New Residential Zones for Moonee Valley

New residential zones for Moonee Valley

Frequently asked questions

The State Government has introduced new residential zones for Victoria. The changes for Moonee Valley involve replacing the current Residential 1 Zone with three new residential zones: Residential Growth Zone, General Residential Zone and Neighbourhood Residential Zone.

General Questions

Whatis the difference between the Neighbourhood Residential Zone and Neighbourhood Residential Zone – Schedule 1?

Council acknowledges that there is some confusion as to the Zone specified in the letters sent out and the Zone descriptions in the fact sheet. The Neighbourhood Residential Zone and the Neighbourhood Residential Zone – Schedule 1 are the same. Zones are standard across all Victorian Councils, and Schedules to Zones allow Council to ‘customise’ the zone to suit the local context. As such, each Zone has a Schedule 1, including the Neighbourhood Residential Zone and Residential Growth Zone. The only Zone with more than one Schedule is the General Residential Zone, which has 2 Schedules.

What are the Approved Structure Plan Boundaries?

The Victorian State Government has identified a number of activity centres around Metropolitan Melbourne as areas to accommodate a significant proportion of growth over the next 20-30 years. Working with the community and government agencies, Council has determined the boundaries for a number of these centres through the structure planning process, including Airport West, Essendon North, Keilor Road and Moonee Ponds. These adopted boundaries help provide a context for where growth will occur into the future.

Why is my property being rezoned?

The State Government has introduced three new residential zones, in addition to new commercial and industrial zones.

Councils must apply the new residential zones by the start of July 2014.

The new residential zones are designed to give greater guidance about the type of housing that can be expected in residential areas, across Victoria.

There are three new residential zones; Neighbourhood Residential, General Residential and the Residential Growth Zone.

It is up to local Councils to propose how the new zones will apply across each municipality.

If Council does not put forward a proposal to apply the new zones, as of 1 July 2014, all properties which are currently zone Residential 1 Zone will be rezoned to General Residential. This zone is the most similar to the current Residential 1 Zone, which applies to the majority of residential properties.

How has Council determined what zone my property should be rezoned to?

Council used its current strategic documents including its adopted Housing Strategy, Neighbourhood Character and Heritage Studies as a starting point as to how to apply the new zones.

In addition, Council has considered the State Government Practice Note: Applying the Residential Zones, and has taken into consideration existing conditions and current policy revisions and existing planning controls. Council has taken a longer term view of what the municipality should look like.

Of importance to Council is the protection of ‘high quality housing areas’ and heritage housing.

The new zones, would restrict new development in some areas but would still allow for greater densities of new housing to occur in other areas across the municipality. This is important to ensure there will be a mix of housing available for both existing and new residents in the future.

What if I am unhappy about the zone my property is proposed to be rezoned to?

Council has chosen to use a process set up by the Minister for Planning for the implementation of the new residential zones. The Minister for Planning has appointed a Standing Advisory Committee who will consider all submissions and provide a report outlining their views on how Council is proposing to implement the new residential zones.

If you would like to make a written submission to the Committee, you can do so before 17 April 2014.

Submissions can be made online at www.dtpli.vic.gov.au/residential-zones-advisory-committee, and you must complete the online Submission Coversheet. Parties wishing to post in a written submission will need to contact Ms Cutting at Planning Panels Victoria to obtain a hard copy of the Submission Coversheet.

Please note that submissions must be directed to the Committee through Planning Panels Victoria. Council cannot accept submissions.

All submissions and all information provided at the Hearing will be treated as public documents.

The Committee has pre-set the Hearing dates for the week starting 28 April 2014. If you wish to present at the Hearing, please complete the relevant section of the Submission Coversheet.

If you have any questions regarding the Advisory Committee, how make a submission or the public hearing, please contact Jessica Cutting, Senior Project Manager at Planning Panels Victoria on 8392 6383 or .

Will my property be devalued as a result of the new zones?

Without sales evidence it is impossible to predict the outcome of zoning changes.

However, a change in zoning to the neighbourhood residential zone, on a site which may have been a potential development opportunity (for example a site with dual street frontages) where multi-unit developments are now prohibited may decrease in value. On the other hand, people may wish to live in an area where there may be limited development opportunities.

In the general residential zone builders and developers may feel more confident in obtaining planning approval for two or more residential buildings and this may in turn lead to increased property values.

