_PROTECTED SETTLEMENT BOUNDARY or PROHIBITION?

A ‘protected settlement boundary’ (PSB) is a relatively new term in the Victorian planning system that has been introduced in Statements of Planning Policy that are approved or are in the process of being approved to protect recognised distinctive areas and landscapes in Victoria.  These distinctive areas and landscapes include the Macedon Ranges, the Bass Coast, the Bellarine Peninsula and the Surf Coast.

According to the Statements of Planning Policy, a PSB is a “long term settlement boundary intended to protect the valued attributes of the rural hinterland surrounding the settlement by containing its growth“.  Importantly, once incorporated into the Victorian Planning Provisions, a PSB cannot be amended without being ratified by both Houses of Parliament. 

If the definition of a PSB is to be strictly interpreted, there will likely be propositions that no permissible uses in existing zones outside the PSB AND that have a more ‘urban character’, should be allowed even if they may be cases that are not just proposing township expansion.  In other words, does the definition of the PSB in effect make permissible uses prohibited?  There are many such permissible uses for example, under the rural living zone (RLZ) or the low density residential zone (LDRZ), which are zones typically located outside the PSB. 

An example of the concern with the apparent conflict is a retirement village, which is a permissible use under the RLZ and LDRZ. 

Not only may the zoning of land and relevant use tables outside the PSB, suggest conflict with the definition of the PSB, there are situations where existing retirement villages exist but are excluded from identified PSB, which adds to potential confusion.  In our experience, retirement villages (and other specialised uses) play a vital role in meeting a specific demand however, townships do not often have the land availability for these uses (often requiring 10 to 12 hectares in area) and therefore, they are often best suited outside townships / protected settlement, albeit close to such settlements. 

In order to address the potential hours of policy interpretation and debate created by the addition of PSB, a sensible solution would be to vary its definition so that it recognises cases that should remain permissible based on merit and does not become a defacto prohibition policy.