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Living Together in Rural Victoria
Landuse, Planning and Subdivision Rules
The way we use land is always changing. New techniques and technologies mean we can manage land for many different uses. This information sheet looks at:
- changes in landuse;
- rural land subdivision; and
- local planning rules.
Pressures on landuse are increasing every day. Land that once was only used for farming is now being considered for other uses, however there are rigorous procedures for land to be evaluated before it can be deemed suitable for a certain use.
Local councils have the responsibility for determining landuse, in consultation with government agencies and their communities. While not everyone might agree with the final outcome, everyone has the opportunity to have their say.
When purchasing your rural block, you should ask the local council if there are:
- any development applications current for the nearby area;
- other developments that have been approved but not commenced; and
- any restrictions on obtaining a permit to build a house or other buildings on your block, or develop certain landuses.
You have the right to view any development applications at the local Council, and where the application has been advertised, you can submit an objection if you believe the development will impact unreasonably on your amenity.
And remember, while you might have purchased a block of land in a rural area, further subdivision could be possible. Your nice rural outlook could change if further subdivision is approved.
Farmers’ rights include:
- having the option to change landuse – for example, converting open grazing paddocks into an orchard or vineyard; and
- being able to apply for permission to set-up intensive livestock production enterprises, like feedlots, piggeries or chicken sheds – so long as these are the minimum distance from the farmer’s property boundary, it is likely that they will be approved if the land is zoned for agricultural production.
Case Studies
Residential Amenity
Rural grazing land at the edge of town was zoned as rural residential with a minimum block size of 2 hectares. A retiring farmer bought one of the blocks and built his house, happy that he wasn’t too close to his neighbours and that they would be few in number. Increasing land development pressures meant that the council rezoned the area to a smaller minimum block size of 0.2 hectares. The resident submitted a written objection, but ultimately the rezoning was approved and went ahead. The resident now had 15 neighbours instead of three, and suffered significantly reduced amenity.
Urban Development and Changing Population Demographics
A quiet, coastal town several hours drive from Melbourne originally had a population made up of primarily retirees and holiday-makers. With improvements in road technology, a freeway was built which dramatically reduced the travel time from Melbourne. Increasingly, urban residents purchased land and built houses, and commuted to work in the city.
The increased competition for land meant that land values increased beyond the reach of the local community. The population demographic changed and the increased demand for food and services attracted a large supermarket. Local shop-keepers could not compete and the character of the town changed permanently.
Recommendations
- Be aware that landuse can change.
- Seek information from the local council planning officer regarding planning provisions.
- Know what industries are allowable in your immediate neighbourhood, and find out what the impacts of these industries might be.
What You Can Do
- If you believe a certain landuse proposal is inappropriate, you can lodge a written objection to the proposal with your local Council. You will need to justify your concerns by explaining how you will be affected by the proposal.
- In some circumstances, you may not have the opportunity to object.
- Contact your local council planning officer.
Who to Contact
- Local council
- Department of Infrastructure Regional Offices (South Western- Geelong, Western- Ballarat, Northern- Bendigo, North East- Benalla, Eastern- Traralgon, North West Metro- Sunshine and South East Metro- Burwood)
Further Information
Department of Infrastructure (external link)
Environment Protection Authority (external link)
Rural Law Handbook
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