An independent analysis of The New Residential Zones for Victoria

Editor's introduction. We were amused to read of this report in the Age and it seems a fitting introduction to the analysis below by A.H. of the infamous 'New Residential Zones for Victoria.

"NIMBY mentality holding us back:
JASON Dowling (Comment & Debate, The Age, 20/2/09) outlined some prime examples of how Victoria's "not-in-my-back-yard" mentality is damaging the modernisation of our state. The disruption to development timetables caused by frivolous complaints often delays essential community projects for months. Master Builders Association surveys show planning delays average over 20 weeks and push up the cost of new homes significantly. More than $1 billion in community projects are held up in the planning system now.

We do not support open-slather development. Municipalities have the right/obligation to set the strategic planning framework. Thereafter, the interpretation should be left to people who can dispassionately interpret whether projects fit within the framework.

The State Government's plans to fast-track some of these projects will help provide essential community infrastructure, underpin 194,000 building jobs, and provide greater certainty for Victoria's building industry. Brian Welch, executive director, Master Builders Association of Victoria"

The DEVIL is in the detail. What every residential property owner should be aware of:

SUBSTANTIAL CHANGE ZONE

• The name says it all, open slather, free range for development, Substantial Change. Money for jam for all developers. NSW style development. Anything goes. Let it rip!! You bewdy!! Towers, Towers, Towers etc. You know what it means. This is where we stuff the 1000 new residents who come to Victoria each week to live, if we can, and some in the other zones too. In 5-10 years this Zone won't be the same. Substantial means just that, Substantial Change. No further explanation needed or required.

INCREMENTAL CHANGE ZONE

• The information sheet (bottom of cover page) dated February 2009 states “The Incremental Change Zone allows for a variety of housing types including medium density. housing provided that it respects the character of the neighbourhood”

• However, upon reading the description of the Incremental Change Zone it states: “Purpose. To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households”.

• NOTE: Information sheet says Zone is to provide “medium density”, yet in the Zone description the word medium density suddenly becomes “range of densities”. Medium density is not mentioned in the description of the Incremental Change Zone at all.

• Question: What is a range of densities? Is that like free-range eggs, big ones and small ones?

Subdivision of Land
Exemption from Notice and Review (Appeal to VCAT)

• An application to subdivide land is exempt from the Notice requirements (you don’t get told about any Subdivision). The decision about the application and your existing review rights to VCAT are exempt. (You don’t know about the decision and no longer have any right to have the decision reviewed by VCAT)

Construction and extension of one dwelling on a lot
Exemption from Notice and Review (Appeal to VCAT)

• An application for construction and extension is exempt from the Notice requirements (you don’t get told about any construction and extension). The decision about the application and your existing review rights to VCAT are exempt. (You don’t know about the decision and no longer have any right to have the decision reviewed by VCAT).

LIMITED CHANGE ZONE

Purpose: To ensure residential development protects the neighbourhood character of the area.

Subdivision of Land
Exemption from Notice and Review (Appeal to VCAT)

• An application to subdivide land is exempt from the Notice requirements (you don’t get told about any Subdivision). The decision about the application and your existing review rights to VCAT are exempt. (You don’t know about the decision and no longer have any right to have the decision reviewed by VCAT)

Construction and extension of one dwelling on a lot
Exemption from Notice and Review(Appeal to VCAT)

• An application for construction and extension is exempt from the Notice requirements (you don’t get told about any construction and extension). The decision about the application and your existing review rights to VCAT are exempt. (You don’t know about the decision and no longer have any right to have the decision reviewed by VCAT)

BOTTOM LINE:

• The Brumby Government is attempting to take away property rights in all three proposed Zone changes, which home owners have had for many years. These rights include, the right to be notified of an Application, the right to object to a development, and where necessary, seek a review of the decision made by the Council at VCAT. In these three Zone proposals, each homeowner is being done over by the politicians. There is no Government mandate for this style of change which was never mentioned at the last state election by the Bracks now Brumby Government.

• We employ the politicians. We are their masters not the other way round. Kick butt!! Do you know who is your State member of the Legislative Assembly and the other lot in the Legislative Council. (Look under Parliament in the Business White Pages) or Google: Victorian Parliament.

• It’s your property. Don’t leave it up to someone else. Express your concern to your employee the politician! Do something now. Defend your property rights whilst you still have them .

• Soon it may be too late other than to say “there goes the neighbourhood!”. Now is the time for all Good Men and Women to lay siege to their State Member of Parliament whatever their political persuasion maybe and defend the home-owner’s piece of paradise. The game is not over yet. We must all stand shoulder to shoulder like any Victorians and fight this proposal which will change our lives forever. Bad public policy is just that, Bad. These proposed changes are designed to appease the usual suspects, the Property Council of Australia, the Master Builders of Victoria, the Housing industry Association and the Institute of Public Affairs. Will you willingly relegate your property rights to these vested interests? Will you sit by whilst the above-named culprits receive a leg-up and financial windfall at your cost. It's time to attack the Brumby Government with all our fortitude and get rid of these new Zones.

A.H.