Since the late 1990’s, population growth in regional Australian cities has been climbing at an accelerating rate. Together with the recent exodus from major metropolitan cities during the Covid-19 pandemic, regional Australian cities are currently facing the highest ever demand for housing and pressures on local infrastructure ...[more]

In the last year and for just about the first time, Melbourne contracted. A recent study by KPMG found that in the last 12 months, Melbourne has experienced a population decline of 65,000 persons and a significant portion of the decline (13,700 persons) is from the city ...[more]

The irony has not gone unnoticed that a country that is stereotypically known for its deserts (and therefore lack of rain) has been subject to severe flooding to parts of two of its most populous states throughout March and April this year ...[more]

A recent article published by the Guardian explores the new type of high rise developments that are evolving across the skylines of Australian CBD’s: the skinny skyscraper.

Following on from the trend seen in particular in New York and ...[more]

The City of Whittlesea in Melbourne’s north have announced that they are currently drafting the renewal of their Green Wedge Management Plan for 2022-32. The decision follows the success of their 2011-21 Green Wedge Plan which saw a total of 84... [more]

If you live in Victoria, you either agree or are aware that we are the sporting capital of Australia and the MCG is Melbourne’s Colosseum. [more]

We are sure that you have already spotted them around, but earlier this year, Melbourne welcomed a fleet of new, neon-coloured electronic scooters to the streets of the city. The program launched on the first of February and is part of a 12-month trial led by Vic Roads in... [more]

Near the close of 2021, two new bodies were created by the City of Melbourne to ensure the promotion of peak design excellence for Melbourne major developments. [more]

Recent data published by Nearmap (an aerial imagery and data collection company) has analysed Australian cities and regions to quantify and compare their extent of tree canopy coverage. [more]

Infrastructure Victoria has just released their updated 30-year plan detailing 94 recommendations worth around 100 billion which will chart the next stage of Victoria’s infrastructure journey [more]

In December 2021, the ‘Future Melbourne Committee’ meeting brought the year to a close by endorsing the Greenline Implementation Plan which has been a key project within the pipeline at Melbourne City Council. [more]

As planners, we strive to facilitate communities that are enjoyable and healthy to live in. Key elements for a successful community, or indeed any community, include providing services within reach, the capacity to access the wider metropolitan area, environmentally sustainable [more]

Melbourne’s “Big Housing Build”, a 5.3 Billon dollar initiative to build 12,000 new homes has recently received an update indicating that the first 1,100 houses have been purchased / commenced development since the inception of the project at the start of 2021. [more]

One of the biggest misconceptions we come across on almost a daily basis in our role as Town Planner is that old equals heritage and character cannot change. [more]

On the 21st of September the Minister for Agriculture Mary-Anne Thomas announced a new amendment that will assist farm businesses to attract and retain vital workers. Amendment VC202 to the Victorian Planning Provisions exempts the requirement for a permit for the accommodation of up to 10 agricultural workers on farms that are located within a Farming [more]

Amidst Australia’s largest urban renewal project, another major approval has graced the Fishermen’s Bend precinct. This ministerial approval consists of a $2 billion innovative campus for Melbourne University which is purpose built to facilitate students of Engineering, Information Technology, Architecture, Building and Urban Planning! [more]

It was Wednesday morning on 22 September 2021 and the Keen Planning Team was in the middle of our 9am Teams Meeting as has become the norm in lockdown life. This meeting was however about to be like no other. [more]

If you’re looking for an interesting read be sure to check out this ‘Urban Developer ‘article, which emphasises the rising demand for industrial developments in Melbourne and Australia. Driven particularly by the growth of e-commerce and online stores which demand distribution centres and warehouses as opposed to typical shops, [more]

Avid readers of Keen Planning social media posts may recall we published a blog in relation to the future of the CBD within which we noted that our office thought there was nothing better than the pre-COVID hustle and bustle of a busy CBD. [more]

Amendment C278 seeks to protect winter sunlight access to parks in Melbourne (excluding the Central City) and is proposed to be implemented through an updated Sunlight to Public Space Policy and a new Design and Development Overlay (DD08). Council resolved to adopt the Amendment and submit it to the Minister for Planning for approval. [more]

