Rivers of the Barwon and Waterways of the West planning controls

Amendment VC201 makes three key changes to the Planning Policy Framework (PPF), namely:

Updates the Victoria Planning Provisions (State policy) at Clause 12.03-1S. The update to this clause provides further guidance for the protection of all Victorian waterways. This change affects all planning schemes.

Introduces two new regional policies:

• the Rivers of the Barwon at clause 12.03-1R in the Ballarat, Colac Otway, Golden Plains, Greater Geelong, Moorabool, Queenscliffe and Surf Coast planning schemes
• the Waterways of the West at clause 12.03-R in the Brimbank, Greater Geelong, Hobsons Bay, Hume, Macedon Ranges, Maribyrnong, Melbourne, Melton, Mitchell, Moonee Valley, Moorabool, Merri-bek (formerly Moreland) and Wyndham planning schemes.

Introduces a series of new Significant Landscape Overlays (SLO) for:

• the Rivers of the Barwon (Barwon, Leigh, Moorabool and Yarrowee Rivers) in the Ballarat, Colac Otway, Golden Plains, Greater Geelong, Moorabool and Surf Coast planning schemes
• the Waterways of the West (the urban extent of Maribyrnong River, Moonee Ponds Creek and Werribee River) in the Brimbank, Hume, Maribyrnong, Melbourne, Moonee Valley, Merri-bek and Wyndham planning schemes.

Amendment VC201 makes updates to reflect the importance of all Victorian waterways. It also provides clarity on what aspects of a waterway need to be considered.

There are several changes to clause 12.03-1S including:

• Updating the title of the provision to acknowledge that waterways can be more than rivers, lakes and wetlands. The new title now reflects that this provision applies to river and riparian corridors, waterways, lakes, wetlands and billabongs
• Acknowledging that Victorian waterways and their environ are significant and should be protected
• Acknowledging that our waterways hold multiple values including cultural, environmental and landscape values
• Providing further guidance on how to protect and what to consider near waterways.

The Rivers of the Barwon and Waterways of the West are facing pressure from population growth and a changing climate.

For Rivers of the Barwon, the regional centres of Geelong and Ballarat are rapidly transforming, and with this transformation comes opportunity to protect and enhance the waterways and their surrounding lands.

For the Waterways of the West, this region faces multiple challenges resulting from historic land and waterway use, population growth and climate change. Melbourne’s West is rapidly transforming, with a forecast million additional residents over the next 30 years, and with this transformation comes opportunity to protect and enhance the waterways and their surrounding lands to better connect communities to nature for health and wellbeing.

Amendment VC201 introduces two regional policies at clause 12.03-1R, one for the Rivers of Barwon and the other Waterways of the West.

Clause 12.03-1R (Rivers of the Barwon) is introduced in the Victoria Planning Provision in the Ballarat, Colac Otway, Golden Plains, Greater Geelong, Moorabool, Surf Coast and Queenscliffe planning schemes.

Clause 12.03-1R (Waterways of the West) is introduced in the Victoria Planning Provision in the Brimbank, Greater Geelong, Hobsons Bay, Hume, Macedon Ranges, Maribyrnong, Melbourne, Melton, Mitchell, Moonee Valley, Moorabool, Merri-bek and Wyndham planning schemes.

These regional policies look at these regions as a whole, acknowledging that the catchments go beyond the main rivers and the urban growth boundary, and include lakes, tributaries and billabongs that all function as part of living system.

The amendment introduces a suite of Significant Landscape Overlay (SLO) controls to provide a consistent approach to managing landscape and riparian environs through Rivers of the Barwon and Waterways of the West river corridors. They are the local layer of protection, supported by the amended clause 12.03-1S and the new regional policies at clause 12.03-1R.

The controls ensure that the landscape values of the Rivers of the Barwon and Waterways of the West are acknowledge, protected and enhanced. The overlays provide place-based guidance for these significant waterways. The policies guide preferred development outcomes and landscape protection along these waterways.

The Rivers of the Barwon SLO controls apply in the Ballarat, Colac Otway, Golden Plains, Greater Geelong, Moorabool and Surf Coast planning schemes, focused on the following waterway corridors:

• Barwon (Parwan)
• Moorabool River (Mooroobull)
• Leigh River (Waywatcurtan)
• Yarrowee River (Yarowee)

To ensure that significant landscape and environmental values of waterways are protected, the SLO controls address:

• the siting and design of buildings and fences
• the removal of vegetation
• the undertaking of earthworks.

For land affected by the overlay, a planning permit may be required for some buildings and works.

The SLO controls apply to public and private land within the broader landscape setting of the river. This is approximately 30m to 400m from the top of bank on both sides and determined based on locally specific topographic and landscape features. The application of the overlays acknowledges that these rivers have both rural and urban contexts. Accordingly, the SLO generally applies more ‘tightly’ along urban waterway corridors where development has already impacted the landscape experience, while managing the impacts of future development. In more rural settings, where waterway corridor views and landscapes are experienced in a more open setting, the SLO extent is expanded to reflect this context.

The Waterways of the West SLO controls apply in the Brimbank, Hume, Maribyrnong, Melbourne, Moonee Valley, Merri-bek, and Wyndham planning schemes focused on the following urban waterway corridors:

• Maribyrnong River (Mirrangbamurn)
• Moonee Ponds Creek (Moonee Moonee)
• Werribee River (Wirribi Yaluk)

To ensure that significant landscape and environmental values of waterways are protected, the SLO controls address:

• the siting and design of buildings and fences
• the removal of vegetation
• the undertaking of earthworks.

For land effected by the overlay, a planning permit may be required for some buildings and works.

