Skip to main content

Frequently asked questions

 

General

Melbourne’s population is projected to grow from around 5.2 million to over 8 million by 2050, meaning millions of new homes and new jobs will need to be created throughout Melbourne. 

In Yarra, we are planning for this change to make sure new homes and offices are located where existing public transport and other services can be easily accessed (these areas are called ‘Activity Centres’). Appropriately locating new housing in Activity Centres will also help to reduce any negative impacts to existing residential areas (for example; by directing increased traffic toward major roads). 

Proposed planning controls throughout Yarra would manage the built form and design of any new buildings within the Activity Centre areas (including the total building height, how to minimise overshadowing and façade design factors). 

Without these controls, there is no locally specific guidance on the design of new buildings in the Activity Centre areas (for example, no guidance on overall building heights). It is important that we have locally specific planning guidelines in place to ensure new development throughout Yarra is appropriate to each area, and negative impacts to the existing neighbourhoods are minimised.  

New and proposed amendments generally do not apply to public housing estates. 

For more information on projects that directly impact the public housing properties please check Homes Victoria. 

Amendment process

A planning scheme is a statutory document that sets out objectives, policies and provisions relating to the use, development, protection and conservation of land in the area to which it applies. A planning scheme regulates the use and development of land through planning provisions to achieve those objectives and policies.

The Department of Transport and Planning (DTP) provide further information on Chapter 1: Planning Schemes under their Guide to Planning.

Planning Schemes in Victoria all have the same structure and include

  • maps which show the zones and overlays that affect the land
  • an ordinance with sets outs the written requirements of a scheme
  • incorporated documents

Each municipality has its own planning scheme and the local policies distinguish one planning scheme from another. See a copy of the Yarra Planning Scheme.

A change to a planning scheme map, the written part of the scheme, or both, is called an amendment. The DTP provide further information on Chapter 2: Amendments under their Guide to Planning

Yes, amendments can be made to a planning scheme map or ordinances.

They can be undertaken by the State Government or Yarra City Council.

Individuals, organisations or companies can request a planning scheme amendment from either Yarra City Council or the Minister for Planning.

There are specific steps to amending a planning scheme:

  • Authorisation: Council seeks authorisation from the Minister of Planning to prepare an amendment.
  • Exhibition: Community and stakeholders can make written submissions.
  • Submissions: Council reviews submissions. At this stage they can either abandon the amendment or refer it to an independent planning panel (community and stakeholders can attend and contribute).
  • Planning hearing: Council makes a submission at the hearing. Written submissions are tabled.
  • Adoption: Council considers the panel report and can make changes to the amendment, approve or reject the amendment. Community and stakeholders can attend the meeting to make verbal or written submissions.
  • Approval: Council adopts the amendment and refers the amendment to the Minister for approval. If the Minister approves the amendment, a notice of approval is placed in the Victorian Government Gazette.

Planning scheme amendments can be undertaken by the State and Local Governments which are responsible for the operation and development of planning schemes. Individuals, organisations or companies can request a planning scheme amendment from either Local Government or the Minister for Planning. If a request to amend the Planning Scheme is accepted there are fees and costs that apply.

These fees and costs are intended to cover the costs of a planning scheme amendment which include public consultation, administrative costs and any third party or expert review. The fees and costs may vary depending on the size and complexity of the amendment.

For information on fees, please see:

These amendments have been approved by the Minister and are included in the Yarra Planning Scheme.

For all other amendments please refer to the Department of Transport and Planning amendments page.

Standing Advisory Committee Process

The objective of the Committee is to provide consistent advice in a transparent, simple, timely and more efficient process. The process would allow our existing interim controls (and current requests) to be translated into permanent controls in the Planning Scheme. 

At the Council Meeting on 2 March 2021, Council resolved to request the Minister for Planning to appoint a Standing Advisory Committee to report on Yarra Planning Scheme provisions for activity centres and built form and related matters as specifically requested by Council. 

You can read the minutes from the meeting here [ PDF, 707.15 KB] [ PDF, 707.15 KB]. 

