RESIDENTS in Tootle Street have expressed anger against proposed housing developments which have continued to add to the Mitchell Shire Council’s (MSC) frustration against new housing reform laws.
Four pointers have been raised, with residents concerned about the potential for traffic congestion and disaster preparation, the buildings impacting lifestyles, buses which barely cleared the space through the route which could be exacerbated by these new developments, and that the covenants were for homes on large blocks.
Previously, the application was considered by VCAT in 2022.
“In its order dated 15 July 2022, VCAT set aside council’s decision to refuse the proposal and directed that a planning permit be issued for the land in accordance with endorsed plans and conditions,” MSC CEO Mary Agostino said.
However, with the new changes to planning controls, this has altered how councils now must view similar proposals.
“Council officers are currently assessing the applications in light of the Victorian Government’s recent changes to planning controls for multi‑dwelling developments. These reforms have significantly altered how councils across Victoria must assess these types of proposals,” Ms Agostino said.
“The state changes streamline decision guidelines, shorten statutory timeframes, restrict the matters councils are permitted to consider and introduce “deemed to comply” provisions, meaning that if a proposal meets the prescribed standards, council cannot refuse the application.
“These reforms were introduced with little to no consultation with local government, and they now form the mandatory assessment framework for all new multi‑dwelling applications.
“Because of these changes, some applications may not require a Community Questions and Hearings Committee meeting or a full Council decision cycle. Officers are carefully assessing the proposals against the new requirements and are briefing Councillors as part of this process.”
Through Clause 55 exemptions, Ms Agostino also confirmed that neighbourhood character, such as the one on Tootle Street, is also unable to be considered.
“Under the new Clause 55 exemptions, neighbourhood character is no longer a consideration for applications captured by the State reforms. Changes made to Clause 55 now explicitly removes the requirement for the responsible authority to consider neighbourhood character policies or studies when determining these applications,” she said.
“As a result, council’s neighbourhood character studies cannot be applied in assessing these proposals. VCAT is also unable to consider neighbourhood character policies or studies for applications assessed under the new Clause 55 provisions.
“Council’s decision‑making is now confined to the standards and objectives set out in Clause 55 as amended by the State Government.
“The Department of Transport and Planning has prepared an FAQ to assist the community in understanding the recent changes.”