FAQ

Amendment C117 is a change to the Manningham Planning Scheme which seeks to strengthen the local planning policy for land use and development within Manningham’s rural areas.

More specifically, the Amendment proposes to:

• Amend the Municipal Strategic Statement (MSS) to provide further strategic guidance of appropriate land use applications;
• Include the Rural Areas Land Uses Position Paper (2017) as a reference document in the planning scheme;
• Expand the scope of the local policy relating to Outbuildings in the Low Density Residential Zone to apply to outbuildings in the Rural Conservation Zone;
• Insert a new local planning policy to guide non-residential uses in the Rural Conservation Zone.

Council has undertaken a review of land uses in Manningham’s rural areas.  The rural areas have been defined as properties that are zoned Rural Conservation Zone and predominantly fall within the Green Wedge.

The purpose of the review was to provide a clear vision for securing the long term sustainable viability of the rural areas.  In particular, the key focus was to provide for an appropriate diversity of activity that supports economic and tourism opportunities with clear guidance for assessing environmental and landscape impacts.

The review has identified a number of key issues including: increased residential development pressure throughout the Green Wedge resulting in undesirable buildings and vegetation removal; ongoing land use conflicts; ongoing bushfire risk; decline in agricultural uses; and limitations with the existing planning framework restricting some tourism opportunities.

The review has found that:

• Council’s strategic documents that guide the protection of the Green Wedge and economic development in Manningham, namely, the Green Wedge Action Plan 2020 (GWAP) and the Manningham Economic Development Strategy 2011-2030 (MEDS), are generally consistent with respect to the balancing and protection of environmental values with economic opportunities.
• Agricultural activity is not the dominant land use within Manningham’s rural areas.
• Opportunities exist to enhance Manningham’s tourism offerings within a clear framework of enhancing and protecting the city’s special environmental and ecological values.
• The Rural Conservation Zone (RCZ) is the most appropriate zone to apply to Manningham’s rural areas to ensure sustainable and viable land uses having regard to the GWAP and MEDS.
• There is currently a gap in the Manningham Local Planning Policy Framework for dealing with, amongst other things, recognition of the opportunities that exist to enhance tourism based land uses in the Green Wedge within a clear framework of protecting the Green Wedge.  The proposed planning scheme amendment (Amendment C117) proposes to strengthen the statutory framework for land use and development within Manningham’s rural areas.

The Position Paper also, proposes criteria to provide further guidance for Council in considering uses that are currently prohibited within the current zoning but may have strategic merit and respect and enhance the environmental values of the Green Wedge.  These criteria will provide Council with a decision making framework within which to consider such proposals.  These criteria will require a high degree of strategic justification before proposals are considered by Council.  These criteria can be found within the Rural Areas Land Uses Position Paper (20127) which is proposed to be included in the Manningham planning scheme as a ‘reference document’.  They will therefore have some statutory status and carry greater weight than if they were not referenced in the planning scheme.  These criteria is an addition to the amendment.

Green Wedges are the non-urban areas that are located outside Melbourne’s Urban Growth Boundary.  What makes green wedges distinct is the protection of the natural and rural character.  There are 12 designated green wedges in Melbourne, which form a ring around the metropolitan area.

About one third of the total green wedge area is public land.  This includes national parks, reserves and water catchments.  Green wedge areas also contain a mix of agriculture and low-density rural residential living.

The Manningham’s green wedge is mostly located east of Mullum Mullum Creek and is shared by the Shire of Nillumbik and the City of Maroondah.  Manningham’s green wedge is a valuable asset that must be protected from land uses that are incompatible and may compromise its strong environmental values.

The protection of Manningham’s Green Wedge is managed through several policies and planning controls within the Manningham Planning Scheme. 

Manningham’s green wedge (rural areas) comprises approximately 27% of the total land area of the municipality.  The majority of properties within the green wedge are zoned Rural Conservation Zone (RCZ).  There are approximately 1,050 properties within the RCZ.

