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.

At its meeting on 2 September 2013 Council resolved to apply to the MInister for Planning to obtain authorisation to prepare and exhibit an amendment to the Planning Scheme. 


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.

Panel Hearing

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 Panel hearing for Amendment C186 was scheduled for two days (4 & 5 June 2014). The Panel was adjourned on 4 June and reconvened at 2.15pm on 5 June 2014. The Panel has directed Council to make a number of documents available on its website and the Panel hearing has been deferred.

Additional information

In accordance with the directions outlined in the Planning Panels letter (dated 10 June 2014) Council makes the  following information available on its webpage by 13 June 2014 (copies in redacted form to remove confidential or privileged information or information which must not be released by law):

A - Council Meeting 5 August 2013 - Confidential Minutes Number 13;

B - Council Meeting 5 August 2013 - officer report;

C - Creating Open Space Implementation Summary;

D - 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

E - 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 documents listed above can be found on this webpage In the Documentation area under the C186 Planning Panels tab.

The Panel has also directed Council to provide to the Panel, and serve on the submitters to the Amendment, an affidavit. This affidavit is to be 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.

Council will make this information available upon written request.

Next Steps

A second Directions Hearing is scheduled for Thursday 2 July 2014 at Planning Panels Victoria, Hearing Room 1 (Ground Floor, 1 Spring Street, Melbourne).

Council has engaged 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 on the Council website following receipt of further directions.

In accordance with the Panel Directions, any submitter who still wishes to make a submission to the Panel in relation to documents held by Council, must notify the Panel and Council in writing of their intent to make such a submission and the substance of the submission by 25 June 2014.

Any enquiries about the amendment should be directed to Alastair McKenzie on 8290 1325.