August 14, 2019 Written by: Glossop Town Planning

Changes to land use terms (VC159)

The State Government has made changes to the Victorian Planning Provisions (VPPs) to remove or modernise obsolete terms and provide for new or emerging land uses. This has been done with a view to increasing the use of everyday terms that that are more easily understood by all users of the planning system.

Amendment VC159 (approved on 8th August 2019) amended the VPPs by introducing new land use terms, revising the definition of others, and changing where some land use terms are nested. These changes implement another part of the Victorian Government’s Smart Planning program - which aims to simplify and modernise Victoria’s planning policy and rules and to increase the effectiveness and efficiency of the operation of planning schemes.

Glossop Town Planning are proud to have assisted DELWP with this important amendment as part of our ongoing work on the Smart Planning program.

Why was the Amendment required?

Land use terms are a common source of confusion and dispute; and many terms have not kept pace with changes in technology and how businesses operate. Where the common terms and the land use planning term depart, it can cause uncertainty and confusion and make it harder for non-professionals to participate in the planning system. This was reflected in the 2017 Smart Planning discussion paper ‘Reforming the Victoria Planning Provisions’ that identified improved land use terms and definitions as an integral reform.

Modernising the land use terms and definitions (along with consequential changes to the zone land use tables) simplifies the VPPs and makes the planning system more easily understood.

What's changed?

Amendment VC159 has resulted in a range of changes to Clause 73.03 (Land use terms) and Clause 73.04 (Nesting diagrams).
Changes include:

  • Under ‘Agriculture’ splitting the current definition of ‘Animal keeping’ into ‘Domestic animal husbandry’ (with an amended definition) and ‘Racing dog husbandry’ with a new definition.
  • Introducing the term ‘Horse husbandry’ and including ‘Horse riding school’ and ‘Horse stables’ under this land use term.
  • Renaming ‘Animal boarding’ to ‘Domestic animal boarding’ and changing the definition.
  • Renaming ‘Animal keeping’ to ‘Domestic animal husbandry’ and changing the definition to exclude the keeping, breeding or boarding of racing dogs.
  • Amending the definition of ‘Animal training’ to exclude domestic pets, horse or racing dog training.
  • Including ‘Child care centre’ under ‘Education centre’.
  • Amending the definition of ‘Materials recycling’ to include refuse material; and amending the definition of ‘Transfer station’ to include recycling.
  • Amending the definition of ‘Restricted recreation facility’.
  • Amending the definition of ‘Take away food premises’ to include up to 10 seats available for the consumption of food and drink on the premises.
  • Introducing ‘Data centre’ as a land use term and nesting it under ‘Utility installation’.
  • Amending the definition of ‘Utility installation’ to include transmit, distribute or store power, including battery storage.
  • Inserting ‘Waste-to-energy facility’ as a land use term and nesting it under ‘Energy generation facility’.
  • Renaming ‘Display home’ to ‘Display home centre’ and change the definition to include one or more buildings and the option of a sales office.

Amendment VC159 also made consequential changes to: zones; the Melbourne Airport Environs Overlay; Clause 51.02 (Metropolitan Green Wedge Land: Core Planning Provisions); Clause 52.06 (Car Parking); Clause 52.34 (Bicycle Facilities); Clause 53.12 (Racing Dog Keeping and Training); Clause 66.03 (Referral of Permit Applications under other State Standard Provisions); and Clause 66.05 (Notice of Permit Applications Under State Standard Provisions).

If you would like further information regarding the above or have any queries with your project, please contact the Glossop team on (03) 9329 2288. The information contained in this article is general in nature and may not be applicable for your project. Please seek professional advice before acting on it.