Implementation plans > Green wedges > Appendix > Appendix 4

Appendix 4
Green wedge legislation

Greater certainty must be provided about the long-term future of green wedges. This message was clearly received during the public consultation period for Melbourne 2030. Concerns were expressed about a reduction of green wedge values through rezonings for urban developments, ad hoc subdivision and the incursion of urban uses into rural areas. There were concerns that, collectively, these activities had watered down the planning principles that should apply to green wedges. In turn, this had led to an increase in speculation and uncertainty for landowners and the community generally.

To gain a better understanding of possible planning and legislative responses to these issues, the Government established a small working party to recommend changes to planning controls for green wedge areas and to advise on related legislative action. This comprised an academic from RMIT University, a representative of the Upper Yarra and Dandenongs Environmental Council, and officers from the Yarra Ranges Council and the DOI.

Changes to planning controls
The working party recognised the Government's existing commitment to introducing effective legislation to control ad hoc subdivision and inappropriate development of green wedges. Accordingly, it recommended that a list of core requirements should be specified for consistent application in green wedge areas. These included two topics: prohibited uses and limits on subdivision. The working party's suggested list of prohibited uses is as follows:

Uses
These uses would be prohibited in green wedges:

• Accommodation other than:
  
  • camping and caravan park
    
  • dependent person's unit
    
  • dwelling (must be the only dwelling on the lot)
    
  • host farm
    
  • residential hotel (must be used in conjunction with agriculture and no more than 20 persons may be accommodated away from their normal place of residence).
    
    
• Brothel
  
• Child-care centre
  
• Cinema-based entertainment facility
  
• Display home
  
• Education centre, except if used in conjunction with either agriculture or natural systems and the number of patrons present on the premises at any time does not exceed 100
  
• Funeral parlour
  
• Hospital
  
• Indoor recreation facility
  
• Major sports and recreation facility
  
• Office
  
  
• Place of assembly other than:
  
  • carnival
    
  • circus
    
  • exhibition centre
    
  • function centre
  • hall
  • restricted place of assembly (must not be used for more than 14 days).
    
    
• Research centre (must be used in conjunction with agriculture)
  
  
• Retail premises other than:
  
  • market
    
  • plant nursery
  • primary produce sales
  • restaurant, except if used in conjunction with agriculture and the number of patrons present on the premises at any time does not exceed 100. If used in conjunction with a function centre, the combined number of patrons present on the premises at any time must not exceed 100.
    
    
• Service station
  
  
• Warehouse other than:
  
  • freezing and cool storage (the goods stored must be agricultural produce, or products used in agriculture)
    
  • milk depot
    
  • rural store
    
  • solid fuel depot
    
  • vehicle store.

Subdivision
Each lot must be at least the area specified for the land in the schedule to the zone on a date fixed by legislation. If no area is specified, each lot must be at least 40 hectares.

After the fixed date, the minimum lot size specified in the schedule to the zone may only be changed by legislation.

Smaller lots may be created if any of the following apply:

• the subdivision is the re-subdivision of existing lots
• the subdivision is by a public authority or utility service provider to create a lot for a utility installation

The proposed Green Wedge and Rural Conservation Zones referred to in Action 2 and shown in Appendix 3 have been made consistent with the proposed core requirements. If endorsed, the core requirements will also need to be translated into other zones such as the Environmental Rural Zone.

Related legislative action
There are a number of options for translating the core requirements into legislative action.

The favoured option is to provide for an amendment of the Planning and Environment Act 1987 to include provisions that enable the green wedge area to be defined, and that specify core provisions (as above) with which planning schemes in the defined green wedge area must be consistent.

This would mean that the core requirements applicable to all zones in the defined green wedge area could be changed only by legislation. Because the new Green Wedge Zone, the Rural Conservation Zone, and any other zone made consistent with the core requirements would be consistent with the legislation, the normal amendment process could be used to enable their flexible application within the green wedge area.

Other legislative options have been examined but each has drawbacks. For instance, legislation could give the Minister for Planning powers to develop strategic policy statements for compulsory consideration by planning authorities in preparing amendments to planning schemes. Such statements could give clearer directions to planning authorities about planning aims in different areas or for different issues. However, this option does not directly restrain land uses and subdivision, and closely replicates what could now be included in the State Planning Policy Framework or the LPPF.

Another option could require the preparation and approval of planning scheme amendments in a defined green wedge area to be approved by resolution of both Houses of Parliament. While this method would prevent planning authorities beginning work on amendments inconsistent with Melbourne 2030, it is administratively burdensome and does not respond to the core requirements recommended above.

The Government seeks public comment on a final model for the legislation, and on the proposed list of core requirements.