The RCZ applies to the majority of privately owned land within the Manningham Green Wedge. The purpose of the RCZ is to protect land for its environmental and conservation values.

The minimum lot size under this zone ranges from 4ha to 40ha.

A discretionary use is a use that requires a planning permit before it can commence operation.  Depending on the zone, the uses that require a permit will differ.  The most prevalent zone in Manningham’s rural areas is the Rural Conservation Zone (RCZ).  Within the RCZ, the types of land uses that are discretionary include: agriculture, one dwelling on a lot, residential hotel, restaurant, rural store and winery.

Council will consider the guidance provided in the new and revised policy when assessing a planning application for use and development within the Rural Conservation Zone. When an application is lodged for example, for a non-residential use, the application will need to provide detailed information such as:

A written statement with details about the proposed use including, but not limited to:

•    The number of staff, hours of operation, attendees, and number of car spaces provided.
•    Information regarding how the use will serve the needs of the local residential community.
•    A traffic and parking demand impact assessment.

  A site context assessment, outlining how the proposed development will respond to the following:

•    The location of the existing or proposed building
•    Existing land uses and buildings on the site and adjoining properties
•    The impact on effluent disposal and location of septic systems
•    Topography, existing vegetation and details of any proposed earthworks
•    Vehicle access and entry points on the site
•    Protection of trees on the site and justification for removal of vegetation
•    Any other matters explaining the proposal and how it addresses the policy

The application will then need to be assessed against a number of policy statements, such as ensuring that the cumulative potential risks and environmental impacts of the proposal, including clearing of native vegetation, waste disposal/sewer capacity, increased access requirements, siting and proposed earthworks or environmental degradation, do not detract from the environmental significance of the area, amongst other things.

Having decision making provisions contained within the Manningham Planning Scheme will also give Council greater justification when defending a decision at the Victorian Civil and Appeals Tribunal (VCAT).

The revised and new policies will provide for a more considered outcome and more specific guidance for non-residential applications within rural areas. 

At a high level, the policy revisions seek to promote sustainable land use practices such as eco-tourism, integration of environmental awareness through biophillia (refers to humans innate connection to nature and natural processes) and ecologically sustainable design.

The policy will also help to provide clear guidance on the siting and design of non-residential uses which enhance the environmental significance of the Rural Conservation Zone.  Specifically, there will be guidance provided on the siting of access ways and driveways, earthworks, removal of vegetation, landscaping and materials to be used amongst other things.

The policy changes will also control and guide the construction of outbuildings in the rural areas which have been identified as potentially having detrimental environmental impacts through inappropriate siting and built form outcomes.

In some instances, a use may be presented to Council for consideration that may have strategic merit, however cannot be considered through a planning permit application due to the current planning provisions that apply to the land.  In other words, the use may be prohibited under the current zoning.  Examples of land uses which may be considered appropriate in Manningham’s rural areas, however are currently prohibited could include:

• Cellar doors
• Boutique breweries, cideries and distilleries
• Farm gate and produce stores
• Dining experiences (non-compliant with requirements of Clause57)
• Event and function spaces
• Accommodation (non-compliant with requirements of Clause57)
• Arts experiences
• Day spa and indulgence product.

To trigger the consideration of the above land uses, a planning scheme amendment would be required.  Before considering a request to amend the planning scheme, any proposal would need to demonstrate a high level of consistency with the local planning policy framework for Manningham. Specifically, these options should only be considered where it can be demonstrated that the proposal:

• Achieves a high level of compliance with State and Local Planning Policy
• Is consistent with the purpose of the Rural Conservation Zone and any associated overlay/s and/or particular provision
• Satisfies the decision guidelines of Clause 65.

• Is consistent with the objectives and key strategic directions outlined in the GWAP (as relevant) and the MEDS
• Will significantly contribute to the social, cultural, environmental and economic development of Manningham
• Is currently prohibited or restricted by Clause 57.

