Major Zoning Overhaul for the State

Planning Minister Matthew Guy has announced the State Government’s intention to make the most significant changes to Victoria’s planning zones since the introduction of the standardised Victorian Planning Provisions (VPPs) over a decade ago.

The Government has also indicated that changes to the processing of town planning applications are also likely to be implemented. Notwithstanding the VicSmart changes we discussed in the last edition of BDAV News, no details of further  procedural or permit processing changes have yet been announced.

The Government is seeking submissions on the proposed changes. Anyone wishing to make a submission can do so from www.dpcd.vic.gov.au/planning.

Summary of Changes

The changes proposed affect Residential, Commercial, Industrial and Rural Zones. Although at the time of publishing this article your author had not had time to diligently review ‘all’ the details of the 17 new and amended zones, a summary of what is being planned follows:

Residential Zones

Existing Zones Zones proposed to be deleted Zones proposed to be amended Newly proposed Zones
Residential 1 Residential 1 Mixed use Neighbourhood Residential
Residential 2 Residential 2 Township General Residential
Residential 3 Residential 3 Low Density Residential Residential Growth
Mixed use
Township
Low Density Res.

Commercial Zones

Existing Zones Zones proposed to be deleted Zones proposed to be amended Newly proposed Zones
Business 1 Business 1 Commercial 1
Business 2 Business 2 Commercial 2
Business 3 Business 3
Business 4 Business 4
Business 5 Business 5

Rural Zones

Existing Zones Zones proposed to be deleted Zones proposed to be amended Newly proposed Zones
Farming Farming
Rural Activity Rural Activity
Rural Conservation Rural Conservation
Rural Living Rural Living
Green Wedge Green Wedge
Green Wedge A Green Wedge A

Industrial Zones

Existing Zones Zones proposed to be deleted Zones proposed to be amended Newly proposed Zones
Industrial 1 Industrial 1
Industrial 2 Industrial 2
Industrial 3 Industrial 3

Other Zones

Existing Zones Zones proposed to be deleted Zones proposed to be amended Newly proposed Zones
Priority Development Priority Development

Slightly More Detail

As with all planning scheme amendments the devil is in the detail. Following is a summary of the key characteristics of the proposed changes for the most common zones likely to affect BDAV Member applications.

Residential Growth Zone (RGZ)

Although this is a new zone we have compared it with the existing Residential 2 Zone which is currently the residential zone that provides the greatest ability for infill development and is most likely to be replaced by the RGZ.

Purpose
  • Altered slightly to (arguably) reduce its purpose from high density development – to medium density development

 
Changes to permit triggersUse changes 

Buildings and works             changes
  • Medical Centre, Office, Shop and Food and Drink Premises are proposed to become ‘as of right’ (no permit required) up to a limited floor area. Other restrictions apply.

 

  • Reduce lot size for which a planning permit is required to construct or extend one dwelling on a lot from 300m2 to 80m2.

 

  • Current draft appears to omit a need for a planning permit associated with buildings and works associated with a (Section 1 use); Medical Centre, Office, Shop or Food and Drink Premises.

 
Changes to 3rd party notification & appeal rights
  • Exemption from notification requirements in current Residential 2 Zone removed for both  subdivisions and single dwelling applications

 
Changes to Schedule
  • The proposed changes will allow Council to add the following notable additions to this zone’s schedule:
  • Maximum (mandatory) building height
  • Amended selection of ResCode Standards
  • Neighbourhood character objectives
  • Additional application requirements
  • Additional decision guidelines

 
Other notable changes
  • Multiple Schedules appear able to be incorporated and tailored to specific geographical areas.
  • The proposed Schedule increases the number of ResCode Standards that can be altered by Council.

 

General Residential Zone (GRZ)

Although this is a new zone we have compared it with the existing Residential 1 Zone (R1Z) which is currently the ‘residential’ zone it is most likely to replace.

Purpose
  • Altered to focus more on preserving existing neighbourhood character and reduces focus on housing diversity and range of densities.

 
Changes to permit triggers

Use changes

 

Buildings and works             changes
  • Medical Centre, Office, Shop and Food and Drink Premises are proposed to become ‘as of right’ (no permit required) up to a limited floor area. Other restrictions apply.

 

  • Reduce lot size for which a planning permit is required to construct or extend one dwelling on a lot from 300m2 to 200m2.

 

  • Current draft appears to omit a need for a planning permit associated with buildings and works associated with a (Section 1 use) Medical Centre, Office, Shop or Food and Drink Premises.

 
Changes to 3rd party notification & appeal rights
  • Exemption from notice requirements in current R1Z retained for subdivision.
  • Similar to existing R1Z no exemption for buildings and works applications.

