Planning Scheme Amendment C177 – Restructure Overlays

Council will seek permission from the Minister for Planning to review the Restructure Overlay (RO) in the Yarra Ranges Planning Scheme. 

The Restructure Overlay is a tool to facilitate the assembly of lots but it also prohibits any planning applications on lots that don’t conform to the restructure plans or maps.

Amendment C177 will enable minor planning applications associated with existing dwellings to go ahead. For example, an application for an extension or minor buildings (sheds, garages or agricultural buildings) could be considered, even if the lot doesn’t conform to the overlay.

Council Social and Economic Development Acting Director James Collins said the Amendment would correct and clarify the mapping of the overlay where it had been found to be inaccurate and unclear.

“The intention of the proposed changes is to increase the efficiency, effectiveness and fairness of the Planning Scheme, and to reduce the number of planning applications triggered by the existing controls,” Mr Collins said.

“It will not result in any additional dwellings being allowed in these areas.

“Council will apply to the Minister for Planning to prepare and exhibit the Amendment to the community for comment and feedback.”

The Restructure Overlay is a planning tool used to assemble lots, in areas where the subdivision pattern exceeds the capacity of the land to support houses.

Before adequate planning controls were in place decades ago, a number of subdivisions took place where small lots were created despite significant physical, environmental and infrastructure constraints affecting the land.

Many of these subdivisions were located in and around the Dandenongs and in the Upper Yarra Valley.

They are generally referred to as ‘old and inappropriate’ subdivisions. 

It was recognised that the full development of these subdivisions would have led to significant environmental and social impacts.

In an attempt to ensure the future development of these areas avoided causing such detriment, a series of Restructure Maps were created that outlined how to consolidate lots to provide more suitable conditions for the development of single dwellings.

By creating larger lots, issues such as the use of septic tanks and the absorption of waste into the ground on site and the siting of dwellings to reduce fire risk were able to be addressed.

These Restructure Maps formed part of the planning schemes that applied in the area before the creation of the Yarra Ranges Planning Scheme.

With the creation of the Yarra Ranges Planning Scheme in July 2000, these Restructure Maps were then translated into more than 100 Restructure Overlay Maps in the current Planning Scheme.

The restructure map identifies how lots within each subdivision must be reconfigured to allow for the construction of a dwelling.

In many cases this means that several lots must be consolidated into one. There are also stringent requirements that must be met if a planning permit to construct a dwelling is to be issued.

Read more in the 11 December Council Agenda (PDF, 22MB)