Planning powers removed along with local voices

Published on 04 April 2025

There are new state planning rules that have come into place that affect Mansfield Shire and Council’s ability to make sure new developments comply with our existing and preferred future neighbourhood character.

On Monday 31 March, a planning scheme amendment was gazetted and put in place after being announced in late February with no exhibition period.

Planning applications that meet the new standards will automatically be ‘deemed to comply’ and pushed through for approval without communities or councils having any say.

Clause 55, known as ‘Rescode,’ allows for three story buildings up to 11 metres high if they comply with the standards outlined in the code. There are no appeal rights and councils must approve a planning permit without ‘considering any other matter or decision guideline’ if the permit application does meet all the standards.

The changes also remove the ability of local councils to vary the standards to meet any preferred neighbourhood character. For example, the ability of a council to apply requirements for landscaping or building setbacks (how far the building is from the front of the property line), has been removed. All developments will now be required to comply only with the state-wide standards, which also apply across metropolitan Melbourne, growth areas, regional cities and rural towns.

Mayor Cr Steve Rabie said Council was gutted by the changes.

“The removal of the planning power of local government has taken yet another hit this week,” he said.

“When you remove local government powers, you mute the voices of local communities. We have worked so hard at Council to make sure we have a strong planning scheme that meets the needs of our community. We have been asking, we have been listening and we have acted firmly in our planning controls to make sure Mansfield Shire retains the beauty and amenity that we all love.

“The new rules take away the ability for councils to make decisions in the best interest of our communities.

“The standards here encourage ‘codification,’ which means we have lost our control to stop cookie cutter developments and to protect our rural character.

“This is yet another example of Spring Street making changes that suit metro and trying to apply them here.

“We just want to keep it country.

“Local governments are the only level of government that should decide what a community’s character should look and feel like from a planning perspective,” said the Mayor.

For more information about Council’s planning services, contact Council.