October 2015 On 4 September 2015, the State Government, without warning, imposed interim planning controls relating to density and setback that significantly affects property development in the central CBD and Southbank (CBD). The amendments introduce mandatory built form controls by making, inter alia, the following key changes to the Planning Scheme: The maximum site plot ratio (ie. ratio of a building’s gross floor area to the size of the land) is not to exceed 24:1; The maximum plot ratio for blocks should generally not exceed 12:1; Discretionary height controls are now mandatory height controls; and Towers above podiums must be set back a minimum of five metres to the street. These changes have been introduced on an interim basis for 12 months to allow sufficient time for permanent built form controls to be developed and subsequently introduced through the normal planning scheme amendment process. Comparisons from around the globe Although the recent announcement has caught many developers by surprise, the density and height restrictions remain generous compared to other developed cities around the globe such as Hong Kong and New York. The below diagram shows the plot size restrictions in Melbourne compared to other major cities. These changes are likely to impact on investor confidence both in a national and global context given the lack of consultation and notice, which has flow on effects for future employment, property investment and housing availability. Vision Apartments Address: 504 Elizabeth Street Development: This 67-storey Vision Apartment complex located at 504 Elizabeth Street will rise to 226 metres Plot ratio: 47:1 Source: Architects welcome Melbourne's interim planning, Architecture and Design and Planning controls overhauled to protect Melbourne's Liveability, The Fifth Estate Unrestricted density and height restrictions Prior to the Amendment, Melbourne had effectively no density limits in place to restrict developments such as Vision Apartments and Tower Melbourne. Potential impact The Minister has advised that the interim measures were introduced to ensure that well-designed housing developments are created within the CBD area, that won’t result in overcrowding and prevent the city from providing crucial infrastructure to its residents. The planning controls do not apply to existing permits or applications submitted prior to 5 September 2015. They were brought to bear without notice to prevent a rush of applications in order to thwart compliance with the interim controls. However, these policies do not come without the potential for: A reduction of yields on developments that have risen as high as 65:1 in recent years; The likely impact on investor confidence both in a national and global context given the lack of consultation and notice, which has flow on effects for future employment, property investment and housing availability; and The likelihood of distorting the marketplace resulting in a centralisation of developments outside the CBD areas as developers attempt to circumvent the height restrictions. Implications on the 2016 land tax assessment for landowners. Outlook The Amendment provides authority for the Minister to accept development proposals in excess of the 24:1 plot size restrictions. These cases are considered on a case by case basis provided that the developer offers something back to the city in terms of amenities, such as parkland. Further, these interim measures will only take effect for 12 months, whilst the Planning Department undertakes a broad consultation process to assess the implementation of a permanent control. Recent public commentary suggests the housing market is showing early signs of cooling and there is a risk of oversupply in the residential apartment market impacted by slowing foreign investor and domestic demand. The Victorian Government’s recent announcement throws a wildcard into the mix for owners and developers expecting that the strong run of successful high density apartment developments will continue unabated. The possibility of a reality check for the market is now in play. Tower Melbourne Address: 150 Queens Street Development: This 71-storey Tower Melbourne Complex at 150 Queens Street will rise to 226 metres Plot ratio: 65:1 Samantha Taylor Executive Director Ferrier Hodgson +61 3 9604 5124 Peter Sagar Executive Director Azurium +61 3 9604 5171 Kate Adams Director, Valuations Azurium +61 3 9604 5155 Brian Sands Property Specialist Azurium +61 3 9604 5600 Henry Lieu Manager Ferrier Hodgson +61 3 9604 5166 Aaron Fisher Senior Analyst Azurium +61 3 9604 5173 Ferrier Hodgson’s property specialists regularly send a Property Postcard detailing the latest news and trends in the property sector. If you have any comments or suggestions, please contact Samantha Taylor directly at [email protected]. If you know of others you think would be interested to receive the Property Postcard, please send us their details. If you would like to change your subscription details click here and select "Want to know More?". If you wish to see previous editions of the Property Postcard click here. For more information about our se rv ice s, ple ase contact one of our office s. Or find out more at: www.fe rrie rhodgson.com: Sydne y: Steve Sherman +61 2 9286 9905 [email protected] Ade laide : Martin Lewis +61 8 8100 7657 [email protected] Pe rth: Martin Jones +61 8 9214 1405 [email protected] M e lbourne : Peter McCluskey +61 3 9604 5109 [email protected] Brisbane : Will Colwell +61 7 3834 9205 [email protected] Singapore : Tim Reid +65 6416 1400 [email protected] M alaysia: Andrew Heng +60 3 2297 1150 [email protected]
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