The SLO controls apply to public and private land within the broader landscape setting of the river. This is approximately 30m to 400m from the top of bank on both sides and determined based on locally specific topographic and landscape features. The application of the overlay acknowledges the urban contexts of these waterways, and accordingly the SLO generally applies more ‘tightly’ along urban waterway corridors where development has already impacted the landscape experience, while managing the impacts of future development.

At this time, SLO controls introduced by amendment VC201 are in place on an interim basis until 31 December 2026 (four-years from gazettal).

The interim period will allow sufficient time for state and local government to monitor the operation of the controls.

In 2020 the Barwon Ministerial Advisory Committee (PDF) and the Waterways of the West Ministerial Advisory Committee (PDF) facilitated a community-led approach to the future management and protection of the respective catchments. Through this process different methods for protecting these waterways were considered. It was determined that a holistic approach to waterway planning was required, one that looked at the waterways as a whole, extending across municipal boundaries.

In examining how best to protect waterway and landscapes values a similar methodology that was used to protect the Yarra River (Birrarung) corridor was employed. This comprised a technical landscape and planning assessment being undertaken. The assessment process included:

• landscape character and values assessments
• assessment of landscape threats, visual exposure and sensitivity
• identification of planning scheme gaps
• development of integrated planning scheme responses.

Ministerial Advisory Committees appointed to advise the Minister for Planning and the Minister for Water on protections for the Rivers of the Barwon and the Waterways of the West. They worked in partnership with the Traditional Owners to understand the threats to the rivers, how to better manage these threats, how to enhance and protect waterways and better ways to involve Traditional Owners in decision-making.

The Barwon Ministerial Advisory Committee included Wadawurrung membership, and the Waterways of the West Ministerial Advisory Committee included Wurundjeri Woi wurrung elders and Wadawurrung membership.

The Ministerial Advisory Committees’ recommendations relating to better acknowledgement and inclusions of Traditional Owner cultural values in planning schemes.

Amendment VC201 takes several steps in addressing this recommendation, namely:

• through SLO controls, acknowledging the river corridors as single and living entities with intrinsic cultural values
• through SLO controls, mapping of waterway corridors as single entities which cross Country and modern municipal boundaries
• usage of Aboriginal language for places, flora and fauna, where known
• recognition through planning policy of connected waterway systems.

The natural landscape character and environment of the Waterways of the West and Rivers of the Barwon regions are diverse.

The controls protecting the landscape values of the river corridors were previously incomplete, inconsistent, or non-existent. This led to inconsistent outcomes from one side of the river to the other, limited or no development setbacks being established from waterways and, in places, development overpowering natural landscape character. In addition, native vegetation removal impacted views of the natural landscape and the environmental values of the corridor.

As Melbourne and Victoria’s regional areas continue to grow, greater pressure is being placed on land surrounding our waterways. In response, the Victorian Government committed to protecting urban waterways including the Rivers of the Barwon and Waterways of the West.

Amendment VC201 strengthens state and regional policy within clause 12.03 (Water bodies and wetlands) and introduces SLOs to recognise the vital role our waterways play in the liveability of neighbourhoods and the broader environment.

These changes improve upon current planning controls for the waterways which, in places, are ad-hoc, inconsistent or non-existent, relying on broad discretionary requirements leading to development outcomes which undermine the landscape and environmental values of the waterways.

Amendment VC201 continues to implement commitments made in Plan Melbourne 2017 – 2050 and the Yarra River Action Plan (2017). These seek to establish stronger planning controls to protect the Maribyrnong and Werribee Rivers and to consider protection of other urban waterways by replicating the Victorian Government’s approach to the Yarra River (Birrarung).

The Ministerial Advisory Committees considered different mechanisms to protect waterways, including the planning tools used to protect the Yarra River (Birrarung). As a result, the committees made recommendations relating to consistent environmental overlays being applied to entire river systems.

Ministerial Advisory Committee recommendations on Rivers of the Barwon and Waterways of the West informed the approach to planning controls, in particular, identifying the rivers holistically, as single entities and acknowledging Traditional Owner cultural values.

• Barwon MAC Recommendations Report (PDF 6.1 Mb)
• Protecting the waterways of the west Ministerial Advisory Committee final report (PDF 11 Mb)

Amendment VC201 is a direct response to both the Rivers of the Barwon and Waterways of the West Action Plan’s short-term actions 3.1 and 3.2:

3.1 Protect waterways statewide through a strengthened planning policy framework, processes and supporting guidance.

3.2 Protect and elevate the significance of the Barwon, Leigh, Moorabool and Yarrowee Rivers (Rivers of the Barwon) and within the urban growth boundaries, the Maribyrnong River, Moonee Ponds Creek and Werribee River (Waterways of the West) through stronger landscape and environmental planning controls and new regional policies.

Amendment VC201 updates the Victoria Planning Provisions (State policy) at clause 12.03-1S in response to Action 3.1, providing further guidance for the protection of all Victorian waterways.

In response to Action 3.2, new regional policies are introduced at 12.03-1R as well as a suite of SLOs at a local level to offer additional protection to Barwon, Leigh, Moorabool and Yarrowee Rivers as well as Maribyrnong River, Moonee Ponds Creek and Werribee River.

• Rivers of the Barwon (Barre Warre Yulluk) action plan (8.6 Mb)
• Waterways of the West action plan (PDF 9 Mb)

Through the Ministerial Advisory Committees appointed for the Rivers of the Barwon and Waterways of the West, feedback was sought from Traditional Owners, councils, and the broader community through a public engagement process. This stakeholder consultation informed recommendations made to the Minister for Planning on planning system changes needed to better protect these waterways.

At this time, SLO controls introduced by VC201 are in place on an interim basis until 31 December 2026 (four-years from gazettal), allowing state and local government to monitor the operation of the controls.