Amendment C235mbek update Public Open Space Contribution Rate
Project progress
Introduction
Council is proposing to update the Merri-bek Planning Scheme with a revised public open space contribution (levy) rate. This rate is used to determine development contributions when land subdivision happens.
Background
In 2025 Council introduced its new Open Space Strategy into the Merri-bek Planning Scheme. This Strategy gives new direction for the city’s future public open space needs and is supported by a technical report that describes how these needs will be addressed.
Informed by its new Strategy and its supporting technical report, Council has reviewed the current public open space levy rate in the Planning Scheme. The review revealed the need for a revised rate, enabling land subdividers to contribute appropriately to the city’s evolving public open space needs. Amendment C235mbek is the proposal to facilitate this outcome.
On 1 August 2025, the Victorian Government gave authorisation for Council to proceed with an exhibited amendment that proposes a new city-wide levy rate.
The Exhibited Amendment
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It is a proposal to update the Merri-bek Planning Scheme with a revised public open space levy rate in the Schedule to Clause 53.01. This rate is used to determine public open space contributions.
Unless exempt, public open space contributions are made to the council when land is subdivided. These exemptions are at Clause 53.01-1, have been set by the Victorian Government and are not affected by Amendment C235mbek.
Public open space contributions from land subdividers are used to help fund and enable improvements to Merri-bek's public open space network.
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Proposed Schedule to Clause 53.01. Two ways of showing this proposed change are below:
Changes to the existing levy rates (PDF 338Kb)
- Proposed Schedule to Clause 72.08, Two ways of showing this proposed change are below:
New list of background documents (PDF 76 Kb)
Changes to the existing list of background documents (PDF 77Kb)
- C235mbek Notice of Preparation (PDF 152 Kb)
- Two proposed background documents, known as:
Open Space Contributions Scheme (HillPDA, 2025) (PDF 1.3Mb)
Open Space Apportionment Methodology (Mesh, 2025)
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The following are not part of exhibited Amendment C235mbek documents. They are separate, supporting documents that relate to the Council's associated decision-making (Council reports), or policy and technical work that helped to inform the C235mbek proposal (Other documents).
Council reports
Gateway 1 - Authorise and Exhibit
12 March 2025 Council Report. Item 7.13 (PDF 176Kb)
12 March 2025 Council Minutes. Item 7.13 (PDF 113Kb)
Gateway 2 – Consider submissions
To be advised
Other documents
- Open Space Strategy (Merri-bek, 2025). This document is in two parts for pages:
- Open Space Strategy Technical Report (Mesh, 2025). This document is in four parts for pages:
- Planning for Population Growth (Quantify, 2024) (PDF 5Mb)
- Worker Population Floorspace Forecasts (Quantify, 2024) (PDF 786Kb)
- 2012-2022 Strategy Implementation Review (HillPDA, 2023)*
- Open Space Apportionment Data (Mesh, 2025)*
- Property Rates Data (Merri-bek, 2024)*
* Available upon request and subject to signing a data agreement
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12 February 2025: After finishing exhibition and receiving a Panel Report, Council adopts the final Open Space Strategy and Open Space Strategy Technical Report as part of Amendment C231mbek.
12 May 2025: Gateway 1. Council seeks Minister for Planning authorisation to exhibit Amendment C235mbek for a revised open space contribution rate.
1 August 2025: The Victorian Government authorises C235mbek so it can be exhibited.
7 August 2025: The Victorian Government approved C231mbek so it can be included in the Planning Scheme.
4 September to 13 October 2025: Council exhibits C235mbek.
Nov/Dec 2025 (tentative only): Gateway 2. Council considers C235mbek submissions.
Feb/March 2026 (tentative only): Panel considers referred C235mbek submissions.
Date to be advised: Gateway 3. Council considers Panel recommendations.
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First, read all the information on this webpage. There is a lot of information and answers to commonly asked questions under The Exhibited Amendment and the Find out more drop-down sections on this page. Then, if you have other questions, email us at strategicplanning@merri-bek.vic.gov.au. If emailing us any questions, please include "C235mbek question, not a submission" in your email header.
We appreciate our documents are not always easy to understand, so please contact us if you need assistance. All meetings will be done via teleconference (MS Teams).
The documents on this page are in PDF format. If you have trouble opening or viewing a PDF document, you can get in touch with us using the details on our Contact us page. We can then arrange to provide the information in a format that better suits your needs. More information about our accessibility standards is on our Accessibility page.
If you want to talk to us about Amendment C235mbek, please ring 9240 1111 and ask to speak to David Cox or Rosie Ivers in the Strategic Planning team.
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Your submission must be in writing. The closing date for giving a submission is Monday, 13 October 2025. Submissions received after this date will not be accepted. Give your submission:
By email to:
strategicplanning@merri-bek.vic.gov.au
Or, by mail to:
Strategic Planning Unit
Merri-bek City Council
Locked Bag 10
Brunswick VIC 3056
Emailed submissions should include "Submission to Amendment C235mbek" in the header. Mailed submissions should include this header statement on the envelope and in the letter's title.
Find out more
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The proposed levy rate is 8.68%. This is a city-wide rate.
The proposed levy rate has been prepared to replace the existing levy rates in the Planning Scheme.
The proposed change will only happen after the C235mbek amendment process is completed, approved and included in the Planning Scheme. It is anticipated this process will run into 2026. The final timing to complete the process is currently unknown. An initial estimate is mid-2026.
