Green Wedge Zone: Victoria’s Preserved Greenspace

Land in the Green Wedge Zone sits outside the urban growth boundary and is intended to preserve non-urban character, agricultural productivity and environmental values. That strategic intent has been embedded in the Victorian planning framework since the 1960s; displacing Victoria’s typical planning residential and commercial development opportunities.

For developers and landowners, this means careful due diligence is essential. The key question is not whether you can apply for a planning permit, but whether the applicable controls allow a project that is consistent with the planning intention for Green Wedge Zone.

Step One: Is the Land Actually Green Wedge?

Initially for any site in the Green Wedge Zone, you should confirm exactly what controls apply to the land. That means obtaining advice on the following key factors:

• Whether the land is in the Green Wedge Zone or Green Wedge A Zone
• The applicable schedule to the zone
• Minimum lot size requirements
• Any other controls affecting subdivision or development
• Strategic intentions applying to the precinct

Does the Green Wedge Zone Prohibit Development?

In summary, the purpose of the zone is typically to protect:

• Agricultural capability
• Landscape and environmental values
• Non-urban character

Viable development that may be permissible are those that support the land’s primary non-urban function, such as agriculture, rural industry, farm stays, vineyards, nurseries and tourism.

Minimum Lot Size: The Feasibility Gatekeeper

Green Wedge land typically requires the following minimum lot sizes:

• Approximately 40 hectares or greater (Green Wedge Zone); and
• Approximately eight hectares or greater (Green Wedge A Zone).

Careful consideration should be given to whether smaller lot sizes can be created through various exemptions or specific controls. For example, it is not uncommon for smaller residential lots to be permitted in a schedule to the zone provided there are safeguards to ensure that no further subdivision then occurs. This could include implementation through a section 173 agreement and enforceable building envelopes.

Clause 57: The Overriding Control Many Miss

Even where a use appears permissible under the zone, Clause 57 (Two or more dwellings on a lot and residential buildings for four storeys) can introduce specific controls. For instance, if Clause 57 prohibits a use or subdivision outcome, the responsible authority cannot grant a permit regardless of what the zone might otherwise allow.

Development deal-breakers in the Green Wedge Zone, can include:

1. Prohibited uses (many office, warehouse and shop uses)
2. Strict minimum lot sizes
3. Clause 57 prohibitions applying to non-urban land

So early and careful assessment of all applicable controls will avoid unnecessary time and cost.

Dwellings in the Green Wedge: Technically Possible, Practically Contested

A dwelling approval in the Green Wedge prudently will require site-specific legal advice. In our experience, an evidence-led strategy is essential. The following should be demonstrated for support and approval:

• The dwelling supports agriculture or land management
• The site is appropriately serviced
• Bushfire, biodiversity, landscape and buffer requirements are satisfied
• Overlays and Clause 57 requirements are met.

Rural Tourism and Hospitality: Viable with Discipline

Rural tourism can align with Green Wedge objectives but only where a project is carefully designed and considered. Key due diligence questions include:

• Use definition and nesting; Confirm the planning use is not nested in another broader land use category that is prohibited as this can invalidate associated uses.
• Conditions and restrictions;Schedules and local policies may impose restrictions such as patron caps, bedroom limits, operational restrictions etc.
• Access and parking;integrated uses need to satisfy access and car parking standards which can be a challenge on rural land.

Educational Facilities

Primary and secondary schools may be permitted on land within the green wedge zone. This is typically a section 2 use which requires a planning permit.

Religious Institutions

Similarly, religious institutions and places of worship can also be delivered on the green wedge zone subject to a planning permit. 

Other Uses

Despite common misunderstandings, there are many uses which are not prohibited within the green wedge zone. There will be some uses of the land which are as-of-right (ie no permit required) or may be permitted with a planning permit. These should be strategically explored without experienced Development and Planning Teams at Best Hooper.

Overlays and Other Controls

Even if a proposal satisfies zone purposes and requirements, overlays can provide further layer of control. Common constraints that you should be aware of include:

• Bushfire Management Overlay; defendable space, access and water supply requirements can reshape design or reduce developable area.
• Environmental Significance, Vegetation Protection or Significant Landscape overlays; affecting clearing, siting and earthworks.
• Flooding, erosion and salinity controls; influencing engineering costs and land usability.
• Heritage and Aboriginal cultural heritage requirements; affecting siting, disturbance and sequencing.

Native vegetation removal is frequently underestimated in both cost and timing. Early identification of permit triggers and offset obligations is essential.

Amendment Risk: The Moving Target

Developers should keep in mind that planning scheme amendments can alter use tables, permit pathways and subdivision settings, together with a total rezoning. For projects with staging, delayed settlements or conditional contracts, amendment risk can directly affect value and deliverability.

Best Hooper can provide advice on amendments and likely changes from project infancy to completion stage. It is not uncommon for future development land to be zoned as green wedge in the interim pending implementation of a rezoning as part of the broader strategic direction for the precinct.

A Practical Green Wedge Due Diligence Framework

At Best Hooper we assist with:

• Controls review; Zone, schedule, overlays and Clause 57 applicability
• Lot size and yield; Subdivisional controls and opportunities to create smaller lots
• Use; Permitted, prohibited and conditional uses
• Site constraints; Bushfire, biodiversity, flooding, erosion, landscape and servicing
• Referral authorities; Likely triggers and approval timeframes
• Planning Permit; Provide legal and strategic review on planning permit applications, including condition appeals and refusals.
• Transaction protection; Due diligence reviews, sunset clauses and considering rezoning opportunities.

Green Wedge land development requires legal analysis. This is where our Development and Planning Teams experience can make the difference.