What does the amendment do?
The Amendment proposes to rezone an area on the northern boundary of the subject site, 168 Hawthorn Road, Caulfield North. There currently exists a 3m wide area located on the northern boundary that is zoned Commercial 1 Zone while the rest of the site is zoned General Residential Zone — Schedule 2. There is only a carport currently built within this 3m wide area — see current zoning map and aerial map below. The site is also located perpendicular to a Road Zone Category 1 (RDZ1).
The Amendment is an administrative amendment in that it seeks to rezone:
- The northern boundary of 168 Hawthorn Road, Caulfield North from Commercial 1 Zone to General Residential Zone – Schedule 2.
Why is the amendment required?
Council records demonstrate that this right of way was discontinued as a road in 1988. Since the right of way was discontinued, the land has been used for residential purposes as part of 168 Hawthorn Road, Caufield North. This amendment is to correct this existing anomaly to provide consistency for the entire site.
This error and inconsistency of this anomaly reduces the effectiveness of local provisions in implementing policy objectives and creates room for errors of interpretation and unintended outcomes.
Submissions for this amendment closed on 5 November 2020.
Council resolved to adopt Amendment C217 on 16 March 2021. Council submitted the adopted amendment to the Minister for Planning for approval, in accordance with Section 21(1) of the Planning and Environment Act 1987.
The Minister for Planning granted approval of Amendment C217 on 27 April 2021. The Amendment was published in the Government Gazette on 20 May 2021.