Amendment C177 - Restructure Overlay Correction

At its Ordinary Meeting on Tuesday 8 September 2020, Council considered the Amendment C177 Planning Panel report(PDF, 2MB)  and resolved to adopt Amendment C177 with changes. These changes include:

  • Deleting the Restructure Overlay from additional properties where it is no longer required.
  • Making additional mapping changes to the Incorporated Document entitled Restructure Plan for Old and Inappropriate Subdivisions in the Yarra Ranges Council, which forms part of the Yarra Ranges Planning Scheme, generally consistent with the Planning Panel’s recommendations..
  • Making wording changes to the Incorporated Document, generally consistent with the Planning Panel’s recommendations.

Amendment C177 has been submitted to the Minister for Planning for consideration of approval.

Part A Panel submission

Council’s Part A submission can be viewed below. It provides:

  • The background to the proposal
  • Chronology of events
  • Strategic context and assessment
  • Key issues raised in submissions

The Part A submission also identifies changes proposed to the proposal in response to submissions.

View Council’s Part A Panel submission


Amendment C177 implements Council’s review of the Restructure Overlay. The Amendment proposes to:

  • Change the planning controls in the Incorporated Document (Restructure Plan for Old and Inappropriate Subdivisions in the Yarra Ranges Council, December 2015), which forms part of the Yarra Ranges Planning Scheme. The changes will allow planning permit applications for small extensions to existing dwellings and to construct or extend other buildings (for example a shed or carport) where title boundaries are inconsistent with maps in the Incorporated Document. Currently, such planning permit applications are prohibited under the Restructure Overlay.
  • Delete the Restructure Overlay from properties where it is no longer required.

The amendment does not change the number of dwellings landowners are allowed to construct on their property.

Amendment C177 also corrects zoning inaccuracies and anomalies.

Why is the amendment required?

The amendment is required to update the Restructure Overlay. The Restructure Overlay generally requires land titles to be consolidated (legally joined) to other neighbouring land titles before a development with a house or other building can occur.

The Restructure Overlay affects land in Yarra Ranges categorised as ‘old and inappropriate subdivisions’. In the past, as early as the 1920s, some land in Yarra Ranges was subdivided without adequate knowledge of issues such as topography, bushfire risk, significant vegetation and erosion/landslip. This led to some areas being able to accommodate more development than what was later thought. As a result, in the 1970s and 80s the State Government implemented the Restructure Overlay.

Given the length of time since its creation, it is now proposed to modify the Restructure Overlay to make it less restrictive for land owners in instances where they wish to extend dwellings, and extend or construct other buildings such as sheds, carports and agricultural buildings.