Wording which allowed Subdivision in Low Residential Density Areas 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 Planning Scheme.
Council undertook its review & formally submitted a Planning Amendment C143 request to the Planning Minister & Department of Transport, Planning & Infrastructure (now DELWP) in December 2014.
The requested amendment sought the following:
* Generally sought 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 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
The BMO reforms have recently been implemented by the Planning Minister.
The Planning Minister has this week finalised his decision on the Shire of Yarra Ranges LDRZ Subdivision Reforms (Amendment C143), and this Amendment has been 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 is based on the recent expansion of the BMO, which only became of relevance to the Amendment C143 Advisory Committee process the day prior to the public hearings when the Planning Minister altered their terms of reference, and which the submitters only heard about on the day of the hearings. The submitters to Amendment C143 Advisory Panel needed to make impromptu submissions 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 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
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 successful in achieveing Site Specific Planning Amendment that allows subdivisdion of their property to 2000m².
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, but has indicated 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 amendment applications in the interim period, until their review under the Housing Strategy has been completed. This effectively puts any reform On Hold until Council is ready to progress.
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.
Yarra Ranges has an existing Housing Shortage and Housing Crisis, and reform of the LDRZ coudl be part of the solutions to these current housing issues.
Please contact my office should you wish for colnsultancy on possible subdivision or development in relation to your LDRZ land.
