We are currently preparing our new Municipal Planning Strategy (MPS)
Thank you for your feedback. Submissions to the draft Municipal Planning Strategy (MPS) are now closed.
The results of the Phase 3 Engagement were put to the Planning and Consultation Committee (PCC) meeting held on the 8 November 2022. The Officers report and associated meeting minutes are available on our Council meeting minutes and agendas page.
The Municipal Planning Strategy (MPS) is situated at the front of the Nillumbik Planning Scheme (Clause 2). It provides the ‘vision’ and foundation for the Nillumbik Planning Scheme’s local polices and strategic direction based on the Shire’s location and regional context, history, assets, strengths, key attributes and influences.
The objective of this project is to create a new Municipal Planning Strategy that captures the overarching strategic policy directions of the municipality which is reflective of the Nillumbik community’s current key interests and vision for the municipality.
The new Municipal Planning Strategy will be important planning policy within the Nillumbik Planning Scheme that will be used by Council and the community to implement and execute on the vision and high-level strategic directions that have been established for the Shire regarding the future planning of land use and development in the municipality.
At a future Council Meeting, Council may choose to adopt the new MPS and seek authorisation to prepare and exhibit a planning scheme amendment to the Nillumbik Planning Scheme to implement the new adopted MPS, further refine the final draft of the MPS, or abandon the MPS.
Note: the planning scheme amendment process will involve another formal round of consultation whereby the final adopted version of the MPS will be exhibited to the community and stakeholders pursuant to the notification requirements of the Planning & Environment Act 1987, who will have another opportunity to provide comment
The Municipal Planning Strategy (MPS) is a succinct expression of the overarching strategic policy directions of a municipality. It provides for the planning scheme’s policy foundation, based on the municipality’s location and regional context, history, assets, strengths, key attributes and influences. The MPS supports but does not form part of the Planning Policy Framework (PPF). The PPF and MPS work together to form the strategic basis of a planning scheme.
The MPS replaces the former Municipal Strategic Statement (MSS) and its format and content are progressively being converted in all Planning Schemes across Victoria.
Changes were introduced by the Minister for Planning under Amendment VC148 in July 2018, which introduced new structure to the Victorian Planning Provisions (VPP) that required all planning schemes be translated into a new format to simplify planning policy, making it more accessible and efficient. This included introduction of a new PPF and the introduction of the MPS (to replace the Municipal Strategic Statement).
Before translation, planning schemes were required to have a Municipal Strategic Statement (MSS) that set the vision for a planning scheme although this was very administrative and not particularly concise.
It is however important to note that Amendment VC148 did not translate the current Local Planning Policy (LPP) or Municipal Strategic Statement (MSS) into the new framework.
As required by the State Government, the Minister for Planning undertook a policy neutral amendment of the Nillumbik Planning Scheme to translate the current Local Planning Policies (LPP) and the Municipal Strategic Statement (MSS) into the new format through Amendment C135nill in July 2021 (see the following link for more information). https://www.nillumbik.vic.gov.au/Council/News-and-publications/Latest-news/The-Nillumbik-Planning-Scheme-now-looks-different.
However, as a result of the policy neutral amendment, the MPS as it currently stands in the Planning Scheme is essentially the translated Municipal Strategic Statement (MSS) (i.e. has the same content as the former MSS). At present the MPS in part states that Nillumbik will remain a green wedge through the conservation of its biodiversity and preservation of natural features. As is demonstrated in this statement, the current Municipal Planning Strategy still contains some very valuable content, however a full scale review has not been undertaken since its introduction into the Scheme some 20 years ago and consequently it does not necessarily capture modern land use and development issues/influences that Nillumbik now needs to plan for into the future, for example climate change. Therefore, the now MPS needs to be updated to reflect a modern vision and subsequent strategic directions for Nillumbik. For Council, preparation of an updated MPS represents the best opportunity to capture the community’s current and future views and to set the vision for the Nillumbik Planning Scheme and future strategic work to inform local planning policy.
A planning scheme is a legal document prepared by the local council or the Minister for Planning, and approved by the Minister. Planning schemes apply to all private and public land in Victoria and are generally binding on everyone, with some exemptions.