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Initially, a new Open Space Strategy was prepared to give direction for the city's changing public open space network. The Strategy was supported by a technical report that informed the scope of changing needs for the network's land and infrastructure.
The Strategy and its technical report were part of a separate, completed process for Amendment C231mbek. The Merri-bek Planning Scheme has been updated to reference the Strategy and its technical report.
After using evidence and doing analysis, a C235mbek background document was prepared to recommend a new public open space levy rate for the city. Experts did this work. This document is a technical report that summarises the evidence and analysis for calculating the new rate. This document is known as:
Open Space Contributions Schedule (HillPDA, 2025)
The analysis needed to apportion the Council's future open space investments, so only a portion of this investment is allocated to future development. The apportionment results are shown in the HillPDA report. A description of the method to do the apportionment is in a separate C235mbek background document, known as:
Open Space Apportionment Methodology (Mesh, 2025)
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The existing levy rates in the Planning Scheme were prepared many years ago and were associated with a previous Open Space Strategy that has expired and been replaced.
Council now has a new Open Space Strategy (Merri-bek, 2025), which acknowledges the need for more land and infrastructure for the city's changing open space network. The scope of this investment is described in an accompanying Open Space Strategy, Technical Report (Mesh, 2025).
Merri-bek continues to change. Our open space network needs to meet these evolving needs. The proposed levy rate helps to achieve this.
The Council's new Open Space Strategy and its accompanying Technical Report can be accessed from the list of documents under the What are the relevant Council reports and other documents? question on this webpage.
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Several similar councils within metropolitan Melbourne have completed similar planning scheme amendments for updated public open space levy rates. These include Yarra (8.65%), Glen Eira (8.3%), and Monash (7.61%). Merri-bek's 8.68% proposal is similar to these.
More information about calculating the proposed levy rate and comparisons to other councils is in the C235mbek background document, known as:
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The existing levy rates in the Planning Scheme will continue to be used until a new levy rate is introduced in the Planning Scheme.
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The proposed change only happens after the C235mbek amendment process is completed, approved by the Victorian Government and included in the Planning Scheme. More about the steps in this process is below:
- Initially, the C235mbek amendment is exhibited. This gives an opportunity for people to provide written submissions about the proposal.
- If there are unresolved submissions, Council refers them to an independent Victorian Government appointed Planning Panel.
- After considering any referred submissions (which often involves a hearing), the Panel gives its recommendations. Then, the Council decides what to do with its proposal.
- If a final C235mbek amendment is adopted by the Council, it is then given to the Victorian Government.
- Only after a final C235mbek is approved by the Victorian Government can it be included in the Planning Scheme.
It is anticipated the C235mbek amendment process will run into 2026. The final timing to complete this process is currently unknown. An initial estimate is mid-2026.
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Amendment C231mbek was for the Open Space Strategy and established the strategic context for progressing Amendment C235mbek. Broadly speaking, it does this by:
- Updating Strategic Direction, for public open space to be part of a multi-functional network, and for the Council to use developer contributions to improve this network.
- Updating a Framework Plan to show gap areas where more open space is needed.
- Introducing a Background Document for the Strategy to be referenced in the Planning Scheme.
Amendment C231mbek also includes the Open Space Strategy's Technical Report. This report gives:
- Analysis to inform an improved public open space network for the city.
- A long-term public open space project list to describe improvements to the public open space network.
Privacy and the planning scheme amendment process
Please be aware that we collect information from organisations and individuals during the planning scheme amendment process through submissions made to an Amendment. Submissions may be handwritten, electronic (both written and audio-visual), and often contain images, maps, and plans. Submissions frequently contain personal information, which at times may be sensitive for commercial, health, or other reasons.
Natural justice and transparency are important parts of the Planning Scheme Amendment process. Council must make all submissions to an Amendment available for any person to inspect at its offices for a period of two months after the Amendment is finalised. This is a requirement of the Planning and Environment Act 1987. This includes all personal information such as names, address details, phone numbers email addresses. Your submission may also be emailed or posted to interested parties during the Planning Scheme amendment process.
We use submissions when assessing the Amendment and summaries of your submission are included in any Council report that considers the Amendment following the close of the exhibition. Your submission will also be used and disclosed in the public process of a Panel Hearing if one is required. Any submission forwarded to Planning Panels Victoria will be managed in accordance with their privacy policy.
Publication of submissions on our website
We will make all submissions available to view online on our website during the Planning Scheme Amendment process. All submissions made available online will be redacted to remove personal names, telephone numbers, and address details. Submissions will be removed from the website once the Amendment is finalised.
Use of your personal information
Following the Privacy and Data Protection Act 2014 (VIC) and Health Records Act 2001 (VIC), the personal information submitted by you is being collected by Merri-bek City Council for the submission process. It will not be disclosed to any other external party without your consent, except as a requirement of the Planning and Environment Act 1987 (VIC).
If we provide a copy of your submission to another person, we will include a disclaimer that it is made available for the purpose of the planning scheme amendment process as set out in the Planning and Environment Act 1987, and the information must not be used for any other purpose or distributed to another party or published online.
If you do not provide your name and address Council will not be able to consider your submission.
You can gain access to your personal information you have provided to Merri-bek City Council and if you wish to alter it, please contact Council’s Privacy Officer via telephone on 9240 1111 or email at PrivacyOfficer@merri-bek.vic.gov.au
You can find more information regarding privacy on our Privacy page.