Criteria or a decision making framework have been developed to assist Council in assessing such proposals as they are presented to Council.  The criteria include requirements under the following headings:

1.  Safety and bushfire risk mitigation

2.  Amenity

3.  Environmental and Landscape Values

4.  Location and Proximity

5.  Infrastructure Provision

6.  Design

7.  Access and traffic movement

Where a use is currently prohibited a request for a planning scheme amendment to amend the Manningham Planning Scheme would need to be considered by Council.

Based on the review of the rural areas, it is important that Council provides further guidance for temporary events, to assist in determining the appropriateness of land use and development proposals within Manningham’s rural areas.

Temporary events (other than single one-off events) are subject to regular planning permit application processes. Conditions on permits issued may specify how regularly events can occur, the number of people that can be accommodated and other special conditions such as car parking and traffic management, temporary buildings and structures.

Temporary but semi-regular events may result in some amenity impacts and inconvenience to the surrounding locality. The acceptability of these external effects depends on their nature, frequency  and the balance of broader community and economic benefits.

The following considerations should be addressed in a report submitted with any application for a temporary event:

• suitability and capacity of the land to host such event
• risk to the land and any existing environmental features
• scale and type of event, including the number of people
• proposed hours of operation and the frequency of events on the site over the calendar year
• access restrictions as a result of the event including any alteration to traffic movements, provision of appropriate car parking and emergency vehicle access
• impact of any required infrastructure associated presence of food and or/alcohol.
• proposed management of potential amenity impacts on adjoining neighbours and properties, including traffic, waste and noise impacts.
• emergency management procedures proposed (including in the event of a bushfire)
• For large events, public health, waste management, noise, traffic and environmental management plans must be provided
• positive community and economic contributions associated with the event.

These considerations are contained within the Rural Areas Land Uses Position Paper (2017) which is proposed to be included as a reference document in the planning scheme.

Anecdotally it has been indicated to Council that there are changing expectations around the intensity of residential development, largely correlated with demographic change.  This is resulting in an increase of ‘urban style’ developments that are inconsistent with the purpose of the RCZ and other planning provisions.  The resultant issues arising from these urban style developments include:

• Increased site coverage resulting in higher impermeability
• Installation of tennis courts, swimming pools
• Expansion of outbuildings and sheds
• Associated earthworks resulting in disruption of natural systems and removal of vegetation

The higher infrastructure demand around such residential extensions and additions without consideration for the natural ecosystem can result in adverse environmental impacts. Bushfire risk and other environmental constraints remain key concerns.  There is an ongoing challenge for Council to balance the competing interests between use of land for rural living, agriculture and biodiversity protection.

Council is seeking views from the community including key stakeholder groups in order to provide a balanced view of what the future of Manningham’s rural areas will look like.  In particular, Council is seeking views from businesses in the rural areas, community and environmental groups, people that live in rural areas and tourists that visit and recreate within the rural areas, to help shape the planning controls that will guide development in these areas.

The following diagram shows the process which is followed for an amendment to the planning scheme.  Most planning scheme amendments may take around 18 months to be fully resolved.

We are currently at the stage of exhibiting the amendment and seeking submissions from the community on the details being proposed.

You can provide your feedback via the make a Submission tab on this page or, in the form of a written submission:

• Mail to Manager City Strategy, Manningham City Council, PO Box 1, Doncaster Victoria 3108

Submissions close 16 April 2018

Submissions made to the planning scheme amendment will be considered by Council and may be forwarded to an Independent Panel for further independent review if Council decides to take the amendment further to the next stage in the process.

Find out more about Amendment C117, including amendment documentation on this page or at:

• Manningham Civic Centre, 699 Doncaster Road, Doncaster
• Warrandyte Library, 168 Yarra Street, Warrandyte

Department of Environment, Land, Water and Planning: delwp.vic.gov.au/public-inspection