All planning schemes have a standard structure drawn from the Victoria Planning Provisions (VPP) and specified in the Ministerial Direction on the Form and Content of Planning Schemes. Planning schemes contains policies and provisions that control land use and development including the Municipal Planning Strategy, Planning Policy Framework policies, zones, overlays and other provisions to achieve the objectives of the Planning and Environment Act 1987 in addition to state and local government planning strategies. Simply put however, they have three main parts:
- Maps showing how land is affected by zones and overlays.
- The ordinance setting out the written requirements of a scheme.
- Incorporated documents.
The Planning Policy Framework (PPF) is the policy content of planning schemes. It includes part of the Victoria Planning Provisions (VPP) in the form of state and regional planning policies and local content in the form of local planning policies. The state, regional and local levels of policy are grouped by theme; with directly relevant regional and local policies ’nested’ under the corresponding state planning policy. The PPF operates alongside the MPS to form the strategic basis and framework for planning decision making with respects to land use and dveleopment.
The State Government sets the format for all Planning Schemes in Victoria. A set of standard provisions called the Victoria Planning Provisions (VPP) is established by the Minister for Planning under the Planning and Environment Act 1987 (the Act).
The VPP and the Ministerial Direction on The Form and Content of Planning Schemes ensure that the construction and layout of planning schemes is consistent across Victoria.
The planning authority (usually the local council) drafts the content of local planning policies, including a Municipal Planning Strategy (MPS), and must select the appropriate zones and overlays from the VPP for inclusion in their planning scheme.
Content in the MPS cannot be contrary to State planning policy.
Importantly the MPS is very high level – it does not provide detail that local policy and other provisions within the planning scheme deals with such as the zones and overlays, rather it identifies key influences, issues and objectives specific to the area governed by the planning scheme; in this instance the Nillumbik Shire Council area.
The Municipal Planning Strategy (MPS) must succinctly explain the context for a municipality and provide the overarching strategies for the major land use and development matters that affect it. It does not include detailed policy which belongs in Clauses 10 to 19 (Planning Policy Framework) of the planning scheme.
The content of the MPS should be easily read, expressed in a logical sequence and grouped by related land use and development themes. The preferred approach is to follow the Planning Policy Framework (PPF) themes. This reinforces the strategic linkages between the PPF and the MPS, helps navigation and improves the ease of use of the planning scheme. PPF policy topics are addressed in the MPS based on the priorities of the municipality.
Information that is likely to become out of date before the next review cycle (about 4 years) is advised by State Government to not be included in the MPS.
To ensure the MPS focuses on priorities and provides a clear and direct message about a council’s planning aspirations, the Ministerial Direction The Form and Content of Planning Schemes specifies a word limit for the MPS. The allowable word limit for the MPS is 5000 words (excluding plans).
There are four sections that make up the Municipal Planning Strategy (MPS). These include:
- Context (Clause 02.01)
- Vision (Clause 02.02)
- Strategy Directions (Clause 02.03)
- Strategic Framework Plans (Clause 02.04)
The sections of the MPS are consistent across Victoria (for those council who have gone through the MSS to MPS translation process) as per the State Government requirements mentioned in the previous section.
Clause 2.01 Context:
The context is a concise half to one page description of the municipality in its regional setting providing a very brief description of the geographic, economic, environmental and demographic qualities of the municipality. These should represent both the opportunities and challenges that establish the key land use and development issues to be addressed in the municipal vision and strategic directions.
The context should set the scene for what issues are important to the municipality and need to be addressed by the planning scheme. There is no need to provide extensive detail or state how the issue will be addressed in the context statement because this is the role of the strategic directions.
Clause 2.02 Vision:
The vision is an overarching statement of intent that describes the type of municipality a council seeks to create. It should be concise, typically half to one page, and can comprise one consolidated statement or a set of statements.
Importantly - the vision must focus on land use and development issues capable of being influenced by the planning scheme. If the vision is derived from a vision statement sourced outside the planning scheme (such as from a council plan that addresses broader issues), that wider vision statement will need to be distilled into a vision for the MPS that focuses on land use and development.
The vision together with the strategic directions and strategic framework plans provide an opportunity to set out the local directions of the planning scheme, consistent with state policy in Clauses 10 to 19.
Clause 2.03 Strategic Directions:
The strategic directions outline how a municipality will implement its vision and manage key issues relevant to the municipality. Strategic directions are the high-level policy intentions for the municipality that provide the basis for matters that are implemented through more detailed policy in Clauses 10 to 19 (Planning Policy Framework) or a planning scheme control (e.g. a zone or overlay).
