A planning scheme is a document approved by the Victorian Government, which outlines objectives, policies and controls for the use, development and protection of land for each municipality across Victoria.

A planning scheme controls land use and development within a municipal district. It contains state and local planning policies, zones and overlays and other provisions that affect how land can be used and developed. Each planning scheme consists of maps and an ordinance containing planning provisions. The planning scheme is a statutory document and each municipality in the state is covered by one.

Zones are the primary tool for guiding the fair and orderly use and development of land. A zone sets expectations about what land use and development activity is or may be acceptable. Each zone broadly deals with a particular predominant land use theme, such as residential, commercial, industrial or public land uses.

The zone also controls development by requiring a planning permit for specified types of development. Some zones seek to promote a specific outcome by exempting a preferred form of development from the need for a permit. Some zones may include mandatory requirements, such as a maximum building height and minimum front setbacks.

Planning schemes are regularly amended through the statutory planning scheme amendment process. A planning scheme amendment may involve a change to a planning scheme map (for example, rezoning of land or the application of an overlay), a change to the legal or written part of the scheme, or both. The process of a planning scheme amendment is set out in the Planning and Environment Act 1987.

The NRZ is an appropriate zone to use for areas that have been identified as having specific neighbourhood, heritage, environmental or landscape character values, which distinguish the land from other parts of the municipality or surrounding area.

The area surrounding the site is characterised by single-story residential buildings of modest site coverage, generous front setbacks that include well-established gardens and low-profile and visually permeable fencing. Mature native and non-native trees are prominent features in both private and public spaces, particularly in the surrounding road reserves.

The planning controls in the new zoning will ensure that development responds these characteristics by designating minimum a lot size, maximum building heights and ensuring front setbacks can accommodate establishment of canopy trees.

Updated 14/3/24: Removed 'In combination with a Heritage Overlay that applies to the whole of Malmsbury...' from the last paragraph.

While all areas have a history or a heritage, not all areas are historically significant. Heritage significance is assessed based on specific criteria, as set out in Planning Practice Note 1 – Applying the Heritage Overlay (PPN01).

The subject land at 1 Wills Street Malmsbury currently sits within HO148 (Malmsbury Precinct) which covers a large area in the eastern part of the township. Previously, the Shire of Kyneton Conservation (Heritage) Study (1990) did not identify the subject site as having any heritage significance of its own. More recently, council’s Heritage Planner concluded (noting PPN1) that there is little or no visible heritage in the streetscape or immediate area of the site that would warrant heritage protection. Because of this, Council considered that future development on the land would not impact on the heritage significance of the broader area covered by HO148, and it is appropriate to remove the heritage overlay from the site. This avoids the requirement for a planning permit where it is not justified.

Neighbourhood character considerations are included in the provisions of the proposed NRZ13. Any development on the subject site needs to be consistent with the existing neighbourhood character, which includes larger lot sizes, significant landscaping, and houses generously set back from the street.

The site coverage refers to the proportion of any lot that can be built on. To calculate site coverage, see the formula below. A building area includes a dwelling, a garage or carport, a verandah and any other roofed building such as a garden shed. A more in-depth description of what is and is not included in determining site coverage can be found in the Planning Practice Note 27 | Understanding the Residential Development Standards (ResCode).

More information on understanding Victoria’s planning system can be found through the Department of Transport and Planning website.