Reformed zones Victoria

The consideration of the Planning Zones Review should have been referred to the Parliamentary Committee for Environment and Planning which has considerable resources to put the 2,000 submissions on the Parliamentary website and then record on Hansard the hearings of some of the submitters before the Parliamentary Committee.

Submission to Department of Planning and Community Services (DPCS) on Victoria’s New Planning Zones

Introduction: I am writing on behalf of Protectors of Public Lands Victoria Inc., a coalition of 80 community, environmental and heritage groups dedicated to protecting and maintaining sites of environmental and heritage significance.

Here is a statement made by Professor Michael Buxton of RMIT covering the significance and the impact on Melbourne of the new zone proposals. He gave permission for me to quote him. I am then making a suggestion as to the need for a Parliamentary Inquiry by the Standing Committee on the Environment and Planning in order for there to be proper consultation with the public.

Significance of Review of Planning Zones: The Victorian government’s proposed new planning zones are the most radical review of planning schemes in the history of Victorian planning. They will lead to fundamental changes in the way Melbourne operates, change the fabric of the city and its hinterland, and remove an extensive range of existing citizen rights. Every citizen will be affected.

The new zone proposals will
• Replace the three existing residential zones with three new residential zones
• Replace the Business 1, 2 and 5 zones with a new Commercial 1 zone, and the Business 3 and 4 zones with a new Commercial 2 zone
• Extensively alter the Green Wedge zone, rural Conservation zone, Green Wedge A zone, Farming zone, Rural Activity zone and Rural Living zone
• Change the existing Mixed Use zone, Township zone and Low Density Residential zone
• Change the existing Industrial 1, 2 and 3 zones.

The government recently released the report of the Advisory Committee into the Victorian planning system and its response to this report. Neither this report nor the government response advocated the changes to zones now proposed. No other justification or strategic context has been provided for the radical changes to the statutory planning system. Clearly, the government worked extensively on its changes to zones in a secret parallel process while the public was diverted to a public process which proposed only moderate change.

Impact of New Planning Zones: The major impacts will be the introduction of extensive commercial uses into residential areas, the destruction of Melbourne’s traditional strip retail centres, the dispersal of commercial activities to car based areas resulting in serious metropolitan wide traffic congestion, the de-facto removal of the urban growth boundary and the extension of a large number of urban related uses into green wedges. Resident rights of notification and objection will be seriously curtailed with many new uses allowed in these new zones without the need for permits.

In particular, the zones will:
• merge residential and commercial uses across urban zones, with an extension of commercial uses into residential areas and little difference between commercial and some industrial zones
• increase the price of commercial and rural land through the encouraging of land speculation
• lead to the growth of large numbers of out-of-centre car based commercial/retail developments including accommodation which will end the current functions of many strip retail centres and lead to substantial car use and increase road congestion across Melbourne
• increase the height of commercial/retail and mixed use developments.

The new zones constitute a largely deregulated land use planning system drawing from the reports and lobbying of market oriented bodies and development groups and growth focused government agencies. These zones, in effect, constitute unfair competition by attempting to allow a wide range of uses in many locations. Existing strip retail centres, for example, will have to compete against new retail development built on much cheaper land far from public transport; land traditionally used for agriculture and rural pursuits will become locations for urban related commercial development and accommodation facilities in unfair competition against higher priced urban land. The principle of unregulated markets also takes no account of their public economic, social and environmental impacts, for example, the impacts on congestion of dispersed commercial development and the associated costs in delays and road construction and maintenance.

The application of the zones and the use of schedules will be subject to ministerial approval. Councils may not be allowed to select zones they regard as appropriate to land in their municipalities.

The use of overlays and structure plans may not significantly reduce the impact of the zones. For example, the Heritage Overlay is increasingly ineffective in preventing development even under current zones, and the effects of structure plans depend on the content and the nature of their incorporation into planning schemes.

Melbourne will not be the same city if these new zones are approved even in a modified form.

Failure of the State Government to Consult Victorians Properly on New Planning Zones:

Here is my comment. This complex set of proposals concerning the new planning zones was sprung upon the public which was given only a month to comment. As commented above it appeared that the public was seriously misled as …“Clearly, the government worked extensively on its changes to zones in a secret parallel process while the public was diverted to a public process which proposed only moderate change.” A number of Councils held planning forums at which planning officers attempted to enlighten the public re detail of the changes. The public encountered difficulties when attempting to make submissions by the deadline last Friday when the DPCS computer crashed. The Planning Minister then gave the public an extension for a week. Our submissions will be referred to a small committee hand picked by the Minister. Members of the Committee cannot be said to be independent.

It is extraordinary that the Planning Minister did not refer the review which is of such great significance to the Parliamentary Standing Committee on the Environment and Planning. This has not had an inquiry for the past month or so. Public submissions (to this Standing Committee) are put on the Parliamentary website and presentations to the Committee recorded in Hansard. As far as I am aware most members of the public regard this process as open and transparent where people are given a “fair go”. Even if members of Parliament are split on Party lines they can write a group dissenting report. Protectors of Public Lands Victoria Inc recommends that a proper Parliamentary Inquiry be held into the new planning zones.