Melbourne’s reputation for being the world’s most liveable city took a blow in 2018 when the Global Liveability Index downgraded the city to number 2, behind Vienna, Austria. At the time, the Australian Institute of Architects (AIA) blamed poor urban design for the downward nudge, pointing out that there is currently... [more]

Many find understanding the trends and reasons for the peaks and troughs in the housing market to be perplexing. We also share this view, however we found the snapshot of the current Melbourne property market and migration rate provided in this recent article titled ‘Melbourne Housing Market Insights: July 2021’, published in The Urban Developer really interesting and insightful and well ... [more]

The Keen Planning office was very excited when it was finally confirmed that Brisbane and South East Queensland would be the host of the 2032 Olympics. [more]

A noteworthy practice day hearing was recently held for a controversial three level apartment proposal over four lots at 28-34 Service Street, Hampton which highlights the limitations of the planning system when applying for heritage protection. [more]

In the recent case of Pogorzelski v Latrobe City Council, the bar has been raised as to the obligations of the applicant to justify extensions of time where a number of extensions have already been approved. [more]

Our office has been very interested by all of the commentary from various media sources following the announcement that the upcoming 2021/22 Victorian State Budget will include a new tax called the ‘Windfall Gains Tax’ which is slated to come into effect on 1 July 2022. [more]

We found this to be a very interesting and topical article by Royce Millar that was published in the Age. Of particular interest are the differing views of stakeholders from within the CBD and those in the suburbs and the sheer impact working from home has had on the CBD. [more]

Geelong has long been known as a city with a great lifestyle that rivals Melbourne and the capability to attract a significant number of people. In 2013, Geelong was identified as a growth area in the state government’s G21 Regional Growth Plan. Since that time... [more]

City of Melbourne has recently resolved to consider a number of industrial sites in the Fishermans Bend precinct, including the Vegemite and Boeing factories, for heritage protection. Whilst the buildings themselves are perhaps not the most visually appealing examples of historic built form, they represent key eras... [more]

Despite the challenges of 2020, Love Athletica (LA) has continued to thrive and has established Pilates Studios throughout Melbourne. Each studio has signature reformer-based classes for beginner, intermediate and experienced clients and incorporates yoga inspired stretch exercises and cardio elements to get the heart rate up and to provide overall body strength and conditioning. The South... [more]

As many properties in Melbourne are affected by covenants, keeping up to date with these issues is important.

One avenue to vary or remove a restrictive covenant is via s84(1)(c) of the Property Law Act 1958 and through the Supreme Court. One such recent decision is worth reporting on and that is the decision of Lascon Investments Pty Ltd v Phelan (2021) VSC80. This decision related to an application to vary a single dwelling covenant to enable the... [more]

The Springvale Activity Centre Structure Plan 2017 has helped facilitate the continued growth of central Springvale as a major commercial hub within greater Melbourne. The Activity Centre is also increasing and expanding the number of significant organisations and facilities it is home to, including numerous Asian community associations and the... [more]

The VCAT Red Dot Decision Owen v Boroondara, issued on March 5 2021, has the potential to make some Planning Permit Amendments impossible when new restrictive planning controls are introduced. [more]

In 2020, we discussed the proposed Better Apartments in Neighbourhoods Discussion Paper just after the period for public comment had closed. At the time, we noted that although the guidelines aimed at improving safety, internal amenity and streetscape presentation of apartment developments, they could have a further impact on the viability and affordability of developing apartments in middle ring [more]

On March 18, our office attended a webinar presented by the Victorian Planning and Environmental Law Association at which the Deputy Present of VCAT – Teresa Bisucci provided an update on how VCAT adapted, and is continuing to adapt, in response to COVID19 pandemic restrictions [more]

On 21 October 2020 Amendment VC193 was Gazetted which amended all Planning Schemes across Victoria by introducing a new Clause 52.18 (State of Emergency Recovery Exemptions). [more]

Covid-19 has affected all facets of the economy as well as how we interact with each other day-to-day. The Victorian Planning system is of course no exception. At a Council level, planning permit applications are still moving through the usual milestones with some adjustment to processes (i.e. no objector consultation meetings) and decisions are generally taking a few weeks longer than they had before [more]

For most of the history of Melbourne, apartments were a rare housing type in the distinct flat sprawl of the metropolitan area. A combination of a housing affordability crisis and good developer return for apartments in the mid-2010s saw an apartment boom in Melbourne, which included developments increasing in numbers in middle and outer ring suburbs such as Doncaster and Ringwood. Around the same time, the concept of micro-apartments as an international trend to combat real estate affordability raised questions about whether such developments [more]

