Clause 32.03 of the Yarra Ranges Planning Scheme relates to the Low Density Residential Zone, which typically requires a minimum subdivision lot size of 4000m² (Schedule to the Low Density Residential Zone). This zoning has typically been applied to urban residential land in the fringe areas of the metropolitan suburbs and rural townships.
Approximately 10 years ago, the wording within the subdivision provisions (Cl.32.03-3) of the Low Density Residential zones across all Council's within Victoria was amended to enable potential for subdivision of lots down to 2000m² in Low Density Residential Zones connected to reticulated sewerage to be considered.
At the time, Yarra Ranges introduced a change to the Schedule to the Low Density Residential Zone, which introduced the 4000m² minimum subdivision size limit temproarily into the Planning Scheme via the Schedule to the Low Density Residential Zone, whilst Council considered how to selectively implement the potential 2000m² subdivision size reform within the Shire under Proposed Planning Amendment C143.
Yarra Ranges proposed to adopt the LDRZ subdivision reform in part throughout the Shire, but Amendment C143 as proposed by Yarra Ranges, was eventually refused by the Planning Minister on the basis of concerns regarding bushfire risk having not been considered. Further information on this earlier Planning Amendment C143 can be read in the following Blog post.
The Amendment C143's refusal, meant that Yarra Ranges Low Density Residential Zone subdivision requirements in areas of sewer have retained the 4000m² as the minimum subdivision lot size requirement, as contained in the Low Density Residential Zone Schedule. The Schedule wording, overides the wording as contained within the Zone itself.
The Mt Evelyn Low Density Residential Zone property subject to Yarra Ranges Planning Amendment C208 had previously established a planning permit for the Use and Construction of a Second Dwelling on the lot. Other LDRZ lots may also be capable of obtaining planning permits for 2nd dwellings on their allotments, subject to planning permit and neighbourhood character assessment, but if successful for development of a 2nd dwelling, are unlikely to be able to subdivide the 2nd dwelling without implementation of a planning scheme amendment.
The site specific amendment contained in Amendment C208, has introduced the Low Density Residential Zone Schedule 2 (LDRZ2) into the Yarra Ranges Planning Scheme and has applied this new schedule to the Mt Evelyn property, so that it may benefit from the minimum 2000m² subdivision lot size in areas of reticulated sewer as contained in the existing Low Density Residential Zone wording of Clause 32.03-3. A subdivision planning permit has issued simultaeneously from Council, with the granting of the Planning Scheme Amendment's approval, with our office having assisted in the proposed subdivision documentation.
The support of Plannng Amendment C208 by both Council and the Planning Minister, may assist in the support of further arguments for modest subdivision reform in the Low Density Residential Zone areas of the Yarra Ranges Shire where reticulated sewer is available, neighbourhood character, bushfire risk & other planning considerations can be appropriately managed. Our office supports the consideration of such reforms.
If your property is greater than 4000m², located within the Low Density Residential zone, and has reticulated sewer mains available, please don't hesitate to contact our office to discuss the potential merits of subdivision application and Planning Scheme Amendment for your property. Alternatively, we may be able to assist with Advocacy with any submisisons to planning scheme reforms being undertaken directly by Yarra Ranges Council (ie Housing Strategy, Structure Plans, etc).