What is the process for applying the new residential zones?

Council has chosen to use a process set up by the Minister for Planning for the implementation of the new residential zones. This process involves a Standing Advisory Committee who will consider all submissions and provide a report on how Council is proposing to implement the new residential zones.

Why was there no consultation on the application of the new residential zones?

Council is currently consulting on the application of the new zones. In proposing the application of the new zones, Council has used its adopted documents and strategies, which were consulted on extensively during their development.

The consultation process which Council is currently undertaking is significantly more extensive than what is required by the Standing Advisory Committee. We realise that the new zones impact on what property owners can do with their land and it is therefore considered important to notify all residential property owners across the Municipality.

What happens from here?

If you would like to make a written submission to the Committee, you can do so before 17 April 2014.

Please note that submissions must be directed to the Committee through Planning Panels Victoria. Council cannot accept submissions.

All submissions and all information provided at the Hearing will be treated as public documents.

The Committee has pre-set the Hearing dates for the week starting 28 April 2014. If you wish to present at the Hearing, please complete the relevant section of the Submission Coversheet.

Can you tell me about the information sessions?

The information sessions will be a facilitated panel discussion including Council Officers, as well as the Mayor or Deputy Mayor.

The first part of the session will be a presentation on the introduction of the new residential zones in Moonee Valley and the potential impacts for residents.

This will be followed by an opportunity to ask any questions in relation to the requirements of the new zones and the process for implementing them.

How will the advisory committee work?

All submitters will have an opportunity to present their submissions at the advisory committee in person. Individuals will have up to 30 minutes to present at this hearing, with agencies and community groups allowed up to 60 minutes. Submitters need to identify whether they choose to present to the Advisory Committee on the submission cover sheet. This is likely to be a similar process to a Panel hearing.

The Advisory Committee will consider all submissions and Council’s proposal

The Advisory Committee hearing for Moonee Valley will be held the week of 28 April 2014.

What is a Schedule in Residential Growth Zone, General Residential Zone and Neighbourhood Residential Zone?

Schedules are one way of including local content in planning schemes and varying the standard requirements of the residential zones.They can be used to supplement or ‘fine tune’ some State Government provisions, in the zones, adapting them to local circumstances.The new residential zones allow Councils to use schedules to specify different standards to those already within the Planning Scheme.

Currently Council is only proposing to make one change to the Neighbourhood Residential Zone to allow for an additional dwelling every 300m2 where a land parcel is greater than 900m2and has a frontage of greater than 20 metres. It is also proposing to introduce a General Residential – Schedule Two to set a mandatory height limit of 10 metres in certain areas.

The General Residential Zone – Schedule One does not vary the State provisions (i.e. there are no mandatory heights), it just uses ‘Schedule One’ in it’s title to specify that it is different to Schedule Two.

There is no schedule proposed for the Residential Growth Zone.

Why are there not more schedules to the proposed zones?

Council considered that only a small number of schedules were needed to keep the proposed approach effective yet easy to understand.

The residential zones are only one aspect of the Planning Scheme. In assessing planning applications, the zones need to be read in conjunction with other sections of the Planning Scheme. For example, in many residential streets, townhouse or unit-style development would be considered more appropriate than apartment-style development based on the preferred character of the area.

Am I still able to dispute an application at VCAT under the new zones?

Objectors can still take an applicant to VCAT. The application of the new zones will not make any changes to this.

Why are some properties close to rail stations under the Neighbourhood Residential Zone but others further away from the rail station in a General Residential Zone?

A number of properties close to rail stations are also within a Heritage Overlay Precinct. This was one of the criteria Council used in applying the Neighbourhood Residential Zone. Alternatively, other properties further away from rail stations may still be considered in close enough proximity to the station and other services but may not be within a Heritage Overlay Precinct.

Why is Council proposing to apply the General Residential Zone – Schedule 2 in areas around Strathmore North Primary School, which is currently at capacity?

The General Residential Zone – Schedule 2 is no less restrictive than the current Residential 1 Zone. If anything it is more restrictive by proposing a mandatory maximum height limit of 10 metres, compared with the current discretionary height limit of 9 metres (can be exceeded).

