The Amendment proposes to rezone part of the land at 40N Ballarto Road from Public Use Zone 7 'Other public use' to the PCRZ. The affected parcels are all part of the Pines Flora and Fauna Reserve and include:

• 2086/PP2619
• 2053/PP2619
• 2051/PP2619
• 2173/PP2619
• 2052/PP2619

Figure 4 shows the parcel of land known as 40N Ballarto Road, and Figure 5 shows the portion of land affected by the proposed rezoning to PCRZ (currently zoned Public Use Zone 7).

Figure 4 40N Ballarto Road, Frankston (red outline)

One submission opposed rezoning land parcels at 40N Ballarto Road to PCRZ and submitted:

• the site was once the primary government research facility but has been abandoned and buildings on site are in various levels of decay
• the current Public Use Zone 7 would align with its current use but is not ideal
• the Reserve has been allowed to grow over this area for years creating a possible fire hazard
• rezoning to PCRZ would impact the current use of facilities which exist upon the site, and its possible expansion
• the land should be:
  • - rezoned to the new Precinct Zone
  • - included within the metropolitan growth boundary
  • - developed as an affordable diverse hub, including housing, for the economic and social wellbeing of the community.

• land at 42N Ballarto Road was the site of the research facility (the rectangular parcel to the north of the proposed PCRZ is shown on Figure 5) and not land at 40N Ballarto Road
• land at 42N Ballarto Road is not included in this Amendment and is the subject of Amendment C155fran, considered by the Victorian Government Land Standing Advisory Committee in 2024 and is currently on hold
• land forming part of this Amendment is part of the Pines Flora and Fauna Reserve
• the Frankston Open Space Strategy 2016-36 identifies the Reserve as regional open space
• Parks Victoria requested Council to rezone the land to PCRZ to support consistent land management.

• the subject land:
  • - plays an important role in protecting biodiversity and providing recreational opportunities benefiting community's health
  • - is Crown land and is not 'surplus'
  • - is outside the Urban Growth Boundary
  • - is constrained by several overlays including the Bushfire Management Overlay, Environmental Significance Overlay - Schedule 1 (ESO1), with a small section within the Land Subject to Inundation Overlay
  • - is not suitable for social or affordable housing because it is not well located near services or public transport, or within an 800-metre walkable catchment of the FMAC
• there are no designated priority precincts in the Frankston municipality, and it is therefore inappropriate to apply the Precinct Zone.

Rezoning land at 40N Ballarto Road, Frankston to PCRZ is supported to reflect its status as part of the Pines Flora and Fauna Reserve.

The 'Reservation Purpose' of affected parcels of land at 40N Ballarto Road is 'Preservation of an Area of Ecological Significance'. The Panel notes that land southeast of the Peninsula Link Freeway proposed for rezoning to PCRZ (but not part of 40N Ballarto Road) is not reserved as such, however it is understood that all of the land proposed for rezoning informally functions as part of the Reserve and has ecological significance. This is evidenced by the application of the ESO1 to all of the land.

The land is not considered suitable for future housing development. It is outside the metropolitan Urban Growth Boundary which can only be amended by a majority vote in both houses of Parliament. This is not a recommended course of action for this land given:

• the ESO1 applies to the whole of the land and a large part of it has been identified as having a vegetation rating of State level significance
• the Bushfire Management Overlay applies to the site, recognising its high risk for potential bushfire
• it is not well located for social or affordable housing regarding the availability of public transport and proximity to activity centres.

• It is appropriate to rezone land at 40 Ballarto Road to Public Conservation and Resource Zone to reflect its status as part of the Pines Flora and Fauna Reserve and an area with ecological significance.
• It is not appropriate to consider the land for housing development because it:
  • - is outside the metropolitan Urban Growth Boundary
  • - has ecological significance and a high risk for potential bushfire
  • - is not well located for social or affordable house as it is not close to public transport or an activity centre.

The issue is whether it is appropriate and justified to remove the SLO5 from listed sites.

• there was no explanation given for the removal of trees on sites listed in the Amendment, where it was proposed to remove the SLO5
• the loss of tree coverage and habitat in Carrum Downs is concerning, noting tree canopy cover in that area is the lowest in the Frankston municipality.

Council explained the Amendment proposes to remove 50 trees from Table 1 in the SLO5 because the trees no longer exist on the listed properties, for reasons that are mostly unknown. It agreed canopy trees are valued in Carrum Downs, given the low canopy cover in this area and that a separate Amendment C156fran (Biodiversity policy update) addresses this issue by including broad policy considerations to improve canopy tree cover.

It is appropriate to remove the SLO5 from sites that no longer contain trees in need of protection. The reason for the removal of the trees is not a matter for this planning scheme amendment process. Where trees have been removed illegally, Council may utilise planning enforcement processes to address the situation.

The Panel concludes it is appropriate to remove the SLO5 from the listed sites as part of this Amendment because these sites no longer contain trees that require protection.

Email response to Document 5 with further information, including two attachments

Email to clarify reservation status of Parcel 2086/PP2619