The strategic directions must be supported by background strategic work that has already been undertaken by a council. If the work to support the strategic directions has not been undertaken, then that matter may be identified as further strategic work in Clause 74.02 (Further Strategic Work) or elsewhere in a council work or business plan, not in the MPS. The strategic directions need to be evidence-based so that they can be reasonably implemented through the planning scheme.
The strategic directions should articulate what is most important to the municipality from a land use and development perspective and provide an understanding of why those issues are important. In particular, they may set out:
- How state and regional policy will be implemented at the municipal level;
- Articulate how identified issues will be addressed and how the vision will be implemented;
- Contain direction on matters such as opportunities for growth, a township or activity centre hierarchy, areas of environmental significance or any other topic that is relevant to land use and development within the municipality;
- Provide the policy basis for the application of controls and the local policies in Clauses 10 to 19.
Strategic directions should be grouped by theme and identified by sub-headings. The themes should follow those of the Planning Policy Framework (PPF) for consistency and navigability. The strategic directions for each theme may be supplemented with a brief context (generally 1 or 2 paragraphs) to help explain the basis of the strategic directions. While this contextual information is written in the narrative form, strategic directions must be in bullet point form, so they are clearly identified. Each strategic direction should only express one idea.
Clause 2.04 Strategic Framework Plans:
The strategic framework plans are a spatial representation of the key strategic directions for the municipality. The vision, strategic directions and strategic framework plans together provide the ‘big picture’ response to the opportunities and challenges facing a municipality. The strategic framework plans:
- Should show spatially how the municipality is expected to change as a result of the implementation of the planning scheme;
- Compliments the policy in the MPS and where relevant, PPF;
- They cannot replace policy text. For example, a strategic direction must be in the text of the MPS and not solely on a framework plan;
- They should have a clear link with the strategic directions in the MPS and can be annotated to express the strategic directions on the plans;
- May show matters such as directions for growth and development, housing frameworks, industrial land supply, productive agricultural land, strategic redevelopment sites, significant infrastructure, areas of environmental significance or areas where environmental risk must be managed or any other matter that the MPS identifies;
- Should illustrate more than just existing conditions.
The Further Strategic Work section of the planning scheme (Clause 74.02) is a concise list of work a council intends to undertake before the next planning scheme review (occurring on a 4 yearly cycle), which is subsequently then set out in a schedule to this clause. The work must have a land use and development focus and must relate to matters that can be implemented through a planning scheme. It should be noted that this list of further work may not be budgeted for and will require funds to be appointed in future budget cycles to undertake and complete projects.
The identification of further strategic work is useful for a council to set strategic priorities and obtain funding for a project. However, as these strategic intentions are not fully formed and have not had the benefit of strategic work to underpin them, there is a risk that they can be used as speculative policy and lead to decisions being made that are not based on adopted policy.
Importantly to note, the identification of further strategic work is not a requirement of the Planning and Environment Act 1987 and does not form part of the Municipal Planning Strategy (MPS) or Planning Policy Framework (PPF).
Previous community input has been important in preparing the new Municipal Planning Strategy (MPS). The following community engagement program approach was endorsed by Council on 9 February 2021 in regard to consultation around the Our People Our Place Our Future consultation to inform preparation of the Council Plan, Health & Wellbeing Plan, Nillumbik Vision 2040 and the MPS. The program includes the following phases:
Phase 1 – Our People, Our Place, Our Future (OPOPOF) community engagement program involving a Shire-wide survey used to inform the themes within the MPS (February to April 2021). The Climate Action Plan survey was also used to inform the MPS themes (completed).
Phase 2 – MPS themes community engagement involving a review of the existing MPS and planning themes that influence the MPS. It included a six-week survey, four virtual community workshops, extensive internal department workshops and associated communications (August to October 2021) (completed).
Phase 3 – Draft MPS community engagement involving a review of the new draft MPS including specific clause ordinances and maps. Feedback from the Phase 2 has been used to draft a new MPS. The draft MPS has been brought to Council on the 24 May 2022 for its consideration and has been endorsed to be exhibited for community input and feedback. Consultation will involve an online survey or the ability to provide a written submission on the four sections of the MPS and Clause 74.02 as well as correspondences to internal Council departments. Feedback received from this engagement would be incorporated into the final draft of the MPS and brought to Council again for adoption (current).
