History:
Wording which supports Subdivision to 2000m² in Low Residential Density Zone with access to reticulated sewer, was introduced by former Planning Minister Guy in around 2012, across all Planning Schemes across Victoria.
Yarra Ranges and some other Council's strongly opposed the Planning Minister's statewide reform at the time, and so Yarra Ranges were granted extra time to prepare and consider Amendment Reform specific to their Council situation. This was the source of the introduction of the minimum subdivision size of the LDRZ schedule being shown as 4000m² in the current Schedule to the Low Density Residential Zone of thew Yarra Ranges Planning Scheme.
Council undertook its review & formally submitted Planning Amendment C143 request to the Planning Minister & Department of Transport, Planning & Infrastructure (now DELWP) in December 2014.
Amendment C143 generally sought the following:
* To enable consideration of subdivision to mimimum of 2000m² in many of the Low Density Residential Zoned areas of the Shire of Yarra Ranges, where serviced by sewer.
* Excluded LDRZ properties within Belgrave, Belgrave South, Upwey, Tecoma, Upper Ferntree Gully & Selby from the reforms, maintaining 4000m² as the minimum subdivision size for these Dandenong Ranges sensitive areas.
* Included Warburton LDRZ properties within the subdivision reforms, enabling LDRZ properties connected to sewer in Warburton to apply for subdivision down to 2000m². These properties would have have still needed to satisfy the requirements of the Bushfire Management Overlay (BMO) and other planning criteria before a permit could issue.
The Minister for Planning in December 2015 appointed an Advisory Committee to provide advice on Amendment C143 before making a final decision on the amendment. The Advisory Committee hearings were undertaken on 24th & 25th November 2016.
The Planning Minister amended the Terms of Reference for the Advisory Committee on the day prior to the Public Hearings commencing. This change meant the Advisory Committee had to consider the proposed Bushfire Management Overlay (BMO) expansion, despite the BMO expansion documents still not being defined or adopted, and only draft documents being available to the submitters on the day of the Public Hearing.
Our view is the BMO should be an additional consideration of the subdivision planning permit application, and not used a a "blanket prohibition of subdivision" across LDRZ properties affected by the BMO. The existing BMO does not prohibit subdivision in other zones.
The Advisory Committee has completed their report and this report was submitted to the Planning Minister for his consideration. The Advisory Committee Report was eventually made publicly available. The report generally supported the adoption of the Amendment, subject to some possible further refinement & changes. A copy of the Advisory Committee RReport is available through the Link below.
https://www.planning.vic.gov.au/__data/assets/pdf_file/0030/90768/Yarra-Ranges-LDRZ-AC-C143-Report.pdf
Bushfire Management Overlay (BMO) were implemented by the Planning Minister, before a decision on Amendment C143 was finalised.
Amendment C143 was subsequently refused by the Planning Minister. The details of the reasons for this refusal are in the Ministers letter available through the following link.
https://www.yarraranges.vic.gov.au/files/assets/public/webdocuments/planning-building-health/strategic-planning/planning-building-strategic-planning/c143_-_letter_of_refusal_of_amendment_from_minister_for_planning.pdf
The refusal was based on the expansion of the BMO, which only became of relevance to the Amendment C143 Advisory Committee process the day prior to the public hearings. and when the Planning Minister altered the Advisory Committee terms of reference. The submitters to the Advisory Committee only heard about the BMO changeson the day of the hearings. The submitters needed to make impromptu submissions to Amendment C143 Advisory Panel, to address this issue of bushfire risk, based on the very limited detail available on the days of the Advisory Committee Public Hearings.
The BMO expansion had no public consultation, and no opportunity for proper review and input by the submitters to Amendment C143 and/or Council in relation to Amendment C143. The final Advisory Committee report appears to provide reasonable support for adoption of Amendment C143 in some form including within some of the BMO areas of the Shire.
Amendment C143 was ultimately refused by the Planning Minister based on insufficient justification being provided in relation to the BMO expansion. The Minister recommended Council undertake a shire wide review of the LDRZ with strong consideration of the impacts and risk from bushfire and how they may be managed in each locality should Council seek opportunity for further subdivision
Current Opportunities:
Opportunity for consideration of second dwellings on LDRZ allotments can be considered now subject to planning permit. We have assisted several LDRZ land owners achieve successful planning permits for second dwellings. One of these properties was also successful in achieveing a Site Specific Planning Amendment that allows subdivision of their property to 2000m², by its successful rezoning to Schedule 2 of the Low Density Residential Zone (LDRZ2).
It may be possible to achieve a planning permit for a second dwelling, but current opportunity for subdivision in the Low Density Residential Zone is generally limited to each new lot being greater than 4000m² in area.
Re-subdivisions with neighbouring LDRZ land owners, which don't create new additional lot or dwelling entitlements can still be considered, subject to planning permit.
2024 Housing Strategy:
Yarra Ranges Council & Planning Department has recently adopted an updated Housing Strategy Policy to guide the Council's growth. The Housing Strategy as adopted, didn't investigate the LDRZ for potential reform prior to its adoption. The Adopted Shire of Yarra Ranges Housing Strategy indicates a review of the LDRZ and its further subdivision opportunity is tentatively scheduled to be commenced by Council in 2025.
As Council is proposing to undertake a shire wide review of the LDRZ zones, Council has indicated they will not consider any site specific planning amendment applications in the interim period, until their review under the Housing Strategy has been completed. This effectively puts any reform for subdivision in areas of sewer on LDRZ specific sites "On Hold", until Council is ready to progress with community consultation and any subsequent Council Proposed Planning Amendment that may result from Council's Housing Strategy review and community consultation. Council's LDRZ review is likely to commence in 2025, and any Planning Amendment process would likely take a minimum of 1-2 years to be implemented if supported by both Council and the Planning Minister.
We "Highly Recommend" LDRZ land owners with lots that may be capable of further subdivision to actively participate in Council's LDRZ reform review process, when it commences in 2025. Thomas & George P/L can assist with any submissions or documents/plans in support of any submissions when the opportunity arises. Council will notify individual Land Owners at the time of its proposal is ready for community consultation.
Yarra Ranges Council has acknowledged the existing Housing Shortage and Affordability Crisis within the Shire. Council has indicated their priority is to progress actions within the Housing Strategy, which includes reform of the LDRZ, as part of the possible solutions to these current housing issues being felt by many Yarra Ranges residents.
Please contact my office should you wish for consultancy on possible subdivision or development in relation to your LDRZ land.
