In March 2017, The State Government introduced a Minimum Garden Area requirement through Planning Amendment VC110 into Planning Schemes across Victoria, which now affects the urban zones. All Developments & subdivisions need to comply with the minimum garden area as stipulated within the Planning Scheme, with this area varying depending on the size of the land being developed.
The Minimum Garden Area is calculated differently from the open space/private open space areas that are also typically required to be satisfied as part of any development application.
There have been some recent VCAT decisions that have made decisions on the interpretation & calculation of Minimum Garden Area requirements, both in regards to development application & subdivision application. These decisions may have significant effect on current proposal's that are currently with Council, if their calculations have been computed using a differing interpretation from that which has recently been adopted by VCAT.
Please contact our office, should you require any assistance with the interpretation & effect of the Minimum Garden Area requirements in regards to your project or subdivision.