Hot Planning Topics * Plan Melbourne released for comment * Reformed Zones * Vic Smart

1. Hot Planning Topics * Plan Melbourne released for comment * Reformed Zones * Vic Smart * Planning and Environment Amendment (General) Act 2013 Presentation by Rodney Wee, Statutory Systems, Department of Transport, Planning and Local Infrastructure 10 October 2013

2. Plan Melbourne released The Victorian Government’s vision for the city to 2050 A clear vision for our future that responds to the challenges of population growth, driving economic prosperity and liveability, while protecting our environment and heritage.

3. Central to Plan Melbourne is: A more integrated approach to planning and development which includes, land use, transport, plus social and community infrastructure. A strong emphasis on collaboration between state and local governments, the private sector and the community to achieve a shared set of outcomes for the city and surrounding regions. An approach which puts job creation and security at the forefront of planning decisions. An approach which increases certainty by protecting existing suburbs and delivering intensified development in defined areas. Plan Melbourne builds on the extensive consultation process following the release in October 2012 of the discussion paper, Melbourne, let’s talk about the future, prepared by the Ministerial Advisory Committee. The Strategy has been developed with the support of a Ministerial Advisory Committee.

4. Seven outcomes of the Strategy: Delivering jobs and investment: Create a city structure that drives productivity, supports investment through certainty and creates more jobs. Housing choice and affordability: Provide a diversity of housing in defined locations that cater for different households and are close to jobs and services. A more connected Melbourne: Provide an integrated transport system connecting people to jobs and services and goods to market. Liveable communities and neighbourhoods: Create healthy and active neighbourhoods and maintain Melbourne’s identity as one of the world’s most liveable cities. Environment and energy: Protect our natural assets and better plan our water, energy and waste management to create a sustainable city. A state of cities: Maximise the growth potential of Victoria by developing a state of cities which delivers choice, opportunity and global competitiveness. Implementation: Delivering better governance: Achieve clear results through better governance, planning, regulation and funding options.

5. Key concepts: Delivering a new Integrated Economic Triangle Protecting the suburbs by delivering density in defined locations A state of cities Delivering a pipeline of investment opportunity Better use of existing assets 20-minute neighbourhoods Housing choice and affordability Transitioning to a more sustainable city

6. Plan Melbourne objectives Delivering jobs and investment Housing choice and affordability A more connected Melbourne Liveable communities and neighbourhoods Environment and water A state of cities Implementation – delivering better governance

7. Inform and comment You can find out more by: details about the community information activities are available on the website You can comment by: Completing an online or written submission Where to next? Opportunities to comment will close at 5pm, Friday 06 December 2012. All submissions and feedback will be reviewed before finalising the Strategy. www.planmelbourne.vic.gov.au

8. Reformed residential, commercial, industrial and rural zones for Victoria

9. On 1 July 2013 Amendment V8 inserted the three new residential zones into the VPP. Councils now have until July 2014 to initiate amendments to their planning schemes to convert residential land in their municipality to these zones. On 15 July 2013, Amendment VC100 deleted the existing five Business Zones. Two new commercial zones were inserted into their place. On 15 July 2013, Amendment VC100 amended the Industrial 1, Industrial 2 and Industrial 3 Zones in the VPP and individual planning schemes. On 5 September 2013, Amendment VC103 amended the Farming, Rural Activity, Rural Conservation, Green Wedge, Green Wedge A and Rural Living Zones in the VPP and individual planning schemes and amended the schedule to the RCZ. Residential, commercial, rural and industrial zone amendments

10. Aims and snapshot of reformed residential zones Reformed residential zones aim to: • improve the range of residential zones to better manage growth and protect and maintain liveability and neighbourhood character. • simplify requirements with greater certainty and clearer rules • allow a broader range of activities to be considered The three new residential zones were introduced through Amendment V8

11. Spectrum of residential growth and protection

12. Key features of the residential zones • The purpose of each new zone clearly defines the zone. • Multiples schedules allowed to each zone. • A maximum building height of a dwelling or residential building can be specified via a schedule (except for the LDRZ). • The operation of the ResCode provisions is maintained (except in the LDRZ), with additional amenity provisions included in the RGZ and MUZ to land abutting other residential zones. • Nine residential siting and amenity variations are allowed via the schedule to the zone (except for the LDRZ). • A planning permit threshold of 300 sq m to construct or extend one dwelling on a lot or as increased via a schedule where allowed (except for the LDRZ). • Application requirements, decision guidelines and other requirements can be specified via a schedule (except for the LDRZ). • Third party notice, objection and review rights in all zones for section 2 uses and buildings and works applications associated with a section 2 use.

