We wrote in May about Manningham Council’s C117, a proposed amendment to the Manningham planning scheme, in Tourist Clusters in the Green Wedge? At that time the amendment was in the ‘Exhibition’ stage, that is the proposal was open for community comment. Council has now received and reviewed 26 submissions on C117, 21 of which were objections. Because of the objections the Council has requested of the Planning Minister that the proposed amendment be submitted to a State Government Planning Panel.
Even when the intent is straightforward legislation is always complex, and this is certainly the case with the Planning Scheme. Amendments tend to increase this complexity, particularly if the amendments themselves are complex or badly drafted.
It is quite clear that C117 aims to allow more money to be made by developers out of tourism-related development. But what is not at all well-defined is specifically what will be allowed. For example, a clause to be added to the amendment is this ‘policy’ statement:
‘Uses that contribute to the economic or tourism development and employment opportunities within Manningham are encouraged in appropriate locations.’
Since at the core of the planning scheme are the Green Wedge zones and their schedules, specifying unambiguously what uses will be allowed in each Green Wedge Zone, what might be the impact of including such a statement in the Planning Scheme? Could this ‘policy’ override the Zone schedules? At best this sort of clause is sloppy, leading to expensive and time consuming hearings to resolve at VCAT. At worst it is underhand, leading to determinations at odds with the underlying intent of the planning scheme.
And what is meant by ‘appropriate locations’? Included under ‘Economic Development Issues’ is this ‘strategy’:
‘Cluster tourism development opportunities to enhance strategic position.’
We know from the ‘Position Paper’ that is incorporated in the proposed amendment that one ‘cluster’ the Council has in mind is in South Warrandyte, along the Ringwood Warrandyte Road. But there is no actual definition of the term ‘cluster’, and no convincing justification for allowing more ‘tourism’ in South Warrandyte. And nor does the amendment expand upon what might be the meaning of ‘enhance strategic position’. Quite apart from the problematic intent of C117, its lack of clarity is to be deplored.
Adding to the puzzle have been comments by Cr Paul McLeish, who was quoted in the Warrandyte Diary. He claimed that C117 would ‘equip the Council with’ a ‘framework’ which allowed it to consider applications for ‘non-permitted uses’. You might think that sounds alarming, although it is not obvious what part of C117 as it has been published so far does actually does this.
Given that C117 has its roots in proceedings dating back to 2014, the current lack of clarity reflects poorly on Manningham’s ability to deliver the level of environmental stewardship required of green wedge Councils. It also places residents at a disadvantage as they prepare for October’s panel hearings.
Experience in other Green Wedges is that tourism and other development is gradually urbanizing them. Not infrequently the situation is exacerbated by the excessive bulk and scale of the buildings and associated infrastructure. You can read Alan Thatcher’s paper on this issue here.