Phase 4 - Subject to Council’s adoption of a final draft of the MPS, officers will also seek Council’s approval to seek authorisation from the Minister for Planning to prepare and exhibit a planning scheme amendment to the Nillumbik Planning Scheme to insert the updated MPS. It should be noted that as part of the amendment process, the proposed MPS would be exhibited to the community with submissions called as part of the formal notification period pursuant to the Planning & Environment Act 1987 (yet to commence).
What is the Our People, Our Place, Our Future program (Phase 1 Engagement) and how does it relate to the MPS?
Council developed the Our People, Our Place, Our Future (OPOPOF) engagement program to capture the views and priorities of the Nillumbik community and subsequently to inform the development of a number of key strategic planning documents in line with legislative and regulatory requirements. This program formed the Stage 1 engagement for these key strategies which included the:
- Community Vision
- Municipal Health and Wellbeing Plan
- Council Plan
- Financial Plan
- Asset Plan
- Municipal Planning Strategy and other strategic documents.
During the first stage of this engagement program, (which ran from 15 February to 28 March 2021), Council asked the community to identify what is important to them in relation to their wellbeing, neighbourhood and surrounds both now and into the future. Council also asked the community what areas Council should focus on in order to support the delivery of these priorities and aspirations.
An engagement findings report was subsequently prepared which presents a summary of the key findings from the first stage of the engagement program for the Our People, Our Place, Our Future initiative. The report provides high-level analysis of feedback received from the community during the consultation period. In summary, while participant responses were wide and varied, what was very strongly reinforced through this engagement was that the community want the Shire to be a place where:
Equity, inclusion and participation is championed.
Mental and physical wellbeing is supported.
Liveability is prioritised.
The environment, including the Green Wedge, is valued, admired and protected.
Actions to mitigate the effects of climate change are undertaken.
Risk and emergency management underpins Council’s practices.
To view the detailed findings and results from the Our People, Our Place, Our Future initiative, please click here.
Subsequent engagement phases have since occurred for the various strategies mentioned above in line with their individual document requirements (mostly in the latter half of 2021).
In relation to the Municipal Planning Strategy (MPS), the preparation of the MPS has taken regard to the key objectives within the key strategies/plans, but particularly the Nillumbik Community Vision as the like the Community Vision, the MPS is a ‘future-looking’ document that addresses issues over a longer timescale.
In addition to the Our People, Our Place, Our Future consultation, Council has undertaken work and subsequently adopted a Climate Action Plan which will guide Council’s response to the challenges posed by climate change over the next decade and outlines a twofold approach, involving mitigation and adaptation. The results of this surveys that were conducted for this initiative along with the focus areas and objectives outlined in the adopted plan itself have also informed the preparation of the MPS. Click here to view details of Council’s Climate Action Plan.
What were the outcomes of Phase 2 engagement and how has this has been integrated into the drafting of the MPS?
Following on from the Our People, Our Place, Our Future engagement program, Council conducted a more specific engagement program for the Municipal Planning Strategy (MPS) through the months of August, September and October 2021 (known as Phase 2).
During the Phase 2 engagement stage, officers consulted on the existing MPS and eleven (11) broad planning themes that influence the MPS, of which were identified from a variety of sources including:
- Current state and regional planning policy (to ensure alignment);
- The existing Municipal Planning Strategy (to maintain support for existing local policy context);
- Our People, Our Place, Our Future survey outcomes;
- Climate Action Plan (survey) community engagement outcomes;
- Draft Community Vision – Nillumbik 2040;
- Draft Council Plan; and
- Draft Health & Wellbeing Plan.
The 11 themes identified were:
- Activity Centres
- Green Wedge
- Natural Environment
- Built Environment
- Economic Development
- Open Space
- 10. Climate Change
- 11. Heritage, Arts and Culture
Council officers during this engagement stage conducted four virtual community workshops, created an online survey via Participate Nillumbik, attended seven advisory committee meetings (including the Wurundjeri Cultural Committee), conducted nine internal team workshops, conducted two Youth Council workshops and two Councillor workshops. For the four community workshops, a total of 88 people registered to attend the virtual community workshops and 50 people attended (excluding staff, facilitators and Councillors). In addition to this, a total of 458 submissions were received, with 424 survey responses to themes to the MPS through Participate Nillumbik and 34 written submissions. Submitters to Phase 2 were invited to speak at the 8 February & 8 March 2022 Planning & Consultation Committee Meeting (PCC).
