Overview

Minister’s decision

On 6 June 2022, the Minister for Planning decided to exercise the power under section 20(4) of the Planning and Environment Act 1987 to exempt himself from notice requirements, and to prepare, adopt and approve Amendment C273case to the Casey Planning Scheme.

The effect of the amendment is to facilitate the Rosemaur Gallery at 193-209 King Road, Harkaway, by applying the Specific Controls Overlay and introducing the ‘Rosemaur, 193-209 King Road, Harkaway, Incorporated Document, May 2022’ which enables the land to be used and developed for an art gallery, function centre, restaurant and two dwellings, subject to the conditions in the incorporated document.

In reaching this decision, the Minister considered all submissions received and the findings and recommendations of the advisory committee appointed to consider the proposal. Read the advisory committee report:

• Rosemaur Gallery Advisory Committee Report (PDF, 1.5 MB)

After careful consideration, the Minister decided not to include the extent of changes to the art display conditions recommended by the committee, instead requiring that conditions in the incorporated document retain the requirement for art display for a minimum of 40 weeks per year and in perpetuity.

The Minister also introduced a requirement for the gallery and Casey City Council to enter into a Memorandum of Understanding that requires parties to meet annually to identify and maximise opportunities to collaborate and support the local and broader arts community and visitor economy.

The amendment will come into effect when notice of its approval is published in the Victoria Government Gazette. View the amendment:

• Amendment  C273case to the Casey Planning Scheme

The Minister for Planning received a request from Architecture Associates Pty Ltd, to facilitate consideration of the proposed Rosemaur Gallery on land at 193-209 King Road, Harkaway.

Before making a decision on the request, the Minister for Planning consulted with potentially affected parties and 521 submissions were received.

An independent advisory committee was appointed to consider the submissions received and assess the planning merits of the request. The committee held public hearings in March 2021.

A planning scheme amendment was required to facilitate the proposal as the second dwelling and use of the land for a function centre and restaurant, not in conjunction with an agricultural or winery use, are prohibited under the current zoning of the land.

The amendment allows the land to be used and developed in accordance with conditions in an incorporated document.