Where you stand on farm building rights

The 40ha “as of right” house rule, which is under threat, applies to farmers across many Victorian shires. Find out where you stand if you farm within 100km of Melbourne.

The Andrews Government proposes dumping rural landholders’ right to build a house on 40ha or more.

THE bulk of Victoria’s farm zoned properties, within 100km of Melbourne, have the right to build a house on 40ha or more without a permit.

Analysis of the planning rules shows the “as of right” 40ha rule, which is under threat, applies across most shires that are wholly or partly with the 100km zone.

Planning Minister Richard Wynne and his bureaucrats have proposed dumping the 40ha rule in a bid to “better control” rural development within the zone and to protect Melbourne’s green vista.

But landholders have warned the loss of the 40ha rule, which is the default across most of Victoria, would undermine their land values.

Planners are warning the loss of building rights would also add major administrative costs in trying to gain a permit to build, with potential delays and neighbours able to lodge objections that could end up before the Victorian Civil and Administrative Tribunal.

Here are the current minimum lot size in each shire council for an “as-of-right” dwelling.

BALLARAT

Thoroughbred horse training areas 4ha or 10ha

All other land 70ha

BASS COAST

40ha with exceptions for two properties

BAW BAW

40ha

GOLDEN PLAINS

100ha

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

What lies within 100km of Melbourne.