Planning and the Environment

UYDEC strongly supports rights of citizens to participate in the planning process, as articulated in the Victorian Planning and Environment Act. We supports not only the right for citizens to contribute to planning issues, but believes individuals have a responsibility to do so.We are available to provide assistance to environment groups or others who wish to see environmental values protected and enhanced through the application of the Yarra Ranges Planning Scheme. 

About the Planning process

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Links to other Planning related environment groups

Green Wedge Coalition

160 community & environment groups across Melbourne have formed a coalition to protect Melbournes green wedges. We regard maintaining the green wedges for future generations as a yardstick for our generation’s commitment to developing a sustainable city in a sustainable world.

Planning Backlash

Planning Backlash is an "umbrella" for co-ordinated action by a wide range of groups across city, country and coast concerned with innappropriate planning in Victoria.

Marvellous Melbourne website


 

Melbourne's lungs win protection

Melbourne's lungs win protection

October 01 2002 By Melissa Fyfe Environment Reporter

The so-called lungs of Melbourne - the green wedges that separate the city's growth corridors - yesterday were given names, boundaries and legislative protection from development. In a move applauded by community groups across Melbourne, Premier Steve Bracks yesterday released an official map of the city's 12 wedges.

The areas had been only vaguely defined - and under constant pressure from urbanisation - since Sir Rupert Hamer put them aside as open space in 1971. Mr Bracks also announced interim legislation that should effectively freeze subdivisions in green wedges.

In three months this will be followed by laws banning subdivisions smaller than 40-hectare lots. Depending on feedback, the government is also likely to ban petrol stations, major recreation facilities, offices and warehouses from future green wedge development. The policy is likely to disappoint developers, but yesterday it angered farmers who own land in green wedges.

Farmers say encroaching urbanisation makes their land less profitable, and many plan on subdividing their farms to fund their retirement or provide for future generations. The Victorian Farmers Federation's general manager of policy, Clay Manners, said urban people liked green wedges but did not understand how difficult it was to run a farm near city areas. Forty-hectare subdivisions would not work, he said. "Who is going to buy 40hectares?" he said. "It is too big for a lifestyle block and too small for a farm."

But the Green Wedge Coalition - a body of 150 community groups across the 12 wedges - yesterday were jubilant that legislation would protect open space from creeping subdivision. "In the face of widespread cynicism about politics and politicians, this does much to restore faith in the democratic process," said the coalition's coordinator, Rosemary West.

The move to define and protect the wedges was also applauded by Dr Michael Buxton, associate professor of environment and planning at RMIT University. "The decision to introduce legislation to protect the green belt is one of the most far-sighted environmental planning decisions in Australia's history," he said. There was no need for urban development to encroach on green wedge space. He said that within the city's growth corridors and existing metropolitan space there was a 30-year land supply, "comfortably catering" for the 620,000 houses expected to be built in this time.

The government's strategy will streamline planning controls across the 17 municipalities that include green wedges. It will also create two new planning zones: the Green Wedge Zone and the Rural Conservation Zone. Some of these proposed guidelines are likely to conflict with local council planning schemes.

The manager of planning at the City of Greater Dandenong, Andrew McCulloch, said: "We are going to have to resolve these together." Under the green wedge plan - part of the government's long-term city strategy Melbourne 2030 - councils will form working groups to produce action plans for each wedge. A key issue will be the management of neglected green wedge land.

Native Vegetation

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New residential zones for Victoria due 18 April 2008

The State Government is conducting a review of the residential zones under the Victorian Planning Provisions. THis is an opportunity to comment on the creation of three new residential zones. Information sessions are being held in March at Melbourne, Moonee Ponds, Glen Waverly, Traralgon, Ballarat, Benalla, Bendigo and Geelong.

Go here for more information and/or to make a submission.

Submissions close 18 April 2008.

UYDEC's submission will be placed online soon.

Planning Permit Applications of concern: Current

See below of Shire of Yarra Ranges Planning Permit Applications of concern to UYDEC members:

Chirnside Park Golfcourse

Chirnside Park Golfcourse - 1496 trees proposed to be removed

Shire of Yarra Ranges Council Meeting Agenda item 8-2 13/11/07

Request for an Amendment to the Yarra Ranges Planning Scheme – Rezone Chirnside Park Golf Course to Residential 1 Zone, with Concurrent Planning Permit Application for a 450 Lot Residential Subdivision

This application involves the removal of 1496 trees!