It is worth noting that the population of Strathmore – Strathmore Heights is expected to remainrelatively unchanged over the next 20 years, if anything currently it is expected to decline marginally. This is compared with the strong expected increase across a number of suburbs in Moonee Valley - the new zones are not expected to change this.

Why can’t Council just apply the Neighbourhood Residential Zone to all residential properties?

The population of Metropolitan Melbourne is growing significantly, creating the need for new dwellings across all Metropolitan Councils. In an effort to reduce urban sprawl and allow for housing diversity and affordability, the State Government seeks to provide a significant portion of new dwellings around existing infrastructure. Moonee Valley City Council is committed to doing its part to address issues of Regional and State Significance.

Should Council propose an application of the new residential zones which doesn’t allow for an appropriate level of growth, then the proposal may not have enough strategic justification to be approved by the Minister for Planning.

Will Council put more money into infrastructure?

Council acknowledges that new developments should contribute to the amenity of an area, not detract from it. This is why Council currently collects public open space contributions from developers to help upgrade existing open space and provide new spaces where possible. In addition, Council negotiates with larger developers to provide appropriate infrastructure or financial contributions to help improve an area.

Council has also been closely involved with the State Government’s Review of the Development Contributions Levy Scheme with the aim of obtaining more funding for local infrastructure. It is expected that the new contributions scheme will be released shortly in association with the Metropolitan Planning Strategy, Plan Melbourne.

Transitional arrangements

I have a current planning application/application for subdivision in with Council. Will this application be assessed using the old or the new zones?

Under the State Government’s transitional arrangements all applications for land within the proposed Neighbourhood Residential Zone, which are lodged before the approval date for the introduction of the Neighbourhood Residential Zone into the planning scheme will not be subject to the mandatory height and maximum dwelling provisions within the Neighbourhood Residential Zone.

The State government has not introduced transitional arrangements in relation to building height in the General Residential Zone. This means that if you are in the General Residential Zone 2 where the maximum height is proposed to be 10 metres and your application exceeds this, once this is in the planning scheme you must lower the height of the development to 10 metres. This does not apply if a permit has been issued prior to the approval date to introduce the General Residential Zone. Council does have the ability to introduce transitional arrangements into the schedule to the General Residential Zone, and this is something that will be considered prior to the Advisory Committee hearing.

Up to what date can I submit an application and it will continue to be assessed using the existing residential zones?

As the application of these zones needs to be approved by the Minister for Planning, it is difficult for Council to say exactly when the new zones may be approved and introduced into the Moonee Valley Planning Scheme. If no decision has been made by 1 July 2014, then all land may be subject to the General Residential Zone (with no maximum height limits) until the planning scheme amendment to introduce the new zones is approved by the Minister for Planning. The General Residential Zone is very similar to the existing Residential 1 Zone.

My application is going to VCAT and the hearing might occur after the new zones come in. Will my application continue to be assessed using the current zones?

As the application was made prior to the introduction of the new zones, then the mandatory height and maximum dwelling provisions will not apply in relation to the Neighbourhood Residential Zone.

If in the General Residential Zone – Schedule 2 the maximum heights would apply so the application would need to be amended.

If I apply for an extension to my planning permit application will it continue to be assessed against the current residential 1 zone?

You may apply for an extension of time to your planning permit. However, if it allows development that would otherwise exceed the mandatory requirements of either the Neighbourhood Residential Zone or the General Residential Zone – Schedule 2 Council is not likely to support giving an extension of time.

Your application would be assessed based on the new residential zones. This may mean that if you are proposing a height that exceeds the maximum height allowable under the new zones, you may have to lower this to meet the maximum height requirement.

Questions about the Neighbourhood Residential Zone

What will it mean if my property is proposed to move from a Residential 1 Zone into a Neighbourhood Residential Zone?

This is the most restrictive zone. You would not be able to build any more than two units on a site (unless the site is larger than 900sqm where one dwelling per 300sqm is possible).

The building height for dwellings is limited to 8 metres (9 metres on sloping sites). This is around two storeys using standard floor to ceiling heights. Pitched or sloping roofs may also mean that a building of two storeys is greater than 8 metres.

Once introduced these would be mandatory controls and cannot be varied. For example you cannot go to VCAT to exceed this maximum height. Therefore, you cannot apply for planning approval to have more than two dwellings on a lot or for a building height of greater than 8 metres.