13. Key features of the residential zones • Less restrictions on non-residential land uses in the RGZ and MUZ (for food and drink premises, medical centre, office, place of worship, and shop). • Uses either prohibited or additional conditions included against uses in the GRZ and NRZ for convenience restaurant, food and drink premises, medical centre, office, place of worship, retail premises (including shop) and take away food premises. • Bed and breakfast allows for 10 persons as of right in all zones. • Neighbourhood character requirements and assessments remain unchanged. • In the LDRZ the default minimum lot size for subdivision of land connected to reticulated sewerage has been decreased to 0.2 hectare. • Existing schedules to the LDRZ will continue to operate. • Objectives can be specified in a schedule to the Mixed Use Zone to facilitate the use, development and redevelopment of land. • Existing MUZ and TZ schedules were translated to the new schedule templates.

14. Residential Growth Zone purpose & default height limit: To provide housing at increased densities in buildings up to and including four storey buildings. To encourage a diversity of housing types in locations offering good access to services and transport including activities areas. To encourage a scale of development that provides a transition between areas of more intensive use and development and areas of restricted housing growth. To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations. - The zone includes a discretionary default height limit of 13.5 metres which can be increased or decreased via a schedule for a mandatory height limit.

15. General Residential Zone purpose & default height limit: To encourage development that respects the neighbourhood character of the area. To implement neighbourhood character policy and adopted neighbourhood character guidelines. To provide a diversity of housing types and moderate housing growth in locations offering good access to services and transport. To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations. - The zone includes a default discretionary height limit of 9 metres which can be increased or decreased via a schedule for a mandatory height limit.

16. Neighbourhood Residential Zone purpose & default height limit: To recognise areas of predominantly single and double storey residential development. To limit opportunities for increased residential development. To manage and ensure that development respects the identified neighbourhood character, heritage, environmental or landscape characteristics. To implement neighbourhood character policy and adopted neighbourhood character guidelines. To allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs in appropriate locations. - The zone includes a default mandatory maximum height of 8 metres which via a schedule can include a higher or lower mandatory height limit. - No more than 2 dwellings are allowed on a lot unless a schedule specifies a higher or lower maximum number of dwellings; can include minimum lot size.

17. Summary of new residential zones:

18. Implementation of new residential zones Councils need to think strategically about where the new zones are applied by applying existing strategic work, such as local housing strategies, through the new residential zoning tools. Can apply new residential zones to reflect local conditions to differentiate residential areas where future housing needs of Victorians can be balanced by identifying and protecting areas for particular liveability and neighbourhood character attributes. Can achieve varying densities and built form outcomes by applying the new zones and the development of multiple housing types and forms can be more directly specified. Cannot automatically translate all existing residential zones to new residential zones - new provisions and requirements are not equivalent so a conversion process is required.

19. Aims and snapshot of reformed commercial zones Reformed commercial zones aim to: • provide greater flexibility and growth opportunities for Victoria’s commercial and business centres, responding to changing retail, commercial and housing markets by allowing for a wider range of uses that will support more mixed use employment.

20. Commercial Zones: Key features Commercial 1 Zone • removes permit requirements for: • all Accommodation (other than a Corrective institution) • all retail uses (except for Adult sex bookshop) • Exhibition centre • remove the conditions for Education centre and Office • Broadens the range of activities that land can be used for without the need for a planning permit and generally removes floor area restrictions. • All floor space caps for shop and office were removed for Melbourne metropolitan Councils but rural Councils had existing schedules to the Business 1 and 2 zones migrated to a new Commercial 1 Zone schedule Commercial 2 Zone • Removes permit requirements for Cinema, Cinema-based entertainment facility, Food and drink premises, Office, Restricted retail premises and Trade supplies uses • Broadens the range of employment and associated activities that land can be used for without the need for a planning permit and removes floor area restrictions.

21. Commercial zones:specific features Supermarkets and shops • allows a supermarket and shops in the Commercial 1 Zone without a permit • allowing a small scale supermarket of up to 1800 square metres in the Commercial 2 Zone without a permit in all metropolitan planning schemes. Supermarkets greater than 1800 square metres and shops in these areas require a permit • requires a permit for a small scale supermarket of 1800 square metres in the Commercial 2 Zone in rural areas to ensure the protection of established centres in regional towns • requires that supermarkets and associated shops adjoin or have access to a main road in the Commercial 2 Zone Offices, accommodation and floor space caps • removes restrictions on floor space caps in most instances in commercial zones in metropolitan Melbourne and in rural Victoria for the Commercial 2 Zone • allows floor space caps to be specified in rural and regional Victoria in the schedule to the Commercial 1 Zone • Allows all accommodation as of right subject to meeting a 2 metre frontage condition (otherwise the use is permit required) in the Commercial 1 Zone • prohibits all accommodation (other than caretaker’s house, residential motel and hotel) in the Commercial 2 Zone. Building and works and subdivision continue to require a permit

22. Aims and snapshot of Industrial Zones Reformed industrial zones aim to: • support business investment and industry by responding to new and emerging trends regarding the mix of industry, office and some forms of limited retail, and provide greater incentive for business investment.