Local residents group - Protect the Park in Chirnside (website?)

The developers website: http://www.oakhaven.com.au/

Monbulk Road Backpackers Hostel Application

A planning permit application was lodged with the Shire of Yarra Ranges for an 80 bed backpackers development in Monbulk on land zoned Low Density Residential (LDRZ). Due to Council's failure to decide this application withing the 60 days time frame, the developer applied to VCAT to have the matter decided.

In the mean time, the Council's planning department prepared a report to Council recommending that the application be refused. Council decided to ignore this recommendation and voted in support of the project. Only one person voted against, Cr Samantha Dunn. The matter then proceeded to VCAT where the Tribunal decided to refuse the application on the grounds that it was not adequately supported by the Council's Planning Scheme and that there was inadequate information for the Tribunal to make an assesment of the adequacy of the wastewater sytsem to treat and retain all waste on site.

Concerned members of the Monbulk community have been in contact with UYDEC with respect to this issue. UYDEC made a formal objection to this development and appeared at the VCAT hearing.

What follows are UYDECs objections to the planning permit application:

 
While broadly supportive of the planning officers report to Council on this planning permit application, we would like to add the following grounds for refusal.
 
Protection of waterways (Cl. 22.11-3)
The Planning Scheme states that “Buildings and works be sited to avoid detriment to the ecology of any stream or watercourse on or near the site and provide satisfactory drainage and stormwater management measures.”
The proposal has not at all addressed the issue of how stormwater will be managed from this site. As the site is adjacent to the Emerald Creek this is a significant issue.
 
The Emerald Creek is habitat for the Sherbrooke Amphipod [This is distinct to the Dandenongs Amphipod – also rare but much more abundant than the Sherbrooke Amphipod] (Austrogammarus haasei) which is listed as a threatened species under the Flora and Fauna Guarantee Act 1988 in Victoria.  An Action Statement has been prepared about the species and it describes the Sherbrooke amphipod as having a very restricted distribution in Victoria and until recently it had not been sighted since 1911. In 1911 the location of this sighting is thought to be not very far upstream of the proposed development. The current habitat of the species is the headwaters of the Emerald Creek.
 
Urban development is thought to be the means by which this species has declined in abundance. The Amphipod is significantly prone to future threats which are likely to result in its extinction. This proposed development and the consequent stormwater and pollution caused by it may further reduce the environment for the species at a time when we need to extending suitable habitat to ensure its conservation and allow it to recolonise and expand its current range.
 
Local Planning Policy on Residential Areas Clause 22.01
The site is zoned low density residential and therefore is covered by the provision of Cl.22
 
Residential Areas - Rural Township
The site is located on the outskirts of Monbulk, such a development would be better placed closer to the services and facilities of the Monbulk Township, ideally within walking distance of the town centre. The planning scheme categorises Monbulk as a rural township. One of the objectives of local policy on rural townships is the retention of the compact character of rural townships with their distinct village-like character and environmental features. The proposed development does little to further the implementation of this objective by building such a high density facility on the outer most fringe of the township
 
Residential Areas - Land Use (Clause 22.01- 2)
The Shires local planning policy on land use in Residential Areas – Land use (has the objective of ensuring that land use in all residential areas remains  committed to single dwelling housing.  The proposal does not meet this land use objective.
 
The scale and intensity of this project are too great to ensure the protection or residential and environmental values. The proposed use is an overly intense use of the land in particular with regard to the nature of abutting sites. The nearby residential character as a whole and will be detrimentally impacted upon by this proposed development.
 
The proposal has not made any case as to why they are better located in the residential part of Monbulk than in the town centre.  This development would be much better located in a town centre, close to all the services and facilities that it affords a backpacker, particularly one who doesn’t have access to private transportation. Four hundred metres is the distance usually considered to be walking distance. The proposed development is at least three times this distance to the shops and is a fair distance when walking with loaded bags.
  
