A group of Hawthorn locals are protesting new developments on their street and say they're among the first to be impacted by the Victorian government's new planning laws.
The state government’s Mid-Rise Code, which applies to apartment buildings between four and six storeys, means local councils must approve housing applications within residential growth zones – and neighbours have no right to appeal.
What are the rules? The state government’s Mid-Rise Code came into effect in April, bringing in new planning controls for apartment buildings between four and six storeys.
The new rules mean local councils are unable to consider their own residential and local policies under applications within residential growth zones.
Essentially, as long as the majority of government-imposed standards are met or are “deemed to comply”, councils are required to green-light a project.
While councils are required to notify neighbours about a proposal, if all of the applicable standards are met, the right for an appeal at VCAT is removed.
Focus on growth: The new rules aim to deliver housing growth in established neighbourhoods close to public transport, local services, community facilities and employment hubs.
The new rules will work alongside the train and tram zone activity plans for 60 zones around Melbourne, including in eastern suburbs like Hawthorn, Blackburn and Nunawading – which outline upper limits for housing towers up to 20 storeys.
Announcing the change in March, then-Victorian Premier Jacinta Allen said the new rules would allow mid-rise projects to be built in the high-density areas most in need of well-designed housing.
🗣️ “Mid-rise projects shouldn’t be stuck in the system – they should be getting built,” she said. “The Mid-Rise Code is how we deliver more homes, faster, in the places people want to live.”
A local example: In Hawthorn, a group of locals is protesting against two proposed six-storey apartment buildings on Wattle Road.
One building would include 35 dwellings and two levels of basement car parking spaces, while another proposes 55 apartments and three levels of underground spaces.
The head of Wattle Road Residents Group, Michael Angwin, said he and other residents wanted the government to abolish the deemed to comply rules, so that locals can push back against developments like these.
🗣️ “We're not opposed to high-density housing, but we think that two six-storey apartment buildings … would be unsustainable and unliveable,” he told the Eastern Melburnian. “When you can't debate the issues in the council chamber, local voices are not heard.”
Opposition responds: Hawthorn Liberal MP John Pesutto said he attended a recent protest, arguing the Wattle Road precinct was not a suitable area for six-storey developments.
During the protest, Pesutto said an elected Coalition would review planning rules to give residents back their rights to appeal, echoing party leader Jess Wilson’s own stance.
🗣️ “The government’s deemed to comply regime denies communities the genuine ability to have their say,” he told the Eastern Melburnian. “[A Coalition government] will restore public voices in the planning process.”
Left: Independent candidate for Hawthorn Shima Ibuki and Federal Kooyong MP Dr Monique Ryan attended a recent protest on Wattle Road. Centre: Hawthorn Liberal MP also attended the event. Right: Greens candidate for Hawthorn Kylie Rocha.
What others said: Federal Kooyong MP Dr Monique Ryan said any housing in the area “must be well designed and supported by appropriate infrastructure”.
🗣️ “The Victorian Government’s planning framework doesn't adequately consider the cumulative impact of multiple higher-density developments in one neighbourhood or provide communities with sufficient opportunities for consultation,” she told the Eastern Melburnian. “I'll continue to advocate for more housing to be delivered in a way that respects local amenity and gives residents confidence that their concerns are being heard.”
Independent candidate for Hawthorn and Boroondara deputy mayor Shima Ibuki said while she supports building more housing and making the planning process more efficient, it should not be at the expense of the rights of neighbours.
🗣️ “Residents are being asked to accept significantly more density while progressively losing their ability to have a say about what happens in their neighbourhoods,” she told the Eastern Melburnian. “If elected, I will push for a planning system that delivers more homes without treating community participation as the problem.”
Greens candidate for Hawthorn Kylie Rocha said any efforts to build more homes needs to be done with community impacts in mind.
“The Greens want to see genuine community involvement in the planning of housing developments so that we can build great neighbourhoods, while building much-needed housing that will support generations to come,” she told the Eastern Melburnian.
The Eastern Melburnian contacted the Labor and Socialists candidates for Hawthorn and will update the article with their responses.