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The Public Open Space Plan (POSP) guides how parks, gardens, reserves and playgrounds in Banyule are planned, maintained and improved to meet the needs of everyone in the community.
Research highlights the health benefits of time in nature. As our population grows and we live closer together, access to open space becomes more important as a way of providing different forms of recreation.
A 2023 review found that 22% of the Banyule community don’t have a park or green space nearby. Addressing this is challenging because of population growth, rising land values, limited funding and the impacts of major projects such as the North East Link.
The Public Open Space Levy applies to subdivisions of three or more lots in residential, commercial and industrial zones across Banyule. It does not apply to all ratepayers.
Council already collects a levy from developers for new subdivisions to help improve existing open spaces and create new ones. The current contribution is 5% of land value, but this does not meet the growing needs of the community.
The most effective way to increase and improve the quality of Banyule's open space is through the existing Public Open Space Levy (the Levy) on developers at Clause 53.01 of the Banyule Planning Scheme.
Planning Scheme Amendment C177 (C177bany) proposes to amend the planning scheme to change the Levy on developers from a mandatory 5% contribution to 7.5%.
The submission form is now closed.
Submissions must be made in writing and must include the submitter’s name and contact address, clearly stating the grounds on which the amendment is supported or opposed, and indicating what changes (if any) the submitter proposes.
Please note: Council must make a copy of every submission available at its office for any person to inspect during office hours, free of charge, until the end of two months after the amendment comes into operation or lapses. Submissions will be redacted by Council in accordance with relevant legislation.
We are seeking feedback on the proposed amendment to increase the Public Open Space Levy.
Your submission will:
Important information about this process
This is a statutory planning scheme amendment process.
Some aspects of the proposal are constrained by legislation, technical analysis and the planning scheme amendment process. Community submissions can help Council understand support, concerns and potential impacts of the proposal, however any change to the levy must follow the statutory process and requires approval from the Minister for Planning.
Open space contributions are paid when land is subdivided.
The Subdivision Act 1988 allows councils to set a contribution rate through their planning scheme. If no rate is set, the contribution is assessed on a case-by-case basis using set criteria.
The Banyule Planning Scheme currently requires a contribution of 5% of the land value when a subdivision creates more than one additional lot.
Parks, playgrounds and other open spaces are important for community health, wellbeing and social connection.
As Banyule's population grows, more people will use our open spaces. The current contribution rate may not provide enough funding to meet future needs.
State planning rules allow councils to apply for a higher contribution rate. Council is reviewing the rate to help ensure Banyule has enough high-quality open space for the future.
Open space contributions are paid when land is subdivided.
If your subdivision is completed before Amendment C177bany is approved, the current 5% contribution rate will apply.
If your subdivision is completed after the amendment is approved and creates additional lots, a contribution of 7.5% would apply instead of 5%.
The money will be used to:
Under the Subdivision Act 1988, Council can only use these funds for public open space purposes.
Amendment C177bany proposes to change the Banyule planning scheme to increase the open space contribution rate for subdivisions that create additional lots.
If approved by the Minister for Planning, the current 5% rate would be replaced with a 7.5% contribution rate.
Amendment C177bany will be on public exhibition from 17 September to 22 October 2026.
Anyone can make a submission during this time.
Council will consider all submissions at its meeting on 7 December 2026. If there are unresolved submissions, they will be referred to an independent Planning Panel, which is expected to meet in March 2027.
The Subdivision Act 1988 requires Council to consider several factors, including:
Council's Public Open Space Plan also helps guide decisions by identifying future open space needs and supporting fair access for all residents.
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Banyule City Council is proud to acknowledge the Wurundjeri Woi-wurrung people as traditional custodians of the land and we pay respect to all Aboriginal and Torres Strait Islander Elders, past, present and emerging, who have resided in the area and have been an integral part of the region’s history.
Our community is made up of diverse cultures, beliefs, abilities, bodies, sexualities, ages and genders. We are committed to access, equity, participation and rights for everyone: principles which empower, foster harmony and increase the wellbeing of an inclusive community.
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