MSS
The MSS (21.06-3) specifies that “Prevent more intensive development in areas of low density rural residential use as these areas act as buffers or areas of transition between urban areas and other areas of
high agricultural and environmental significance.”  The achievement of this gradual buffering between townships and other land uses will be undermined if a development of the proposed intensity were to go ahead on the site of the application.
 
While a good case has been made that there is a need for this type of accommodation in the region generally, no case has been presented as to why it belongs on this particular property or outside the commercial centre of Monbulk.
 
For the above reasons and those detailed in the officers report to council we support Council informing VCAT that Council would have refused the application had it the opportunity to determine it.

 

VCAT Consulation Forums

The Planning and Environment List of VCAT proposes to conduct a series of consultative forums with stakeholder groups during 2008, including:

Their purpose will be to:

See the Invitation and Registration form below for further details. www.vcat.vic.gov.au/CA256902000FE154/Lookup/planning_list/$file/planning_consultative_forums_invitation.pdf

 

Judge may toll the bell on VCAT's old ways

http://www.theage.com.au/news/national/judge-may-toll-the-bell-on-vcats-old-ways/2008/02/19/1203190828430.html

Josh Gordon
February 20, 2008

VICTORIA'S legal dispute umpire could be set for an overhaul, with a new audit to examine whether it is providing the public accessible, low-cost and speedy justice.

Attorney-General Rob Hulls yesterday revealed that Supreme Court Judge Kevin Bell — a keen winemaker considered to have a strong commitment to social justice — will be the new president of the Victorian Civil and Administrative Tribunal.

His biggest task during his two-year appointment will be to conduct a review of the tribunal, to be delivered to the Government before the 2010 election.

Mr Hulls said it had been a decade since the tribunal was set up and it was time to consider its direction and effectiveness.

"After 10 years of operation, it is timely for an audit of the tribunal to take place," Mr Hulls said. "Justice Bell will look at VCAT's operations and assess its current directions and future needs."

Justice Bell, who will begin his term as president on March 31, has been told to examine how VCAT might improve access to justice, whether the use of technology and mediation has helped resolve disputes more quickly and whether the expansion of the tribunal to cover new roles has been appropriate.

"The Brumby Government wants to ensure that VCAT remains easily accessible to all Victorians, providing a low-cost, timely and flexible service," Mr Hulls said.

The tribunal has come under fire from resident action groups claiming it has favoured developers in local planning disputes.

A 2005 study by the Malvern East Residents Group examined almost 1500 medium and high density housing planning applications, and found the tribunal ruled in favour of developers 63% of the time.

Justice Bell has spent the past three years on the Supreme Court bench, after 20 years as a barrister and eight as a Queens Counsel. He is widely regarded as a skilled jurist, described as "meticulous and thorough".

Justice Bell replaces Justice Stuart Morris who retired as president last year.

Justice Morris was the subject of controversy following revelations that a developer had lodged an application to build a 92-unit retirement home costing $21.5 million on land at Ivanhoe that he and his wife owned.

 

 

Yarra Ranges Housing Strategy

 

Exemption Call: Star News 27/11/07

Exemption call

SHIRE of Yarra Ranges councillor Noel Cliff is calling for the Dandenong Ranges to be removed from the council’s draft housing strategy. This comes after months of intense speculation over the strategy, which residents and environmentalists believe is flawed.

The strategy, which was released for public comment at the beginning of September, outlines intentions to introduce high density housing in areas such as Belgrave, Monbulk, Montrose, Mt Evelyn, Seville, Upwey, Tecoma, Woori Yallock, Healesville, Yarra Glen and Yarra Junction.

Cr Cliff said residents fear that if the housing strategy were to go ahead it would have a severe impact on the hills way of life. “There are a lot of concerned people out there over this,” he said. “People are really scared that the Dandenongs will be turned into another Coburg with no trees or bushland.” Cr Cliff believes that the Dandenong Ranges needs to be pulled out of the strategy. “We have got to stop and start again,” he said. “The strategy is important and we have to have one but we need to do it all again.”

Cr Samantha Dunn said that introducing high-density housing into areas such as Belgrave and Tecoma would be a mistake. “It is pretty clear that the community rejects the idea of high density housing,” she said. “I will be advocating their position to the council – this area is far too sensitive for high density housing.” However, Cr Dunn said she still has concerns over the lack of socially assessable housing for people living in the Yarra Ranges.