 
Changes to Schedule
  • The proposed changes will allow Council to add the following notable additions to this zone’s schedule:
  • Maximum (mandatory) building height
  • Amended selection of ResCode Standards
  • Neighbourhood character objectives
  • Additional application requirements
  • Additional decision guidelines
  • Increase lot area from 200m2 to 500m2 for single dwelling buildings and works permit trigger.

 
Other notable changes
  • Multiple Schedules appear able to be incorporated and tailored to specific geographical areas.
  • The proposed Schedule increases the ResCode Standards that can be altered by Council.

 

Neighbourhood Residential Zone (NRZ)

Although this is a new zone we have compared it with the existing Residential 3 Zone (R3Z) which is currently the ‘residential’ zone it is most likely to replace.

Purpose
  • Amended to limit opportunities for increased residential development and ensure new development is consistent with the existing and preferred neighbourhood character

 
Changes to permit triggers

Use changes

Buildings and works             changes

 

 

 

 

 
  • Medical Centre proposed to become ‘as of right’ (no permit required) up to a limited floor area.

 

  • Council can set (an unrestricted) minimum lot size for which a planning permit is required to construct or extend one dwelling on a lot.

 

  • Current draft appears to omit a need for a planning permit associated with buildings and works associated with a (Section 1 use) Medical Centre.

 
Changes to 3rd party notification & appeal rights
  • Exemption in current R3Z retained for subdivision.
  • Similar to existing R3Z no exemption for buildings and works applications.

 
Changes to Schedule
  • The proposed changes will allow Council to add the following notable additions to this zone’s schedule:
  • Minimum lot size (unrestricted) for subdivisions
  • Minimum lot size (unrestricted) for single dwelling buildings and works permit trigger.
  • Maximum (mandatory) building height
  • Maximum number of dwellings on a lot (must be two or more)
  • Amended selection of ResCode Standards
  • Neighbourhood character objectives
  • Additional application requirements
  • Additional decision guidelines

 
Other notable changes
  • Multiple Schedules appear able to be incorporated and tailored to specific geographical areas.
  • The proposed Schedule increases the ResCode Standards that can be altered by Council.

 

Mixed Use Zone

Purpose
  • Altered to further increase focus on a variety of uses and higher density residential development.

 
Changes to permit triggers

Use changes

 

Buildings and works             changes
  • Medical Centre, Office, Shop and Food and Drink Premises are proposed to become ‘as of right’ (no permit required) up to a limited floor area.

 

  • Reduce lot size for which a planning permit is required to construct or extend one dwelling on a lot from 300m2 to 80m2.

 
Changes to 3rd party notification & appeal rights
  • Exemption for subdivision remains
  • Exemption for other application proposed as optional inclusion to Schedule

 
Changes to Schedule
  • The proposed changes will allow Council to add the following notable additions to this zone’s schedule:
  • Maximum (mandatory) building height;
  • Exemption from 3rd party notice & review;
  • Neighbourhood character objectives;
  • Additional application requirements;
  •  Additional decision guidelines.

 
Other notable changes
  • Multiple Schedules appear able to be incorporated and tailored to specific geographical areas.
  • New ‘partial ResCode assessment’ requirement for buildings and works abutting residential zones

 

Note: In addition to the above changes a number of zones also alter the conditions associated with Section 1-3 uses within the Table of Uses.

The Good and Bad

The changes proposed to the residential zones include a number of modifications that can be described as progressive. These include:

  • The provision of multiple schedules to the zones, allowing different parameters to be set for separate geographical areas within one municipality;
  • The inclusion of a number of previously prohibited uses within the residential zones as Section 1 or 2 uses and the loosening of restrictions associated with a number of other uses.
  • Reduced lot size requirements for building and works associated with a single dwelling (down to 80m2 in some zones).

However a number of other changes are likely to cause concern to regular permit applicants, designers and developers. These include:

  • The removal of any reference to dwelling diversity and higher densities from the prescribed Purposes of the 3 most commonly used residential zones;
  • The proposed broadening of  public notification and review rights;
  • The increased lot size requirements (unrestricted in the NRZ) for building and works associated with a single dwelling;
  • The introduction of:

o   Mandatory maximum height restrictions;

o   Minimum lot sizes for subdivision;

o   Restrictions controlling the maximum number dwellings permitted per lot;

o   Provisions allowing Council to set a minimum lot size on which a permit is    required to construct or carry out works to single dwelling (unrestricted in the NRZ).

One Planner’s Conclusion

We can’t help but feel that the majority of proposed changes will please those attempting to ‘protect’ our suburbs. Although there are some progressive additions in the proposal that are likely to be welcomed by regular planning permit applicants,  it is our conclusion that, on balance, the changes proposed to the residential zones are likely to result in a more conservative landscape for future infill development as well as reduce housing diversity and affordability in existing residential areas.

For more information please visit http://www.dpcd.vic.gov.au/planning or contact Clause:1  on 03 9370 9599.

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