An Overview on Planning Zones and Overlays in Victoria
Planning law reflects the complex and competing contests between experts and non-experts, the “balancing of individual rights against demands of public interest”, and the administration of land-use (Rowley, 2020; Tooher, 1992, p. Weir, 1994, p. 137). Typically, this may involve the “formulation of policy goals”, codification of planning policies into regulations, and a structured “process of decision-making” (Rowley, 2020, p. 383). Planning instruments, such as zones and overlays, reflect a form of administrative control that may be used to regulate land-use and development.
In this article, we address the following questions amongst landowners, developers, and tenants, about Zones and Overlays within Victoria’s planning system:
What is a Zone?
A zone is the “primary tool for guiding the fair and orderly use and development land” (Department of Transport and Planning, 2024, p. 15). Others agree that a zone acts “as the primary indicator in the planning scheme as to the uses that can occur on the land” and is a “key instrument of planning regulation” (Rowley, 2023, p. 22; Chung, 1994, p. 77). In Victoria, “zones and zone provisions in each scheme” are obtained from the Victoria Planning Provisions and all areas within Victoria are covered by a zone – to the exclusion of Commonwealth land (Eccles & Bryant, 2011, p. 56).
When the Victoria Planning Provisions are examined, there are a number of zones listed, and they can be categorised into six categories: Residential Zones, Industrial Zones, Commercial Zones, Rural Zones, Public Land Zones, and Special Purpose Zones. The zones listed in the Victoria Planning Provisions are not the planning scheme themselves, however, represent the “source document”, or “template”, from which Victoria’s planning schemes are adopted (Eccles & Bryant, 2011, p. 53; Rowley, 2020, p. 5)
Otherwise, as part of each zone, each zone contains a table of uses. The uses are divided into three parts prescribing whether planning permission is required: Section 1 (Permit not required), Section 2 (Permit required) and Section 3 (Prohibited).
What are Residential Zones?
There are a number of zones within the suite of Residential Zones. Those include Low Density Residential Zone (clause 32.03), Mixed Use Zone (clause 32.04), Township Zone (clause 32.05), Residential Growth Zones (clause 32.07), General Residential Zone (clause 32.08), Neighbourhood Residential Zone (clause 32.09), and Housing and Transport Choice Zone (clause 32.10). The purpose of each Residential Zone is distinguishable.
What are Industrial Zones?
As part of the suite of Industrial Zones, the category contains a number of zones distinguished by numbers: Industrial 1 Zone (clause 33.01), Industrial 2 Zone (clause 33.02), Industrial 3 Zone (clause 33.03). The purpose of each Industrial Zone is also different.
What are Commercial Zones?
As part of the suite of Commercial Zones, the category contains number of zones distinguished by numbers: Commercial 1 Zone (clause 34.01), Commercial 2 Zone (clause 34.02), and Commercial 3 Zone (clause 34.03). The purpose of each Commercial Zone is different, and distinguishable.
What are Rural Zones?
As part of the suite of Rural Zones, the category contains number of zones: Rural Living Zone (clause 35.03), Green Wedge Zone (clause 35.04), Green Wedge A Zone (clause 35.05), Rural Conservation Zone (clause 35.06), Farming Zone (clause 35.07), and Rural Activity Zone (clause 35.08). The purpose of each Rural Zone is different, and distinguishable.
What are Public Land Zones?
As part of the suite of Public Land Zones, the category contains a number of zones: Public Use Zone (clause 36.01), Public Park and Recreation Zone (clause 36.02), Public Conservation and Resource Zone (clause 36.03), and Transport Zone (clause 36.04).
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What are Special Purpose Zones?
As part of the suite of Special Purpose Zones, there are a number of zones: Special Use Zone (clause 37.01), Comprehensive Development Zone (clause 37.02), Urban Floodway Zone (clause 37.03), Capital City Zone (clause 37.04), Docklands Zone (clause 37.05), Priority Development Zone (clause 37.06), Urban Growth Zones (clause 37.07), Activity Centre Zone (clause 37.08), Port Zone (clause 37.09) and Precinct Zone (clause 37.10).
What is an Overlay?
An overlay is regarded as a “complementary planning control” to zones (Department of Transport and Planning, 2024, p. 16). Not all land may be affected by an overlay, and some land may be affected by more than one overlay (Department of Transport and Planning, 2024).