Dealing with Amendment C219

In December 2017, Mornington Peninsula Shire Council adopted the Mornington Peninsula Housing and Settlement Strategy (The Strategy). The adoption of The Strategy has created difficulty for developers on the peninsula, as multi dwelling proposals which were previously supported by Council have now become highly contentious. [more]

On Thursday 14th March, our office attended the annual Interview with the Planning Minister hosted by the Victorian Planning and Environmental Law Association (VPELA). Like every year, the event was sold out, with industry professionals eager to hear what’s on the Minister’s agenda! [more]

The wonderful world of planning has been changing at a fast pace in recent years, keeping all of us involved in the planning sphere very busy! 2018 saw large planning reforms such as Smart Planning changing the operation of the scheme, a buoyant housing market keeping Council’s and Consultants busy, the State Election seeing many announcements and as usual, the Tribunal issuing Red Dot decisions that kept [more]

New Commercial Zone and Solar Panel Protection

On October 4th 2018, Planning Scheme Amendment VC149 was gazetted into the Planning Scheme. VC149 continues the momentum of a series of state wide reforms introduced this year (such as the Smart Planning, Garden Area and Cultural Heritage Sensitivity Reforms). [more]

How will the Victorian Planning system be impacted by the upcoming State Election?

You have probably noticed that there has been a plethora of political announcements in the past few weeks and with that, realised that a state election is fast approaching. As Melbourne continues to experience fast population growth, planning has increasingly become politicised (as if it wasn’t already) and promises have been made by all sides [more]

On the 31st July 2018, Amendment VC148 was gazetted into the Planning Scheme under the series of Smart Planning Reforms implemented into the Scheme in recent times.

One of the wonderful aspects of this amendment is that it has recognised that the complexity of the Planning Scheme is cumbersome and [more]

22 December 2016

What happens when a developer ignores the requirements of a planning permit?

For the developer of two newly built townhouses in Normanby Road, Kew, the ultimate penalty was handed down with the Council demolishing the dwellings after the Builder was found to have made major changes to the development outside the scope of the approved permits [more].

Bayside Council are proposing a Planning Scheme Amendment to update existing planning controls for land in Bayside that is liable to flooding. The purpose of the amendment is to ensure the areas affected by overlays are accurate and up to date based on recent research and flood modelling undertaken by Melbourne Water. [more]

Since our last newsletter in September, the State Government has reviewed and revised the Better Apartment Design Standards and released the finalised standards that will be incorporated in March 2017.

The standards still address the same issues as the draft version (such as building setbacks, room depths, solar access) however we have identified several notable changes which are outlined [more]

We often are asked for advice as to whether we should lodge an appeal to VCAT against the failure of Council to make a decision in the prescribed timeframe (60 statutory days) or to continue through the Council application process. [more]

A new suite of planning and subdivision application fees will be adopted across Victoria which are set hit the hip-pockets of permit applicants.

In a media release on 27 September 2016 the State Government advised the new fees are set to apply immediately starting 13 October 2016 [more]

First introduced in September 2014, there is now a presumption of reimbursement of fees if a council does not make a decision on a planning application within the prescribed statutory timeframe and the applicant lodges an appeal against this failure. In this case, the applicant is entitled to have their VCAT application fee reimbursed by council. [more]

In May 2015, the Minister for Planning released a Discussion Paper looking at improving the design for apartment buildings. The paper acknowledged the challenges of providing approximately 480,000 additional apartments required to accommodate the projected population of 7.7 million people by 2051 and focused on developing design standards that will provide better amenity outcomes for both [more]

The proposed Amendment C140 which sought to introduce a number of onerous planning requirements for residential development within Bayside has been abandoned by Council after a damning report from Planning Panels Victoria recommending that it be scrapped. [more]

On 1 July 2016, the VCAT fee structure changed, with the costs associated with VCAT applications increasing significantly.

Fees for applications and daily hearing fees are now charged according to three fee payer levels, with concession rates, standard rates and corporate rates. Corporate rates are approximately 30 percent more than the standard rates and are required to be paid by permit applicants who are businesses and companies with a turnover of more than $200,000 in the previous financial year or corporate entities and government [more]