Amendment C133

Introduction of an Environmentally Efficient Design policy

Amendment C133 to the Yarra Planning Scheme was approved by the Minister for Planning and gazetted on Thursday 19 November 2015.

The amendment was prepared concurrently with Banyule, Moreland, Port Phillip, Stonnington and Whitehorse councils. The amendments of all six councils introduce a new Local Planning Policy, titled Environmentally Sustainable Development Policy, to the Local Planning Policy Framework to each respective municipality.

Panel hearing

During the exhibition process Yarra received 29 submissions to the amendment. At its meeting on 9 July 2013, Council resolved to request an independent planning panel to review these submissions.

The planning panel review was held in conjunction with the other five Councils over nine days from 25 November - 17 December 2013 at Planning Panels Victoria.

The planning panel released its report in April 2014. In its report the panel recommends that Council adopt the amendment with minor changes.

The full planning panel report and recommendations can be viewed here:

pdf format Panel Report Environmentally Efficient Design Local Policy (1.14 MB)

pdf format Panel Report Recommendations Environmentally Efficient Design Local Policy (104.57 KB)

Highlights of the panel report

The panel report is structured in two main parts. Part A: General Issues discusses the broader issues around sustainable development in the planning and building systems and Part B: Amendments provides comments on the Amendments as exhibited by the six Councils.

In their report, the panel noted that (p50):

“The Committee acknowledges that the Amendment Councils have developed these policies in response to a lack of Statewide approach and are to be commended for their vision and commitment” and goes on to note “even if a Statewide policy is introduced, local policies may still be appropriate where municipalities seek to ‘raise the bar higher’ either in specific locations, or where the community has higher sustainability expectations”.

In summary, the panel has recommended that Amendment C133 be adopted generally as exhibited, with some changes to the wording of the policy.

The report outlines 26 findings, which relate to the discussion in Part A and includes that:

  • There is a strong legislative and policy framework that supports the need for sustainable development and which recognises that both planning and building have a significant role to play in achieving it
  • There is a role and statutory obligation for planning to advance sustainability;
  • Whilst the existing State Planning Policy Framework and Victoria Planning Provisions provide a good starting point for the inclusion of sustainability, there are clear areas for improvement;
  • There are clear positive economic, social and environmental benefits to be gained through improved sustainable development outcomes in planning;
  • The approach to sustainability in planning schemes be further reviewed to provide a more coherent, strengthened approach to implementation. This should be based on a Statewide approach and include stronger, higher guidance in the State Planning Policy Framework and Clause 65, as a minimum, with consideration of a range of options.

The report includes a further 10 recommendations, which related to the discussion in Part B and includes:

  • The Sustainable Design Assessment in the Planning Process Fact Sheets in existence at the time of the Amendment exhibition be adopted in the local policies as reference documents;
  • Adopt Yarra Planning Scheme Amendment C133 generally as exhibited with the Local Policy wording as shown in Appendix D to this report.


Expert evidence statements

Expert evidence statements presented to the Panel Hearing can be viewed on the Maddocks website.



The amendments of all five councils seek to introduce a new Local Planning Policy titled Environmentally Efficient Design to the Local Planning Policy Framework to each respective municipality.

The amendments affect all land within each of the participating municipalities. The concurrent exhibition of the five amendments was at the request of the Department of Planning and Community Development. It is anticipated that other Councils will be pursuing similar amendments in the future.

While the objectives of the new policy are the same, the Policy Basis, Application Requirements and Reference Documents have been tailored by each Council to reflect local variations in development type.

Yarra City Council has included an update to Clause 21.07 Ecologically Sustainable Development to reflect the introduction of the local EED policy through the introduction of a new strategy.

Supporting documents

Documents to support Amendment C133 are available below: 

docx format Explanatory Report Amendment C133.docx (41.30 KB)

docx format Gazette Notice Amendment C133.docx (22.32 KB)

docx format List of Amendments - Amendment C133.docx (14.17 KB)

docx format Instruction Sheet Amendment C133.docx (21.26 KB)

docx format List of Changes Amendment C133.docx (18.88 KB)

docx format Clause 22.17 - ESD Local Policy (38.04 KB)

 docx format Revised Clause 21.07 to the MSS.docx (2.38 MB)

 docx format Revised Contents to the Yarra Planning Scheme.docx (2.24 MB)

Concurrent amendments

For more information about the concurrent amendments from the other participating councils, contact:

Banyule City Council
Fae Ballingall, Strategic Planner
9457 9814
Visit the Banyule City Council website

Moreland City Council
Bronwyn Fry, Senior Strategic Planner 
9240 2426
Visit the Moreland City Council website

Whitehorse City Council
Andrea Skraba, Strategic Planner
9262 7586 
Visit the Whitehorse City Council website

Port Phillip City Council
Nic Drent, Strategic Planner
9209 6535
Visit the Port Phillip City Council website

City of Stonnington
Casey Lord, Senior Strategic Planner
8290 1370


Further information
Liz Brant
Strategic Planner - Yarra City Council
9205 5332

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