Posted 18/3/12
Background To Macedon Ranges' Restructure Controls
(Most of this information is sourced from the report:
"Submission by the Shire of Gisborne to The Premier of the the state of Victoria, The Honourable R.J. Hamer, M.L.A., On Compensation Needed To Provide A Permanent And Equitable Solution For Landowners In And Adjacent To Macedon And Mount Macedon Townships Adversely Affected As A Result Of Planning Policies Adopted By The Shire Of Gisborne To Implement The Victoria Government's Statement Of Planning Policy No. 8 - Macedon Ranges." September 1977)
In 1975, the then State government introduced Statement of Planning Policy No. 8 - Macedon Ranges and Surrounds [SPP8]. This policy remains in the Macedon Ranges planning scheme today as local policy at Clause 22.01. The current State government has promised to make it State policy again.
The SPP8 policy prohibits further subdivision at Mt. Macedon and generally north of Macedon. It also recognizes "the unacceptable detriment to the valuable landscape, recreation, water and nature conservation resources which would ensue if all subdivided land in the policy area were to be developed for residential purposes and the need to develop equitable policies to avoid that result," and directs that existing subdivisions and their capacity for development without detriment to the area be reviewed, and equitable policies and protective measures be formulated to avoid such detriment.
The Restructure controls at Macedon and Mt. Macedon respond to and answer those policy requirements, and were considered a better outcome than relying on zoning or introducing sewerage. They were described as:
"a permanent and equitable solution for landowners in and adjacent to Macedon and Mount Macedon Townships adversely affected as a result of planning policies adopted by the Shire of Gisborne to implement the Victorian Government's Statement of Planning policy No. 8 - Macedon Ranges."
The then Shire of Gisborne undertook the truly daunting task of reviewing each and every allotment in Macedon and Mt. Macedon, most of which were created by earlier speculative subdivision.
The Shire of Gisborne's review found that:
(a) "many of the allotments were too small for adequate disposal or treatment of septic tank effluent and household sullage within the confines of the allotment.", and
(b) "to permit each individual allotment to be developed with a house and all associated works including tree clearing, driveways and outbuildings would seriously and detrimentally effect (sic) the natural environment of the area, particularly its general rural character and high landscape value."
The Shire of Gisborne's review (assisted by the Ministry of Planning) produced policies, adopted by the Shire for the sensitive areas of Macedon and Mt. Macedon (Special Investigation Areas), that were described as "positive and imaginative, and reflect the policies of the Victorian Government and the wishes of the local people."
Costs to introduce the controls - $660,000 in 1977 - were met by the State government, the Shire of Gisborne, and the residents of the then Macedon Riding (Shire of Gisborne), who "overwhelmingly" voted at a public meeting on 5 June 1977 (attended by in excess of 350 people) to pay a separate rate (which raised $30,000) to assist fellow landowners who were adversely affected by the new controls.
The objective of the policies was to eliminate all inappropriate vacant allotments by requiring, where a dwelling already existed on multiple lots in the same ownership, those titles to be consolidated into a single title; requiring landholders to buy out neighbouring vacant allotments and consolidate them with their own; and by requiring consolidation of vacant allotments before a house would be permitted.
Schedules containing title details and development potential/restrictions for each and every lot in Macedon and Mt. Macedon were produced. These provided for:
The first category recognised existing dwellings and provided for dwellings on suitably consolidated vacant allotments The second recognized existing dwellings but required multiple titles in the same ownership to be consolidated and, because a dwelling already existed, prohibited further development. State funding enabled loans to be made available to assist landholders to purchase their neighbours' land.
Landowners in the third and fourth categories received compensation.
In 2000, the former Shire of Gisborne's planning scheme was superseded by the introduction of the New Format (current) Macedon Ranges Planning Scheme. At this time, the restructure planning controls in the (former) Shire of Gisborne's scheme were transferred to the Restructure Overlay in the New Format scheme. The Ministerial Advisory Committee and Planning Panel appointed to hear submissions on the New Format Scheme, in its 1999 Panel Report, supported the transfer and application of the restructure controls via the Restructure Overlay.
Hundreds and hundreds of landowners have abided by the Restructure controls, and consolidated their land. However, some haven't, and consequently not all of the substandard allotments identified in 1977 have been eliminated from Macedon and Mt. Macedon.
There are strong equity issues for those who have gone through the process of consolidation if the overlay is removed and only those who haven't consolidated benefit from the overlay's removal.