Julianne Bell
Secretary Protectors of Public Lands Victoria Inc.
PO Box 197
Parkville 3052

Community groups are making submissions on the Reformed Zones in Victoria. The government's zoning aims to increase commercial areas into residential areas in a serial manner and to intensify activity in the green wedges. The Department of Planning and Community Development has appointed a Ministerial Advisory Committee 'to review all submissions and provide advice back to the government', but the Chairman of the Committee is Geoff Underwood, who is prominent in the affairs of the Australian Population Institute (APop), which is officiated by professional developers and has the primary aim of promoting a huge population for Australia. What chances do robust submissions have with APop defining the parameters of planning in Victoria? See Planning Backlash submission inside.

The zones in question have as their stated objectives 'to better manage growth' and to 'simplify requirements' and to 'allow a broader range of activities to be considered' and 'to ensure that they still reflect the aspirations of all Victorians'.

Despite the latter objective, the zoning, if it remains as it is, will increase the intrusion of commercial areas into residential areas in a serial manner and intensify activity in the green wedges. The government has appointed the Ministerial Advisory Committee to consider all submissions, but the Chairman of the Committee has been prominent in the affairs of the Australian Population Institute from its beginning. APop is officiated by professional developers and has the aim of promoting a huge population for Australia. Along with billionaire, Richard Pratt and Steve Vizard, it played a major role in ex-Premier Steve Bracks's 2002 Melbourne Population Summit which began the current campaign to institute population growth as a norm for Australians and used sophisticated propaganda techniques to do this. See /node/594#comment-981and http://candobetter.net/node/149

The members of the committee are:

Geoff Underwood, Secretary to the Victorian Branch of APop http://www.apop.com.au/who.html

Chris Canavan, QC, represented Hotel Windsor Holdings in their bid to get an extension in time for redevelopment, which had been denied them by this [Baillieu] government.

Joanna Stanley, Communications Consultant with the particular specialty of "Advocacy and influence through media and stakeholder relations," but who is better known as the media spokesperson at Brunswick Residents Unite.

Liz Johnstone, Planner, Planning Institute of Australia and Manager, Planning Policy & Projects, Municipal Association of Victoria (MAV).

Planning Backlash's submission

Below is Planning Backlash's submission to the 'Reformed zones for Victoria' Ministerial Advisory Committee. It begins by thanking the Minister for his good work, because of his apparent receptiveness to the need for democratic input, however it then requests very challenging, but absolutely necessary, real reforms.

"Suburban - Residential

We agree with the proposed changes to residential zones as finally we can have the protections against inappropriate development that we have been advocating for since Melbourne 2030 was brought in and forced onto us by the previous government, in spite of our objections. The Residential Zones are excellent and we thank the Minister of Planning for his courage bringing these in, no doubt against the wishes of the DPCD.

However there are a number of points requiring amendment and the Minister has heard us voicing our concerns and has said he is open to change and is waiting for the report of the Review Committee. Our agreement to the whole zone concept is dependent on these amendments, because if these are excluded, the advantages would be seriously compromised.

List of Amendments that we request

1. The Minister will scrap the ‘within 100 metre’ of a commercial zone to prevent commercial creep into residential zones. This can in effect double the business area and has unwanted implications.

2. The Activity Centres will be Principal and Major also central, and must have fixed boundaries, and not extending out 400 metres.

3. Neighbourhood Activity Centres will be just local shopping strips.

4. There will be no population targets.

5. There will be no reduction in residents right to object and appeal.

6. Maximum heights must apply to all buildings in the zone.

7. The only uses not requiring permits in residential zones will be those not requiring permits now. Everything else requires a permit and residents retain the right to object. Current prohibitions must be retained with no dilution of present conditions. Rather, enhance the zones to provide the tools to enable the protection of neighbourhood character.

8. The Council working with residents can say where and how big the residential zones will be and the Minister will approve and the DPCD will not interfere.

9. If the Council wants mandatory heights the Minister will give it and the DPCD will not interfere.

10. No offices and shops as of right in the Residential Growth Zone (RGZ) or the General Residential Zone (GRZ).

11. No food and drink premises as of right in RGZ.

12. No medical centres as of right in RGZ, GRZ or Neighbourhood Residential Zone (NRZ).

13. No place of worship as of right in any residential zones.

14. No changes in size of land where houses can be built without a permit.

15. No to nine metre building heights in NRZ areas as these areas are predominantly one and two storey houses, or in GRZ where it conflicts with the Neighbourhood Character.

16. Neighbourhood character must be considered and this could mean in areas of predominantly single story detached housing that ResCode is varied to suit neighbourhood character, allowing prohibition of boundary to boundary dwellings

17. Height limits must apply to all buildings and not just residential. "

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