Macedon Ranges bid to end right to build homes on 40ha or more

Hundreds of landholders won’t be able to build new homes under a central Victorian council’s plan drafted ahead of a state ruling.

Landholders face losing their right to build a home on 40ha or more in the Macedon Ranges Shire.

Macedon Ranges Shire has pre-empted the Andrews Government review into extinguishing the rights of landholders to build homes on 40ha or more within the farming zone without a planning permit.

The Shire has already released a draft Rural Land Use Strategy that aims to extinguish the right of 419 landholders to build homes on their properties within the farming zone, with submissions due by August 30.

The move comes despite the Andrews Government not being due to finalise its position on the 40ha rule until mid-2022, after it completes public consultation on the issue as part of its Melbourne’s Green Wedges and Agricultural Land position paper.

As it stands the consultation paper proposes dumping the 40 ha rule on all farm-zoned land within 100km of Melbourne, with 879 individuals, community and lobby groups lodging submissions for and against the proposal.

Mr Wynne’s office said “there have been no decisions made on whether proposals in the Green Wedges and Agricultural Land discussion paper will proceed”.

But the Minister refused to answer a question on whether he would use his powers to reject Macedon Shire’s bid until the government finalised its position, once the consultation process was completed next year.

The council’s draft strategy states “it is proposed that the minimum lot size for a dwelling without a permit requirement be set at 0ha”.

Macedon Ranges farmer and real estate lawyer Randall Gerkens said it appeared Macedon Ranges Shire was charging ahead with its own strategy, without even bothering to consider the outcome of the government’s consultation or its economic impact on landholders’ property values.

Planners have previously told The Weekly Times losing the 40ha right would add $20,000 or more to the cost of building a home on 40ha or more, assuming council granted approval.

Mr Gerkens said council planners refused to answer his questions on what analysis, if any, they had done on the impact of stripping landholders of their right to build a home on 40ha or more without a planning permit.

“It’s statutory requirement that any authority proposing a planning scheme amendment is obliged to consider the economic impacts of the change,” Mr Gerkens said.

Section 12 of Victoria’s Planning and Environment Act (1987) states “in preparing a planning scheme or amendment, a planning authority must take into account its social effects and economic effects”.

The Macedon Ranges strategy, which must ultimately be approved by Mr Wynne, states removing the 40ha as-of-right rule to build a dwelling would “enable the agricultural industry to grow and accommodate industry trends, it needs access to land unencumbered by unwanted infrastructure, particularly dwellings”.

“This strategy will therefore seek to ensure that Council has the opportunity to assess whether

all new dwellings are genuinely required in areas where agriculture is the desired land

use outcome.”

The Macedon Ranges Shire’s strategy can be found here.

The real concern now is that if the shire succeeds in extinguishing the 40ha rule, others may follow.

Of the 16 councils within 100km of Melbourne 12 currently grant landholders the right to build a dwelling on 40ha or more within the farming zone without the need to gain a planning permit.

BASS COAST

40ha with exceptions for two properties

BAW BAW

40ha

GREATER BENDIGO

Northern Highway (West) area 8ha

Huntly (South of Midland Highway) 64ha

All other land 40ha

GREATER GEELONG

Northern Rural area 80ha

South-west Rural area 40ha

Bellarine area 30ha

HEPBURN

Most land 40ha, with one area allowing 20ha.

Mount Alexander 40ha

MACEDON RANGES

40ha

MITCHELL

40ha

MOORABOOL

In an area close to the urban boundary 15ha

All other land 40ha

MURRINDINDI

40ha

SOUTH GIPPSLAND

40ha

STRATHBOGIE

Strathbogie Ranges 40ha

Goulburn Valley and Nagambie Lakes Area 40ha

Vegetation Protection Area 80ha

Broadacre Plains Area 80ha

Buffer Area for Rural Industries 100ha

SURF COAST

Thompsons Creek Catchment, Otway Hills and Coastal Hinterland 60ha

Winchelsea Plains 80ha

Barrabool Hills 40ha

Deans Marsh District 40ha