In accordance with the Terms of Reference for the Yarra Activity Centre Standing Advisory Committee (YACSAC) and if the Minister resolves to refer the matter to the Committee, all submitters will have an opportunity to present their submission at a public hearing. 

Further information on the Standing Advisory Committee process can be found on Yarra’s Activity Centre Planning website. 

The planning controls we have introduced are Design and Development Overlays (DDOs), which are tools that set specific requirements for design and form for new development, such as:

  • height limits for new buildings
  • street wall height limit
  • how far buildings should be set back above the street wall and from neighbouring properties at the rear

Heritage character is one of the key issues determining heights and setbacks.

Recently, Yarra has been identified as one of the 60 activity centres in the Department of Transport and Planning's Train and Tram Zone Activity Centres Program and has been instructed to translate our current DDOs to new Built Form Overlays (BFOs). 

The BFOs will be a new planning mechanism that sets controls for the planning requirements currently addressed by the DDOs.

For more information, please see further FAQs.

The Train and Tram Zone Activity Centres Program is a key initiative of the Victorian Government’s Plan for Victoria. It aims to encourage the development of more than 300,000 homes close to existing public transport, jobs, and services.

Yarra has been identified as one of the 60 activity centres in the Train and Tram Zone Activity Centres Program. The existing infrastructure and public transport in Yarra distinguish this area as a unique site for upzoning as part of the Inner Melbourne Train and Tram Zone. This will involve identifying opportunities for development in under-utilised and under-zoned areas, as well as the implementation of purpose-built new planning controls.

Such controls include the Built Form Overlay (BFO), which sets out specific design and built form requirements that guide new developments.

You can find more details on the Department of Transport and Planning's website.

We introduce these controls through a draft planning scheme amendment which is a statutory process set out in the Planning and Environment Act 1987.

Several amendments have been approved and have been implemented into the Yarra Planning Scheme. You can read the details on the Department of Transport and Planning's website.

Council has adopted several amendments and submitted them to the Minister for Approval:

Other projects have completed the planning stage and have been publicly exhibited. You can read the details on current amendments.

There are specific steps to progressing a draft amendment to amend a planning scheme:

Stage 1 - Request consent to prepare and notify of a draft amendment: 

  • Council seeks consent to prepare and give notice of a draft planning scheme amendment.
  • The Minister consents for Council to notify and exhibit the draft amendment.

Stage 2 - Notice and Exhibition: 

  • Council notifies parties that may be affected by the amendment.
  • Community and stakeholders able to make a written submission.

Stage 3 - Referral to the Standing Advisory Committee: 

  • Council reviews and presents a response to submissions at a Council Meeting.
  • Community and stakeholders are able to attend a Council Meeting and are able to present their views to Council.
  • Council requests the Minister to refer the draft amendment and submissions to the Yarra Activity Centres Standing Advisory Committee.
  • The Minister refers the draft amendment to the Yarra Activity Centres Standing Advisory Committee.

Stage 4 - Standing Advisory Committee Hearing: 

  • The Advisory Committee reviews the proposed amendment and submissions as part of an independent hearing.
  • Council makes a submission at the hearing.
  • Submitters can present their submissions at a hearing if they choose to.

Stage 5 - Standing Advisory Committee Report: 

  • The Advisory Committee prepares a report and provides recommendations
  • Council receives and reviews the report and provides commentary on the recommendations.
  • Community and stakeholders are able to attend a council meeting and are able to present their views to Council.
  • Council refers its commentary to the Minister, who will make a final decision.

Stage 6 - Decision by Minister for Planning:

  • The Minister considers the advisory committee report and commentary from Council before making a decision.
  • The Minister can either reject or approve the amendment with/without changes.
  • If the Minister approves the amendment, a notice of approval is placed in the Victorian Government Gazette. The changes then become part of the Yarra Planning Scheme.

Key terms

The following are definitions of some of the more common planning terms we use:

For a better understanding of the Victorian Planning System and Planning Schemes, the Guide to Victoria's Planning System provides more information for all users. For more information on Planning in Victoria the Department of Transport and Planning has more information about planning on its website.

An area that provides a focus for services, employment, housing, transport and social interaction. They include Yarra's retail streets.

