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Appendix 3
Draft Green Wedge and Rural Conservation Zones

Part 1. Discussion paper

Introduction
A key strategic direction of Melbourne 2030 is to protect green wedges and conservation areas of metropolitan Melbourne from inappropriate development.

To implement this strategic direction, we need a different approach to the use, development and protection of land
in green wedges.

The approach in green wedges is to:

• clearly identify the location and boundaries of these areas
  
• provide certainty to landowners and the community about land use and development
  
• recognise and respond to unique features and values
  
• provide appropriate mechanisms for councils to manage the effects of land use and development
  
• ensure consistency in planning policies and controls across municipal boundaries.

An approach that integrates planning policy and control in planning schemes is preferred. This would be consistent with the key principles underpinning the format and content of planning schemes.

Proposed new Green Wedge Zone and Rural Conservation Zone
Planning controls are essential tools for realising strategic directions. This paper discusses the option of introducing specific zones to facilitate appropriate development in green wedges. However, it is recognised that additional tools and other actions may also be needed to achieve the desired outcome.

Government is not yet fixed on the final provisions for the zones. Accordingly it is seeking comments on the intent and detail of each zone.

The zones in detail
The proposed Green Wedge Zone and Rural Conservation Zone are the two main zones to be applied to rural land in green wedges. The specific features and values of the land, and each local council’s strategic objectives for the area, will determine which zone should be applied to specific land.

The provisions of the two new zones are standard, which means that the land use, buildings and works, and subdivision controls cannot be locally changed.

Rural Conservation Zone
This zone aims to protect and conserve the natural environment and natural processes for their historic, scientific, landscape, habitat, or cultural values. A schedule to the zone allows specific conservation values of the land to be listed.

This will be the main zone applied to land with conservation values, however, other zones may also be appropriate in some circumstances. It is also possible that a combination of rural zones may be applied within a conservation area if it is intended that different parts of the area will be used for different purposes.

Initially, it is expected that the zone would only be applied to areas with conservation value in metropolitan Melbourne. However, it could be applied in other parts of Victoria.

The Rural Conservation Zone is the most restrictive zone. Small-lot excisions and most non-rural uses are prohibited. The minimum lot size for subdivision is 40 hectares, which is based on the minimum lot size in the Rural Zone and the Environmental Rural Zone. If a different lot size is proposed, this should be determined following an analysis of the existing lot sizes that apply to land in conservation areas.

The conservation value of areas will vary. A schedule to the zone also allows the council to set out any specific conservation values for an area. Councils should also consider the use of the Local Planning Policy Framework (LPPF) of their planning scheme to articulate the qualities and features of conservation areas and the strategies for their protection.

Green Wedge Zone
This is the main zone to be applied to rural land outside the UGB.

This zone aims to recognise and protect land that is adjacent to urban areas for its agricultural, environmental, historic, landscape or recreational values, or mineral and stone resources.

The Green Wedge Zone would initially be applied to rural land in metropolitan Melbourne. However, it could also be applied to rural areas adjacent to regional cities and towns.

This Green Wedge Zone is less restrictive than the Rural Conservation Zone but more restrictive than other rural zones (except in relation to agriculture). Some non-rural uses may be permitted. However, these are generally limited to uses that either support agriculture or tourism, or that are essential for urban development but cannot locate in urban areas for amenity and other reasons (such as airports, waste treatment plants, landfills and reservoirs). The zone prohibits some non-rural uses that have been able to establish in the past, such as schools, churches, convenience restaurants, service stations, landscape supplies, motels and second dwellings. Most small-lot excisions are also prohibited.

The default minimum lot size for subdivision is 40 hectares, which is based on the minimum lot size in the Rural Zone and the Environmental Rural Zone.

Councils can use the LPPF of their planning scheme to articulate the qualities and features of different areas,
to guide the application of the zones and to guide the exercise of discretion in relation to permit applications
for non-rural uses.

Relationship to the other rural zones
We propose to add the two new zones to the current suite of rural zones, which comprises the Rural Zone, Environmental Rural Zone and Rural Living Zone. These zones are to be generally applied as follows:

• Rural Zone – applied to farming land, including broad hectare farming, irrigation, dairying, intensive horticulture or intensive animal husbandry, outside metropolitan Melbourne.
• Green Wedge Zone – applied to rural land within the Melbourne metropolitan area and (if required) rural land adjacent to regional cities and towns.
• Rural Living Zone – applied to rural residential or hobby farm areas.
• Environmental Rural Zone – applied to rural areas where the protection of environmental qualities and characteristics is of high importance.
• Rural Conservation Zone – applied to rural land in areas where the identified environmental, landscape and cultural qualities and characteristics of the land are of importance.

The main differences between the Green Wedge Zone and the Rural Zone are:

• in the Green Wedge Zone, the range of permitted non-rural uses is limited to those that support agriculture or tourism, or that provide essential services to adjacent urban areas but cannot locate in those areas for amenity or other reasons. In contrast, the Rural Zone allows a much wider range of non-rural uses to cater for community needs in the more remote rural parts of Victoria.
  
• in the Green Wedge Zone the small-lot excision provisions are much more restrictive than in the Rural Zone.
  

The main differences between the Rural Conservation Zone and the Environmental Rural Zone are:

• in the Rural Conservation Zone, the range of uses is much more restrictive than in the Environmental Rural Zone and there are no small-lot excision provisions
  
• in the Rural Conservation Zone, the minimum lot size is 40 hectares, whereas in the Environmental Rural Zone, the minimum lot size is determined by the local council based on the environmental outcome to be achieved.

When introduced, the Environmental Rural Zone was intended to operate like a conservation zone, being applied to areas where the environmental value of the land is of prime importance (Final Report New Format Planning Schemes, April 1999). The introduction of a Rural Conservation Zone could compete with this role unless there is a clear distinction between the purposes of the two zones. The Rural Conservation Zone has been distinguished from the Environmental Rural Zone by also including the capacity to reco gnise landscape and cultural values.

Part 2. Comparison of zone provisions

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