C157macr 9-35 Mollison Street, Malmsbury

Amendment C157macr seeks to rezone 12 parcels of land situated at 9-25 (part of), 31, 33, and 35 Mollison Street in Malmsbury, as well as part of road reserves for Ross Street and Johnson Street and an unmade road reserve from Commercial 2 Zone (CZ2) to the Neighbourhood Residential Zone (NRZ14).

The Amendment will introduce new neighbourhood character objectives into the zone to encourage residential development that reflects the local residential character surrounding the site, and of Malmsbury more broadly.

To achieve this, the new zoning will include minimum subdivision area, minimum street setbacks and maximum site-coverage specifications. These measures will act to limit how much area of a lot a dwelling can occupy (site coverage), ensure lots are a minimum of 1,000 square metres (minimum subdivision area) and limit how close a dwelling can be built from a street (street setback). 

 

Why?

The proposed changes will act to fulfil the recommendation of the Macedon Ranges Small Towns Study 2006 for this area, which concluded that commercial development at this location would not reflect the rural village setting, and recommended rezoning this land for residential purposes.

This Amendment is also being undertaken by Council at the request of the landowners. All affected property owners and occupiers have been notified by mail prior to the exhibition date.

Frequently asked questions

What is a planning scheme?

 A planning scheme is a document approved by the Victorian Government, which outlines objectives, policies and controls for the use, development and protection of land for each municipality across Victoria.

 A planning scheme controls land use and development within a municipal district. It contains state and local planning policies, zones and overlays and other provisions that affect how land can be used and developed. Each planning scheme consists of maps and an ordinance containing planning provisions. The planning scheme is a statutory document and each municipality in the state is covered by one.

What is a Zone?

Zones are the primary tool for guiding the fair and orderly use and development of land. A zone sets expectations about what land use and development activity is or may be acceptable.  Each zone broadly deals with a particular predominant land use theme, such as residential, commercial, industrial or public land uses.

The zone also controls development by requiring a planning permit for specified types of development. Some zones seek to promote a specific outcome by exempting a preferred form of development from the need for a permit. Some zones may include mandatory requirements, such as a maximum building height and minimum front setbacks.

What is a planning scheme amendment?

 Planning schemes are regularly amended through the statutory planning scheme amendment process. A planning scheme amendment may involve a change to a planning scheme map (for example, rezoning of land or the application of an overlay), a change to the legal or written part of the scheme, or both. The process of a planning scheme amendment is set out in the Planning and Environment Act 1987.

Why we have chosen to use the Neighbourhood Residential Zone (NRZ) for this land?

The NRZ is an appropriate zone to use for areas that have been identified as having specific neighbourhood, heritage, environmental or landscape character values, which distinguish the land from other parts of the municipality or surrounding area.

The area surrounding the site is characterised by single-story residential buildings of modest site coverage, generous front setbacks that include well-established gardens and low-profile and visually permeable fencing. Mature native and non-native trees are prominent features in both private and public spaces, particularly in the surrounding road reserves.

In combination with the a Heritage Overlay that applies to the whole of Malmsbury, the planning controls in the new zoning will ensure that development responds these characteristics by designating minimum a lot size, maximum building heights and ensuring front setbacks can accommodate establishment of canopy trees.

What is site coverage?

The site coverage refers to the proportion of any lot that can be built on. To calculate site coverage, see the formula below. A building area includes a dwelling, a garage or carport, a verandah and any other roofed building such as a garden shed. A more in-depth description of what is and is not included in determining site coverage can be found in the Planning Practice Note 27 | Understanding the Residential Development Standards (ResCode).  


Want to know more about land-use planning in Victoria?

More information on understanding Victoria’s planning system can be found through the Department of Transport and Planning website

Timeline

Consultation period opened

  • Monday 6 November 2023

Consultation period closed

  • Wednesday 13 December 2023

Planning Delegated Committee Meeting – Submitters

  • No submissions were received against the amendment and a submitters meeting was not required. 

Planning Delegated Committee Meeting and Decision by the Minister for Planning

A Planning Panel was not required to resolve any issues and the committee submitted the amendment to the Minister for Planning for approval. The Minister approved the Amendment on 20 June 2024. 

Questions? Contact us

If you have any questions, or would like more information, call Daniel Hall on (03) 5421 9691 or email dhall@mrsc.vic.gov.au