Green Wedges

What are green wedges?

Under the Planning and Environment Act 1987, green wedge land refers to non-urban areas in metropolitan Melbourne that are located outside the urban growth boundary. 

Green wedge land refers to large non-urban areas of green space, that are intentionally preserved surrounding urban environments. These areas act as a buffer between urban development and the natural landscape, promoting biodiversity, enhancing air quality, supporting agricultural industries and providing recreational opportunities.  

Green wedges have been a feature of metropolitan planning in Melbourne since the 1960s.  

Melbourne has 12 green wedges across 17 local government areas. Around one-third of Melbourne's green wedges are public land, including national parks, parks and reserves and water catchments. 

Why do we need green wedges?

Green wedges play a crucial role in reducing urban spread, promoting sustainable land use, accommodating agriculture that supports our growth population and preserving ecological balance within a region. They are vital to urban planning, ensuring cities remain liveable, healthy, and connected to nature. 

Protecting Melbourne's green wedges is essential to ensure that farms on the urban edges can continue to operate for current and future communities. Some of Victoria's most productive agricultural land is located within 100 km of central Melbourne, and as the climate changes, this land's value for food production becomes increasingly important. 

Melbourne's green wedges and surrounding farmland are vital for the economy, providing thousands of jobs in agriculture, conservation, and tourism. They support activities like food production and agritourism, including wineries. These areas also contain important infrastructure, such as water treatment plants and raw materials needed for construction. 

Pressures on green wedges

Although they are set aside as non-urban land through the Planning Scheme, green wedges can be subjected to intense pressures from recreation, tourism and infrastructure. A proactive approach is needed to ensure that these pressures are managed properly to ensure that the scenic and natural qualities of Melbourne’s green wedges are not eroded over time.  

Green wedges in Cardinia Shire

Cardinia Shire land falls into 3 green wedges: 

• Westernport 
• Southern Ranges 
• Yarra Valley and Yarra and Dandenong Ranges 

A number of townships are within the green wedge, including Emerald, Cockatoo, Gembrook, Bunyip, Tynong, Garfield, Cardinia, Nar Nar Goon, Lang Lang and Koo Wee Rup. 

Planning controls in green wedge areas

Our green wedge land is in zones, including the Green Wedge Zone, Rural Conservation Zone and the Special Use Zone. 

These zones control the way land can be used in these areas. 

Green Wedge Zones

Green Wedge Zone (GWZ)  

The purpose of this zone is to recognise and protect non-urban land outside the UGB in the Melbourne metropolitan area for its agricultural, environmental, historic, landscape or recreational values, or mineral and stone resources. The zone provides a minimum lot size of 40 hectares unless an alternative is specified in a schedule to the zone. The creation of smaller lots is allowed under particular circumstances.  

Green Wedge a Zone (GWAZ)  

This zone provides opportunity for most agricultural uses and limits non-rural uses to those that support agriculture or tourism provided that the amenity of residential living is protected. It seeks to protect and enhance the biodiversity, natural resources, scenic landscapes and heritage values and to promote sustainable land management. It also provides opportunity for limited residential development subject to a permit. The zone provides a minimum lot size of 8 hectares unless an alternative is specified in a schedule to the zone. The creation of smaller lots is allowed under particular circumstances. 

Rural Conservation Zone 

This zone is designed to protect and enhance the natural environment for its historic, archaeological, scientific, landscape, faunal habitat and cultural values. Agriculture is allowed, provided it is consistent with the environmental and landscapes values of the area. This zone could also be applied to rural areas degraded by environmental factors such as salinity or erosion. A schedule requires specific conservation values to be stipulated. The zone provides a minimum lot size of 40 hectares unless an alternative is specified in a schedule to the zone. The creation of smaller lots is allowed under particular circumstances. 

Special Use Zone 

This zone provides for the use of land for specific purposes, in this case horticultural preservation. The purpose of this zone is as follows: 

• To preserve land of high agricultural quality for horticulture and other farming activities.  
• To discourage non-agricultural and non-soil based uses establishing on soil of high agricultural value. 
• To protect the area from the encroachment of urban and rural residential type development. 
• To minimise the potential for conflict between residents and normal farming practices that are related to the conduct of agricultural activities.  
• To encourage sustainable farming activities based on whole farm and catchment planning principles on an individual and community basis. 

New dwellings in the green wedge

Decisions of council and VCAT have affirmed key principles that apply to the consideration of planning applications for new dwellings in the green wedge. These include:  

• Planning policy directs new housing and rural residential uses to townships 
• The planning scheme requires that greater weight be placed on the long-term community benefits of protecting green wedge land for its primary purpose.  
• There are considerable disbenefits of approving new dwellings in the green wedge including: 

1. Entrenching residential or rural residential uses 
2. Impact of land values 
3. Loss of agricultural land 
4. Loss of vegetation 
5. Impact on landscape and environmental values 
6. Impact of residential living on surrounding agricultural activities “right to farm”  
7. Managing bushfire and flooding risks 

• Dwellings should only be considered if they clearly demonstrate that they are necessary to support or enhance commercial agricultural production and/or the primary purpose of the zone. 
• It is acknowledged that there are examples of dwellings on smaller lots in the green wedge across the municipality (and state) that are not supporting an agricultural activity. Reference to these historic examples that do not comply with the current policy direction are not the overriding lens though which current planning decisions are made.