23. Industrial 1, 2 and 3 Zones: Key features • removes the default floor space area restriction of 500 square metres for an office in the Industrial 1 Zone, Industrial 2 Zone and Industrial 3 Zone, with the ability to specify locally set floor area caps • Continues to prohibit a supermarket or shop of any size in the Industrial 1 and 2 Zones • Allows limited forms of retailing such as a small scale supermarket of up to 1800 square metres with associated shops totalling 500 square metres, and convenience shops in the Industrial 3 Zone in metropolitan Melbourne to create commercial opportunities and competition • require that supermarkets and associated shops adjoin or have access to a main road in the Industrial 3 Zone in all metropolitan planning schemes. • prohibits a supermarket and shop in the Industrial 3 Zone in rural areas to ensure the protection of established centres in regional towns • Continues to prohibit all accommodation use (other than caretakers house) in all industrial zones • Building and works and subdivision continue to require a permit

24. Aims and Snapshot of Rural Zones • Reformed rural zones aim to: • better respond to present-day requirements to better support agricultural and farming activity, allow more tourism related uses, remove permit requirements and support population retention to sustain rural communities.

25. Farming Zone Key features: • a new purpose statement promoting the retention of employment and population to support existing rural communities • reducing the restrictions for alterations and extensions to dwellings and farm buildings • removing the requirement for a mandatory section 173 agreement which restricts future subdivision after an initial subdivision is approved • making less uses prohibited and more uses discretionary including some accommodation, retail and commercial uses • removing the prohibition on group accommodation, landscape gardening supplies, market, trade supplies, warehouse and primary and secondary schools • increasing the threshold for persons that can be accommodated in a bed and breakfast from six to 10 without a permit • removing the in conjunction conditions which restrict uses such as group accommodation, residential hotel and restaurant • removing other conditions which restrict uses such as group accommodation, place of assembly, store and transfer station • removing permit requirements for uses such as primary produce sales, rural industry and rural store. The schedule to the Farming Zone has not been amended.

26. Rural Activity Zone Key features: • reducing the restrictions for alterations and extensions to dwellings and farm buildings • removing the requirement for a mandatory section 173 agreement which restricts future subdivision after an initial subdivision is approved • removing the prohibition on backpacker’s lodge, camping and caravan park, group accommodation, hotel, host farm, landscape gardening supplies, manufacturing sales, restaurant, residential hotel, trade supplies and tavern uses • increasing the threshold for persons that can be accommodated in a bed and breakfast from six to 10 without a permit • removing permit requirements for uses such as rural industry and rural store. The schedule to the Rural Activity Zone has not been amended.

27. Rural Conservation Zone Key features: • reducing the restrictions for alterations and extensions to dwellings and farm buildings • removing the requirement for a mandatory section 173 agreement which restricts future subdivision after an initial subdivision is approved • making less uses prohibited and more uses discretionary including some accommodation, retail and commercial uses • removing the prohibition on primary and secondary schools • increasing the threshold for persons that can be accommodated in a bed and breakfast from six to 10 without a permit • removing in conjunction with conditions for uses such as group accommodation, residential hotel and restaurant • removing other conditions which restrict uses such as freezing and cool storage, group accommodation, residential hotel and restaurant • retaining the prohibition on leisure and recreation uses (other than informal outdoor recreation). The schedule to the Rural Conservation Zone has been amended.

28. Green Wedge Zone Key features: • a new purpose statement to provide for the use of land for agriculture • making many agricultural uses exempt from a permit requirement • removing permit requirements for other uses such as primary produce sales and rural storeremoving the prohibition on primary and secondary schools • removing the prohibition on place of assembly and including an associated conditionremoving the requirement for a mandatory  section 173 agreement which restricts future subdivision after an initial subdivision is approved • increasing the threshold for persons that can be accommodated in a bed and breakfast from six to 10 without a permit • retaining in conjunction and other related conditions for function centre, group accommodation, research and development centre, research centre, residential building, residential hotel and restaurant • including additional decision guidelines for primary and secondary schools. The schedule to the Green Wedge Zone has not been amended.