For example, policy overlays may be implemented for the “constrained use of land (environmental standards, infrastructure requirements)” or to “encourage land development (brownfield redevelopment, enterprise zones)” (Douglas et al., 2006, p. 399). In summary, overlays may be imposed to “apply to a single issue or a related set of issues” or “particular traits” (Eccles & Bryant, 2011, p. 60; Rowley, 2020, p. 391), whereas zones predominantly apply to a defined area of land and are largely indiscriminate.
There are a number of overlays prescribed in Victoria Planning Provisions and can be grouped into four themes: Environmental Landscape Overlays, Heritage and Built Form Overlays, Land Management Overlays, and Other Overlays.
What are Environmental Landscape Overlays?
As part of the suite of Environmental Landscape Overlays, there are a number of categories: Environmental Significance Overlay (clause 42.01), Vegetation Protection Overlay (clause 42.02), and Significant Landscape Overlay (clause 42.03).
What are Heritage and Built Form Overlays?
As part of the suite of Heritage and Built Form Overlays, there are a number of categories: Heritage Overlay (clause 43.01), Design and Development Overlay (clause 43.02), Incorporated Plan Overlay (clause 43.03), Development Plan Overlay (clause 43.04), Neighbourhood Character Overlay (clause 43.05), and Built Form Overlay (clause 43.06).
What are Land Management Overlays?
As part of the Land Management Overlays, there are a number of categories: Erosion Management Overlay (clause 44.01), Salinity Management Overlay (clause 44.02), Floodway Overlay (clause 44.03), Land Subject to Inundation Overlay (clause 44.04), Special Building Overlay (clause 44.05), Bushfire Management Overlay (clause 44.06), State Resource Overlay (clause 44.07), and Buffer Area Overlay (clause 44.08).
What are Other Overlays?
As part of the Other Overlays, it contains the remainder of other overlays. There are a number of distinct categories in this group: Public Acquisition Overlay (clause 45.01), Airport Environs Overlay (clause 45.02), Environmental Audit Overlay (clause 45.03), Road Closure Overlay (clause 45.04), Restructure Overlay (clause 45.05), Development Contributions Plan Overlay (45.06), City Link Project Overlay (clause 45.07), Melbourne Airport Environs Overlay (clause 45.08), Parking Overlay (clause 45.09), Infrastructure Contributions Plan Overlay (clause 45.10), Infrastructure Contributions Overlay (clause 45.11), and Specific Controls Overlay (clause 45.12).
How do Overlays impact land use?
Overlays are specific planning controls, that provide “another level of control over the built form of a proposal” (Eccles & Bryant, 2011, p. 23). In most cases, they may have little impact on use. However, they remain an important complement to “the zoning of land” (Department of Transport and Planning, 2024, p. 36). They are planning instruments that are part of the “main forms of spatial controls” comprising “zones and overlays” (Rowley, 2023, p. 21). While all land, excluding Commonwealth land, will be within a zone, some land may not have overlay controls (Rowley, 2023). Therefore, overlays may function as a planning scheme response, a reflection of a particular policy, or instruments to control special features of a location.
Bibliography
- Chung, L. (1994). The economics of land-use zoning: A literature review and analysis of the work of Coase, The Town Planning Review, 65(1), pp. 77-98.
- Department of Transport and Planning. (2024). Practitioner’s Guide to Victoria’s Planning Scheme. Victoria State Government.
- Douglas, C., Neil, B. & Gleeson, B. (2006). Performance-Based Planning: Perspectives from the United States, Australia and New Zealand, Journal of Planning Education and Research, 25(4), pp. 396-409.
- Eccles, D & Bryant, T. (2011). Statutory Planning in Victoria (4th ed). The Federation Press.
- Rowley, S. (2020). Planning vs Planning Law: Reconciling Planning Policy and Case, Environmental and Planning Law Journal, 37(3), pp. 383-402.
- Rowley, S. (2023). The Victorian Planning System: Practice, Problems and Prospects (2nd ed). The Federation Press.
- Tooher, J. (1992). Restrictive Covenants and Public Planning Legislation – Should the Landowner Feel “Touched and Concerned”?, Environmental and Planning Law Journal, 9(2), 63-95.
- Weir, M. (1994). Private and Public Planning – Implications for Legal Processes, Environmental and Planning Law Journal, 11(2), pp. 137-154.
Related Entries
Significant Cultural Heritage | Sale of Land Disclosure (Development Controls) | Planning Permit | Heritage Property |
Questions
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Authored by:
Ben Franklin, Managing Partner (LIV Accredited Specialist – Property Law), David Andrewartha, Partner, Luke English, Partner (LIV Accredited Specialist – Environment & Planning) & Matthew Tran, Lawyer.
