Key Takeaways
- The Victorian government is planning to overhaul the state’s planning laws to allow for more intensive housing in areas where it is currently disallowed.
- Restrictive covenants, which are private agreements that restrict the use of land, will no longer automatically block planning permits.
- The change is expected to lead to an increase in medium-density housing, such as dual occupancy and townhouses, in areas like Reservoir, Balwyn, Camberwell, and Croydon.
- The government says the change will bring Victoria’s planning laws into the modern era and allow councils to focus on the planning merits of applications.
- The opposition has accused the government of rushing through the change without regard for local communities.
Introduction to the Planning Overhaul
The Victorian government is set to introduce a significant change to the state’s planning laws, which will allow for more intensive housing in areas where it is currently disallowed. According to planning expert, Ian Townsend, councils and the Victorian Civil and Administrative Tribunal will be more likely to grant permits for medium-density housing in areas like Reservoir, Balwyn, Camberwell, and Croydon. This could lead to a large number of applications for dual occupancy, three lots, four lots, or even five or six dwellings on a single lot. The change is expected to have a significant impact on the state’s housing market, with more properties potentially being subdivided to build small detached homes.
The Role of Restrictive Covenants
Restrictive covenants are private agreements that restrict the use of land and have been a major obstacle to development in many areas. Dr. Stephen Glackin, a senior research fellow in urban planning at Swinburne University, says that these covenants operate outside of town planning schemes and are often outdated. "Covenants set 50 years ago, or 100 years ago, just absolutely do not speak to the current context," he said. Glackin argues that covenants give individual landowners too much power and make it harder to plan for Melbourne’s population growth. The government’s plan to overhaul the planning laws will allow councils to remove restrictive covenants when they no longer make sense, which could lead to more development in areas where it is currently restricted.
Reaction to the Change
The opposition has accused the government of rushing through the change without regard for local communities. David Southwick, the Coalition’s spokesman for planning, housing, and building, says that covenants are there to protect liveability and neighborhood character. "Covenants are there to protect liveability and neighborhood character, the very thing many Victorians consider when making what is often the biggest purchase of their lives: their home," he said. However, the government argues that the change will bring Victoria’s planning laws into the modern era and allow councils to focus on the planning merits of applications. A government spokesperson said that the current system is "old-fashioned" and that the change will make it easier for families to make changes to their homes without being dragged to the Supreme Court.
The Impact on Housing Development
The change is expected to lead to an increase in medium-density housing, such as townhouses, in areas where it is currently restricted. Premier Jacinta Allan has said that she wants Victoria to be Australia’s "townhouse capital," and recent analysis of medium-density housing approvals has revealed that most townhouses are springing up in outer growth suburbs, not in Melbourne’s inner and middle ring. The Municipal Association of Victoria has welcomed the change, arguing that it will drive significant time and cost savings for applicants and councils. The association says that the change will bring Victoria into line with other states and reduce the excessive reliance on legal advice by applicants and councils.
Conclusion
The Victorian government’s plan to overhaul the state’s planning laws is a significant change that will have a major impact on the state’s housing market. While the opposition has accused the government of rushing through the change without regard for local communities, the government argues that it will bring Victoria’s planning laws into the modern era and allow councils to focus on the planning merits of applications. The change is expected to lead to an increase in medium-density housing, such as townhouses, in areas where it is currently restricted. As the state’s population continues to grow, it is likely that the government will face increasing pressure to find ways to provide more housing, and this change is seen as a step in the right direction. However, it remains to be seen how the change will be implemented and what the long-term effects will be on local communities and the state’s housing market.