Can I build a new dwelling in a green wedge zone?

Proposals for new dwellings in the green wedge are often found to be determined as inconsistent with green wedge values, sought to be protected by state and local policies in the Cardinia Planning Scheme. 

The planning scheme explicitly directs the location of housing to existing townships and settlements zoned for such purposes in preference to the use of agricultural land for dwellings. 

The Victorian Civil and Administrative Tribunal (VCAT) has consistently held that the long term, sustainable and orderly planning of the green wedge should be given greater weight than the shorter-term aspiration of individual landowners. 

How can I find out if a property is located in the green wedge?

To find out if a property is located in the green wedge, you can: 

• Reach out to council’s planning department. They can provide you with information about property zoning and whether it falls within the green wedge. 
• Speak with a conveyancer, solicitor, or property professional to find out more about the property zoning and land use. 
• Search for a planning property report on the state government planning portal. 

Visit the State Government Planning Portal

I’m thinking about buying property in a green wedge area, what should I do?

If you're considering purchasing property in a green wedge area, here are some steps you should take:  

• Contact the council: Reach out to council and request a pre-application meeting with a planner. This meeting can provide you with valuable written advice regarding your intended purchase. https://www.cardinia.vic.gov.au/info/93/planning/1072/pre-application_service  
• Consult a Planning Professional: Consider speaking with a planning expert who specialises in green wedge property. They can offer tailored insights and guidance on the specific regulations and opportunities within the area.  

Taking these steps will help you make a well-informed decision regarding your potential property investment. 

Recent decisions regarding green wedge applications in Cardinia Shire

The following commentary from VCAT regarding recent decisions in Cardinia Shire are presented below to provide further explanatory information about green wedge decision making.  
 

Muley Investments Pty Ltd v Cardinia SC [2023] VCAT 1268 

This decision concerned appeal of Council’s Refusal to Grant a Permit for ‘Use and development of land for a contractors depot’ at 205 Seven Mile Road, Nar Nar Goon within an area of ‘good’ agricultural significance. Member Gaschk commented that: 

‘66. I have also not been persuaded that the loss of some 2.0ha of ‘good’ agricultural land is justified or necessary on this land to provide for the large scale non-agricultural land use as proposed. This is particularly so given the context and physical agricultural character of surrounding land. 

67. I also agree with council that any loss of ‘good’ agricultural land in this location, must be considered and assessed in the context of ‘cumulative impacts’ that may arise on surrounding GWZ1 land. It is this potential incremental ‘urban’ creep of non-agricultural land uses into the Green Wedge areas that the GWZ1 purposes and associated policy seek to avoid.’ 

Kenny v Cardinia SC [2024] VCAT 415 

In Kenny, the permit applicant sought review of Council’s Failure to Grant a Permit for ‘Use and development of land for a dwelling’, within the Green Wedge Zone and LSIO – in 275 Dalu Road, Nar Nar Goon. 

Member Harty outlined several useful considerations for applications seeking to use and develop Green Wedge land for a dwelling. As outlined below: 

‘44. I also find that policy support for residential use and development of land in the Green Wedge and in these areas of good agricultural significance is either silent or at best, tempered. 

45. The purposes of the GWZ1 do not extend to encouraging the use and development of land for a dwelling, or for rural residential or rural living purposes.’ 

Marson v Cardinia SC [2024] VCAT 639 

In Marson, the permit applicant sought review of Council’s Refusal to Grant a Permit for the ‘Use and development of land for a Dwelling’, within the Special Use Zone – Schedule 1; land designated for horticultural production, 550 Scanlons Drain Road, Catani. 

The use and development of the land for a dwelling was proposed, stated to be in support of ‘Grazing Animal Production’ comprising approximately 30 animals. The permit applicant sought a dwelling on the land largely for convenience and rural residential purposes. 

In affirming Council’s decision to Refusal to Grant a Permit, the Tribunal stated: 

‘79. To the extent that use of the land for a dwelling on the subject land will allow a greater presence on the subject land and better oversight of existing farming activities on the subject land and the applicants’ other two separate land holdings to the north: 

· we are not persuaded that a dwelling is reasonably required for the operation of the rural activity being conducted on the subject land [– a decision guideline of SUZ1]. These existing activities involve cattle grazing and the production of hay and silage. While we accept that these are genuine agricultural activities, we find that they do not warrant a continuous on-site presence for their successful conduct; 

‘90. While we accept that the applicants have a genuine desire to live on the land they have farmed for many years, a dwelling use would result in a permanent change of land use and inevitably inflate the market value of the subject land. Economic benefits to the applicants upon sale of the land come with a broader long term economic disbenefit. For future purchasers of land seeking high quality soils of the kind found in this area, permitting a dwelling would diminish rather than enhance the ability to sustain genuine and economically viable agricultural pursuits, particularly for horticultural purposes. Its utility for rural lifestyle type purposes would in turn become a more attractive proposition than a lot without a dwelling.’