New Coastal Planning Rules (Vic)

A set of new coastal planning controls has now come into force via an amendment to all planning schemes in Victoriaand the release of the Victorian Coastal Strategy 2008.

These changes now provide a degree of certainty for the Victorian development industry operating in coastal locations. The new controls include directions regarding matters for considerations by councils when assessing planning applications in coastal areas, and how the impact of climate change on these areas will be addressed.

Concerns regarding residential development along the Victorian coastline and the potential impacts of climate change have been growing since last year’s decision by VCAT to overturn six South Gippsland Shire Council development approvals.  Whilst the reference to climate change was the final reason to overturn these decisions, dealing with this issue has become unclear for the housing industry.

Amendment VC52 - Clause 15.08 ‘Coastal Areas’

Clause 15.08 now applies to all Victorian planning schemes and requires that councils when dealing with development applications, to consider sea level rise of not less than 0.8 metres by 2100, the effects of tides, storm surges, coastal processes, local conditions as well as applying the precautionary principle when assessing coastal risks associated with climate change.

The latest changes also applies to planning scheme amendments rezoning land from non-urban to urban use and development of all land that is:

• Abutting the coastline or a coastal reserve; and
• Less than five metres AHD within one kilometre of the coastline including the Gippsland Lakes , having to take account of these climate change factors.

Victorian Coastal Strategy 2008

The Victorian Coastal Strategy 2008 sets out a five year plan for the State Government’s policies and actions for development in or near marine environments.

The Strategy suggests that climate change should not be a barrier to future coastal development where the design life of the development is within the timeframe of potential impact and the effects of climate change are mitigated. Hypothetically this means that should the life of a dwelling be considered to be 40 years and the site is not forecast to be impacted by climate change for 60 years than it is likely that subject to the incorporation of design features to mitigate risk that the development would be approved. However, the Strategy clearly expresses that any new development at risk of sea level rise will not be protected by expenditure of public funds.

The Strategy also provides advice regarding future settlement boundaries and activity nodes along the Victorian coastline.

Government programs / research

The impacts of climate change are squarely on both the Federal and most State Governments agendas.

In Victoria , the major program underway, led by the Department of Sustainability and Environment, is Future Coasts. Future Coasts, to be completed by 2010, involves a number of aspects, the most significant being digital modelling of the entire coastline to provide a physical vulnerability assessment of the level of risk to the Victorian coastline from the effects of storm surges, inundation, waves and erosion. It is anticipated that the mapping will guide future planning decisions. 

Other aspects of the program include a project looking at the potential types of adaptation approaches for climate change, as well as the development of a coastal infrastructure and assets database.

What does this mean for housing in coastal areas?

It will be some time before it’s clear how local governments along the coast will incorporate climate change into their planning decisions. The changes outlined above are new and the majority of coastal research is not complete, therefore it is recommended that members at the least consider climate change when conducting due diligence of new development sites.

When considering coastal locations for development, the following general rules are suggested:

• Anticipate that planning scheme amendments will result in changes to the permitted siting of coastal developments in the future;
• Proposals should respond through siting, design and other measures to avoid locations likely to be subject to inundation;
• Locations currently subject to inundation are the areas in which future inundation from sea is most likely;
• The sandier the location the greater the risk;
• That setting back developments from primary dunes is a likely design response;
• In the future development on primary dunes will not be considered appropriate and may not be permitted in this location; 
• Local councils may request coastal vulnerability assessments be submitted with planning approval; and
• Where required coastal engineers or hydrologist specialists are able to provide appropriate critique of sites.

Finding out more

Further information regarding coastal planning in Victoria is available via a general practice note ‘Managing coastal hazards and the coastal impacts of climate change’ and an advisory note ‘How to consider a sea level rise along the Victorian Coast’ available from the Policy and Projects section of the Department of Planning and Community Development website www.dpcd.vic.gov.au/planning. 

The Victorian Coastal Strategy is available from the Victorian Coastal Council website www.vcc.vic.gov.au. Further information regarding the Future Coasts Program is available at www.climatechange.vic.gov.au/futurecoasts.

For further information HIA members can contact HIA’s Planning Services staff on 1300 650 620 or vic_planning@hia.com.au.   

If you would like to become a HIA member, contact 1300 650 620 or enquiry@hia.com.au.

Ref No. VIC LEG 09-02

The above is intended to provide general information in summary form. The contents do not constitute specific advice and should not be relied upon as such. Formal specific advice should be sought by members with respect to particular matters before taking action.  ABN 99 004 631 752