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Readers may recall a recent post regarding a long-established and entrenched industry on industrially zoned land in Traralgon, and the failure (in the eyes of an Independent Panel) of the Council to recognise and give due weight to this when planning for new high-density housing areas in proximate to it [refer to the post here].
In the post, it was suggested that, when doing a feasibility study on a site, it is always wise to have regard for the surrounding land uses and assess whether these may constrain the development potential of your land.
In most cases, the need to protect existing ‘buffer generating’ uses is only broadly referenced in the planning scheme, which seeks to separate incompatible land uses and protect uses with ‘existing use rights’ (adopting principles of ‘agent of change’).
However, sometimes, the need to protect existing uses is emphatically stated in the planning scheme through both the planning policy and the planning controls.
That was the case with a recent application to establish a ‘camping and caravan park’ in the Green Wedge Zone located within a flight path of Melbourne Airport. In addition to multiple layers of town planning policy and other legislation seeking to protect the ongoing interests of Melbourne Airport, the ‘Melbourne Airport Environs Overlay’ also affected the land.
The case required a balancing of sometimes competing planning policy objectives and an assessment of ‘net community benefit’. It also raised issues regarding the various community benefits of camping and caravan parks, and the current inability to limit the ‘tenure’ (the length of stay) at camping and caravan parks in Victoria, owing to the provisions of the Residential Tenancies Act.
The matter was considered by VCAT [refer here], which ultimately agreed that:
We will separately report on the challenges facing ‘camping and caravan parks’ in Victoria, including their use for permanent residency by the most vulnerable and disadvantaged in our communities.
However, the above decision is again a timely reminder of the need to thoroughly research a site’s proximity to potentially incompatible land uses when undertaking due diligence. More often than not there will not be clear planning scheme ‘signposts’ warning you of the impending dangers!
Author: David Crowder, Director: Planning
8 Gwynne Street
Cremorne
VIC 3121
1/27-31 Myers Street
Geelong
VIC 3220
Phone: (03) 9429 3111
Fax: (03) 9429 3011
Email: mail@ratio.com.au