As part of the Department of Transport and Planning’s Train and Tram Zone Activity Centres Program, the Minister for Planning has advised Council that Built Form Overlays (BFOs) will be used to help achieve the objectives of increasing appropriate housing supply in Yarra.

The BFO is a planning tool that is applied to areas such as activity centres. It guides new developments around existing infrastructure and public transport that need specific design and built form requirements.

A BFO can include ‘deemed to comply’ standards. This means that if an application meets a ‘deemed to comply’ standard, the application cannot be refused on the basis of that requirement. This will streamline the approval process for new developments while ensuring planning requirements are still met.

Land that primarily has a commercial purpose, including shops, offices and restaurants.

‘Deemed to comply’ is a standard which planning applications are assessed against to determine if a planning objective is met. If an application meets the ‘deemed to comply’ standard, the corresponding objective is considered to be met and the council is not required to consider any other policy or decision guideline in the planning scheme for that requirement.

If an application meets a ‘deemed to comply’ standard, the application cannot be refused on the basis of that requirement. This will streamline the approval process for new developments while ensuring planning requirements are still met.

A Design and Development Overlay (DDO) is a planning tool that is applied to areas such as activity centres like precincts and shopping strips that need specific requirements to guide the built form and design of new development. 

The scale and density of developments approved and currently being proposed in Yarra’s activity centres has increased substantially in recent years. That’s why we’re using Design and Development Overlays to help guide these potential future developments within the activity centres. 

In Yarra, DDOs generally try to achieve a balance between allowing new development and it needing to be sensitive towards heritage buildings, existing houses and backyards and avoiding overshadowing of public spaces like footpaths and parks. 

All DDOs still have to comply with other parts of the planning scheme, such as Yarra’s heritage, urban design and sustainable design policies. 

A DDO can include built form and design requirements that are mandatory or preferred. A mandatory requirement is a requirement that must be met. There is no opportunity to vary it. For example, you can’t build a six-storey building in an area where a mandatory height of five storeys applies. 

Types of built form and design requirements contained in a DDO: 

  • Building height 
  • Street wall height 
  • Setbacks 
  • Overshadowing 
  • Building design 
  • Interface design (laneway, residential, railway) 
  • Public realm frontage 

 A DDO is a planning tool that is applied to areas which need specific requirements relating to the built form and design of new development. If you want to know more about what DDOs can and cannot guide see the  General Design and Development Overlay (DDO) Information Sheet [ PDF, 1.18 MB] [ PDF, 1.18 MB] .

A house, townhouse or apartment. It might be a single dwelling on a lot, a row of dwellings, a block of flats or apartments - each individual residence is a dwelling.

A planning tool that is applied to properties which are deemed places of natural or cultural significance. A Heritage Overlay provides guidance about how to undertake works which conserve and enhance the significance of heritage properties, and ensures any works are not detrimental to the significance of heritage properties.

There are two in Yarra - Cremorne Enterprise Precinct (including Church Street), Richmond and the Gipps Street Employment Precinct in Collingwood.  They host a diversity of traditional industrial uses, commercial offices and creative industries.

Land that has a mixture of commercial, industrial and residential uses.

A planning scheme is a statutory document that sets out objectives, policies and provisions relating to the use, development, protection and conservation of land in the area to which it applies. A planning scheme regulates the use and development of land through planning provisions to achieve those objectives and policies.

Land that is predominantly for housing. The residential zone applies to 805 hectares of land in Yarra, accounting for 41% of all land in the municipality.

The planning scheme zones all land to reflect various land uses.  Zones categorise how land is used and there are specific rules relating to each zone.

For a better understanding of the Victorian Planning System and Planning Schemes, the Guide to Victoria's Planning System provides more information for all users. For more information on Planning in Victoria the Department of Transport and Planning has more information about planning on its website.

Planning scheme documents

Incorporated documents are part of the planning scheme.

They affect its operation and help guide decision-making. They carry the same weight as other parts of the scheme.

Some documents apply to all planning schemes in the state. 
These are listed at Clause 72.04 Incorporated Documents of the planning scheme.

Other documents just apply in Yarra. 
They are listed in the Schedule to Clause 72.04 Incorporated Documents of the planning scheme.