Cr Cliff also believes the council has started off on the wrong foot where the strategy was concerned. “We need to get the community involved with the strategy before anything is put down on paper,” he said. But Cr Dunn said the strategy was never meant to be a ‘done deal’ and that this misconception had caused a lot of problems. She believes the process still works but that the community needs to remember the draft was put on display so people could have their say. Cr Cliff plans to call for support from his fellow councillors to remove the Dandenongs from the strategy at an ordinary council meeting tonight (Tuesday).

http://www.starnewsgroup.com.au/story/51920

By Tania Martin 27th November 2007 02:01:10 AM

 

Housing Strategy Outrageous!

Upper Yarra & Dandenongs Environment Council

Press Release 17th August 2007

Outrageous!

On Tuesday night Coucil approved a Housing Strategy and Action Plan for consultation that will effectively encourage high density housing development in Monbullk, Belgrave, Montrose, Tecoma, Upwey and Warburton.

This goes against broad and deeply held community wishes and sets Upper Yarra and Dandenong Ranges region on a path distinctly different to where we have been heading for the last 25 years.

“Council has been very brave in putting this new strategy out for two months of consulation with this recommendation for medium or higher density developments in it” said Jo Tenner, President of Upper Yarra & Dandenongs Environment Council. “ The state government’s long term strategy is very clear on this, higher density housing is to be located in Lilydale and Chirnside Park only, not the other locations included in Council housing strategy.”

We encourage coucil to heed the communities views on this matter and restrict medium and higher density housing to Lilydale and Chirnside park.

Preliminary Response to Housing Issues Paper June 2008

The following is the contents of a letter forwarded to all Yarra Ranges Councillors on the 24 June 2008.

Dear Councillors,
 
Firstly, congratulations on the draft housing issues paper that recommends the removal of consolidation zones from many of our small townships across the shire.
 
We ask however that you consider adding a brief consultation period for the final housing strategy prior to councils adoption of it in October 2008.
We also wish to point out that the State government has recently announced a significantly reduction of the number of activity centres, focusing on those closer to the City as a means of consolidating growth away from the fringes. The housing strategy needs to reflect this announcement.
 
And finally, we believe that to preempt the review of residential zones and attribute the proposed new residential zones to areas in the shire is very premature and needs to be reconsidered, particularly in light of the above point. We do not support any areas being designated substantial change zones.
 
UYDEC will provide a more substantial response to the draft housing issues paper over the coming days. The comments above are made in the hope that you will amend aspects of the issues papers recommendations for the completion of the housing strategy.
Your sincerely
 
Jo Tenner
President
Upper Yarra & Dandenongs Environment Council.
 

 

Reaction to Draft Housing Strategy

The Upper Yarra & Dandenongs Environment Council (UYDEC) believes that the Shire of Yarra Ranges draft Housing Strategy & Action Plan is fundamentally flawed.

It is contrary to three decades of strategic planning as encapsulated by the 1976 Act of Parliament titled Upper Yarra Valley and Dandenong Ranges Authority Act 1976 which was an Act to make provisions for the protection and conservation of the Upper Yarra Valley and the Dandenong Ranges and for other purposes.

Statement of Planning Policy No. 3 (as varied April 1979) states “There shall be no net increase in the total provision for residential development in the Dandenong Ranges; and no significant increase in the Yarra Valley and the southern foothills beyond that provided for in proposals approved or exhibited at the date of the adoption of this Policy” (section 2.1).

The Dandenong Ranges are defined as being bounded by the 150m contour line.

Melbourne 2030 has directed that further residential development is to occur in designated activity centres defined as Lilydale & Chrinside Park.

The Outer East Housing Strategy also directed further residential development to same activity centres.

UYDEC seeks a better outcome for the region than that described in this draft strategy. We ask Council to discard the draft strategy. To use  proposed new residentail zones to properly protect all of the Shire of Yarra Ranges townships, whereby all townships in the Shire should be designated as 'no-go' zones with only Chirside and Lilydale as 'slow-go' areas.