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Current Amendments

The Bayside Planning Scheme is a comprehensive legal document that controls the municipalities' land use and development. It includes state, regional and local content which outline objectives, policies and controls for all land in Bayside.

The Bayside Planning Scheme can be viewed here.

What is a Planning Scheme Amendment?

A planning scheme amendment is required for any changes to the contents of the Planning Scheme. This can include a change to mapping (zoning or overlays), a change to the written part of the scheme (ordinance), or both. An amendment can be prepared by Bayside or the Minister for Planning and must be approved by the Minister.

The Planning Scheme Amendment Process

Planning Scheme Amendment Process Map

The planning system in Victoria is managed by the State Government and is the responsibility of the Minister for Planning.

The State Government maintains the Planning Scheme – or the ‘planning rulebook’ that controls how land can be used and developed.

Councils can propose changes to the planning rules, which must be approved by the Minister.

This is called a ‘Planning Scheme Amendment’.

Council works with the community and experts to identify local needs and develop strategies or policies that set out how to respond (e.g. Heritage studies, Structure Plans, Housing Strategies).

This usually involves two rounds of community consultation. Final policies and strategies must be approved by Council at a Council Meeting.

Who is involved 

  • Council
  • Applicant 
  • Experts

Council prepares a draft Planning Scheme Amendment which outlines the proposed changes to the planning rules.

The draft is prepared by Council officers and experts.

Who is involved 

  • Council
  • Experts 

The Minister for Planning must give Council permission (‘authorisation’) to proceed and consult on the draft Planning Scheme Amendment to apply the strategies and policies.

The Minister must be satisfied with the intent and rigour of the strategy or policy and its alignment with State Government Policy.

Who is involved 

  • Vic Gov 

The community can review and provide feedback (‘submissions’) on the Draft.

The consultation process is run by Council and may involve letters, meetings, information sessions and online methods.

Who is involved 

  • Council
  • Community 

An independent Planning Panel considers submissions, conducts hearings and prepares a report with recommendations for Council.

This is run by Planning Panels Victoria. Council and anyone who has made a submission can attend and present to the Panel. Sometimes experts are engaged to help.

Who is involved 

  • Council 
  • Community 
  • Experts 

Council considers the submissions received and the Planning Panel report and decides whether to adopt, change or abandon the draft Planning Scheme Amendment. The decision is made by Council at a Council Meeting.

Who is involved 

  • Council

The Minister for Planning will review and decide whether to approve the Amendment and update the rules in the Planning Scheme.

The Minister’s decision is published in the Victoria Government Gazette.

Who is involved 

  • Vic Gov

The new planning rules are applied through the Planning Permit submission and assessment process.

Who is involved 

  • Council
  • Community
  • Applicants
  • Experts 

The Planning Scheme Amendment process (from step 3 to step 7) usually takes between 6 and 12 months, but sometimes longer.

In some circumstances changes to the planning rules are considered urgent.

In this case Council can ask the Minister to apply ‘Interim’ planning rules while Council undertakes the full process. The Minister decides whether to grant interim rules and for how long.

Current amendments

Amendment number Amendment name Status
C187bays Environmentally Sustainable Development Policy Approved and awaiting Gazettal
C194bays Proposed application of a Heritage Overlay on 31-33 Eliza Street, Black Rock Approved and awaiting Gazettal
C192bays Post-War Modern Residential Heritage Exhibition Completed
C186bays

Implementation of Bayside Urban Forest Strategy 2022

Exhibition completed
C199bays

Amendment C199bays: Proposed Rezoning of land at Highett Grassy Woodland and Yalukit Willam Nature Reserve (formerly Elsternwick Park)

Exhibition completed

 

Recently Completed Amendments

Amendment number Result Description
C160bays Approved on 21 September 2022 Implemented the Highett Structure Plan.
C175bays Approved on 28 January 2022
Sandringham Golf Course, Cheltenham Road, Black Rock was changed from Advertising Signage Category 4 to Category 3. This allows for the display of business identification signage and promotion signage on site.
C184bays Approved on 31 May 2023 Implementation of the Bayside Affordable Housing Strategy 2021