Discussions during this engagement stage explored whether these broad planning themes within the MPS may still be relevant, of importance, or out-of-date. Further to this, this engagement stage also identified whether certain themes that do not feature in the current MPS should be added to the updated strategy. The Phase 2 Engagement – Collated Survey Responses & Written Submission Feedback document provides an extensive list of key sentiments that were identified across the eleven themes. The following are the key sentiments that the MPS can have regard to:
a. The importance of the urban tree canopy and the subsequent impacts of development;
b. The importance of protecting Nillumbik’s unique neighbourhood character;
c. Focus on connectivity including walkability, accessibility, active transport and improved accessibility to Major Activity Centres;
d. Protection of the current Urban Growth Boundary;
e. The importance of conserving and protecting biodiversity and the natural environment with a particular emphasis on the importance on recognising the significance of wildlife corridors;
f. Ongoing management of fire risk;
g. Living more sustainably and implementing Environmental Sustainable Design (ESD) outcomes into the built environment; and
h. Protecting Nillumbik’s heritage buildings, places and culture.
However, it should be noted that some elements of feedback received from the Phase 2 engagement cannot be incorporated into consideration of drafting of the new MPS. These are predominantly due to the fact:
- they are not within the mandate of land use and development (e.g. encourage more sustainable practices at home and private vehicle use);
- they are too specific for the MPS where it sets ‘higher order’ principles rather than detailed outcomes (e.g. more dog friendly spaces); or
- they are seeking a specific land use outcome for personal gain which is not the mandate of the MPS, which is about ‘net community benefit’ – some of the written submissions fell into this area.
The Phase 3 engagement stage on the draft Municipal Planning Strategy (MPS) opened for community and stakeholder feedback between Monday 6 June 2022 - Sunday 17 July 2022 (6-week period). Feedback to the draft MPS (Phase 3 engagement) has now closed. We would like to thank those who shared their written feedback to the Phase 3 engagement stage on the draft MPS as well as those who also shared their thoughts and opinions and contributed feedback to the existing MPS and the MPS themes during the Phase 2 engagement stage.
The purpose of the Phase 3 engagement stage was to obtain insight on the draft MPS and whether the draft had accurately reflected and incorporated the feedback received to the existing MPS and the broad planning themes that influence the MPS during the Phase 2 engagement stage. Specifically, Phase 3 involved more targeted engagement and looked at the specific clauses (written ordinances) and mapping of the MPS.
It should be noted that all submissions and feedback (including community, Councillor and officer feedback) received during the Phase 2 engagement were considered in the preparation and drafting of the new MPS where appropriate and relevant. Please refer to the Phase 2 Engagement – Collated Survey Responses & Written Submission Feedback document to see how specific comments had been incorporated into the draft MPS and the reasoning for the respective decision.
Generally, many of the themes and matters addressed in the current MPS have been brought across into the new draft as they are still relevant, support current planning and development themes unique to the Shire and/or support existing local policy context located within the planning scheme.
The word count in the draft MPS sits at 4945 words, which is within the word limit for the MPS (max 5000 words). Specifically, Clause 02.01 – Context has 404 words, Clause 02.02 - Vision has 193 words and Clause 02.03 – Strategic Directions has 4348 words. The draft MPS continues to be structured in a manner that meets the drafting requirements of Department of Environment, Land Water and Planning (DELWP) including A Practitioners Guide to Victorian Planning Schemes, Planning Practice Note 04; and Ministerial Direction: The Form and Content of Planning Schemes.
The community and stakeholders will have another opportunity to provide feedback to the final version of the MPS during the exhibition stage of the planning scheme amendment process. Please refer to the next step in the drop down below for further details about this process.
Upon collation of the survey responses and submissions received to Phase 3 engagement, a report will be presented to Council’s Planning and Consultation Committee, which will consider the responses to this round of engagement and any verbal submissions from interested stakeholders. Council officers will then consider all submissions received during Phase 3 and make relevant changes to the draft MPS.
A final draft version of the MPS will then be presented to Council where officers will seek adoption the final draft of the MPS as well as seek Council’s approval to seek authorisation from the Minister for Planning to prepare and exhibit a planning scheme amendment to the Nillumbik Planning Scheme to insert the updated MPS (Phase 4). This process will then involve another formal round of consultation whereby the final draft of the MPS will be exhibited to the community and stakeholders pursuant to the notification requirements of the Planning & Environment Act 1987 and have a final opportunity to provide comment.