at Planning Panels Victoria, 1 Spring Street.

A timetable for the Hearing will be made avaliable on the website when received.

Council has engaged  expert evidence from Aspect Studios and SGS Economics and Planning to provide expert opinions with regard to Council’s amendment. A copy of the expert witness statements and reports will be made available when finalised.

Any enquiries about the amendment should be directed to Alastair McKenzie, Coordinator, Strategic Planning on 8290 1370.