29. Green Wedge A Zone Key features: • a new purpose statement to provide for the use of land for agriculture • making many agricultural uses exempt from a permit requirement • removing the prohibition on primary and secondary schools and market • removing the requirement for a mandatory section 173 agreement which restricts future subdivision after an initial subdivision is approved • increasing the threshold for persons that can be accommodated in a bed and breakfast from six to 10 without a permit • retaining in conjunction and other related conditions for function centre, group accommodation, research centre, residential building and restaurant • removing permit requirements for other uses such as primary produce sales and rural store • including additional decision guidelines for primary and secondary schools. The schedule to the Green Wedge A Zone has not been amended.

30. Rural Living Zone Key features: • removing the requirement for a mandatory section 173 agreement which restricts future subdivision • reducing the restrictions for alterations and extensions to dwellings and farm buildings • reducing the minimum lot size for subdivision and construction of a single dwelling from eight hectares to two hectares • increasing the threshold for persons that can be accommodated in a bed and breakfast from six to 10 without a permit. The schedule to the Rural Living Zone has not been amended.

31. Advisory Committee Report & Further Information • For the reformed residential, commercial, industrial and rural zones, details of the: - Advisory Committee’s Reports and recommendations - Government responses to the Committee Reports - fact sheet: reformed residential zones – updated July 2013 - fact sheet: reformed commercial zones - updated July 2013 - fact sheet: reformed industrial zones - updated July 2013 - fact sheet: reformed rural zones - updated August 2013can be viewed at: http://www.dpcd.vic.gov.au/reformedzones • The zones gazetted through Amendments V8 and VC100 can be viewed at: http://planningschemes.dpcd.vic.gov.au/VPPs/ • For any further Departmental queries please contact Paul Buxton on 96584698 or Eric Lo Bianco on 99471231 or email: planning.systems@dpcd.vic.gov.au

33. A new shorter permit assessment process • Decision within 10 business days • Exempt from advertising • No ‘statutory’ further information request • Referral approval prior to lodging • Pre-set information requirements • Assess against pre-set decision guidelines • Decision by CEO or delegate • Applicant has right of review • New VCAT process

34. New self contained VPP provisions • New Clauses 90 to 95 set out: • the VicSmart assessment process • criteria for when an application is VicSmart • the VicSmart classes of application – both State and local classes of application • the information requirements and decision guidelines for each class of application. • Designate CEO as the responsible authority • A new VicSmart definition in Clause 72

35. The Vic Smart Process Submit • The application is submitted with all the information specified in clauses 93 and 95. Assess • A council officer assesses the application against the decision guidelines specified in clauses 93 and 95. Other matters not considered. Decide • The Chief Executive Officer (or delegate) decides to approve or refuse the application.

37. An application is a VicSmart application if: • the application is listed under Clause 92 or in the schedule to Clause 94 • the application does not require a permit under another provision that is not listed • any permit will not result in a breach of a restrictive covenant • the application has obtained any relevant referral authority approval.

38. Further work: • working with MAV and councils to develop best practice guidelines to implement VicSmart • toolkit – checklists, information sheets etc to help support councils. • Submissions and feedback on: • classes of application • information requirements and decision guidelines • changes to regulations • business process and supporting information.

39. DTPLI Contact: Connie Whytcross • connie.whytcross@dtpli.vic.gov.au • 03 99471226

40. Planning and Environment Amendment (General) Act 2013 • The Planning and Environment Amendment (General) Act 2013 amends the Planning and Environment Act 1987 to implement Government election commitments and to introduce process improvements and red tape reductions to Victoria's planning system. When will the General Act commence? • The General Act will commence in two stages. Stage 1 commenced on 22 July 2013. It contains matters that can be implemented in the planning system without the need for further action or consultation. Stage 2 • Stage 2 of the General Act will commence on 28 October 2013. Stage 2 contains the matters that require further work such as amendments to the regulations, the Victoria Planning Provisions or planning schemes.

41. What does the General Act do? • The key planning reforms in the General Act are to: abolish Development Assessment Committees • provide for a Planning Application Committee to work with councils to deliver better local planning decisions • provide for two types of referral authority that will be set out in planning schemes • improve the exchange of information between responsible authorities, referral authorities and applicants • provide for reporting to the Minister by planning authorities, responsible authorities and referral authorities to improve the transparency of the planning system • improve the processes for amending planning schemes and assessing planning permit applications by reducing delays and speeding up information exchange • streamline the decision-making process at the Victorian Civil and Administrative Tribunal • improve the operation of planning agreements by expanding the options for amending and ending agreements • make miscellaneous changes to improve the operation of the Planning and Environment Act 1987. • The General Act also amends the Subdivision Act 1988 in relation to public open space and includes consequential minor changes to the Subdivision Act 1988 and Local Government Act 1989.

42. More information is available on the DTPLI website • www.dpcd.vic.gov.au/planning/theplanningsystem/legislation-and-regulations/ • Key contact person is Joel Twining – email Joel.Twining@DPCD.vic.gov.au