Amendment C235mbek Update Public Open Space Contribution Rate

Project progress
  1. AuthorisationAuthorisation
  2. ExhibitionExhibition
  3. Consider public submissionsConsider public submissions
  4. Panel hearingPanel hearing
  5. Re-exhibitionRe-exhibition
  6. Panel reportPanel report
  7. Council decisionCouncil decision
  8. Submit to MinisterSubmit to Minister
  9. Final decisionFinal decision

UPDATE August 2026

Council has received the Planning Panels Victoria interim panel report for Amendment C235mbek. In response to the interim report, Amendment C235mbek is being re-exhibited.

The amendment and the proposed rate are not changing. The re-exhibition gives the opportunity for the public to view additional supporting evidence for the proposed Public Open Space Contribution rate. These documents are:

See The Exhibited Amendment and Exhibition and Submissions below for more information.

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 is subdivided. 

Background

In 2025 Council introduced its new Open Space Strategy into the Merri-bek Planning Scheme. This Strategy identifies 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. 

The amendment was initially exhibited in 2025 and went before an independent Planning Panel in early 2026. Following receipt of an interim panel report, Council is re-exhibiting the amendment. See below for more detail.

The Re-Exhibited Amendment 

Find out more about the Amendment

  • 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 2027. The final timing to complete the process is currently unknown. An initial estimate is mid-2027. 

  • Landowners doing subdivisions will only be affected when the C235mbek amendment is completed, approved and included in the Planning Scheme. Then, unless exempt from paying a public open space contribution or already paid, subdivision applications will be subject to the new levy rate.

    It is anticipated that the amendment process will run into 2027. The final timing to complete the process is currently unknown. 

  • Council's Open Space Strategy was prepared to guide 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 the separate, now completed, Amendment C231mbek. The Merri-bek Planning Scheme has now been updated to reference the Strategy and its Technical Report.  

    Experts then prepared a Technical Report to recommend a new public open space levy rate for the city.  This report is a C235mbek background document that summarises the evidence and analysis for calculating the new rate. This document is known as:

    Open Space Contributions Schedule (HillPDA, 2025) (PDF 1Mb)

    The analysis needed to apportion the Council's future open space investments, so only part of this investment is allocated to future development. The apportionment results are shown in the above HillPDA report. A description of the method used to do the apportionment is in a separate background document, known as:

    Open Space Apportionment Methodology (Mesh, 2025)  (PDF 4Mb) 

  • The existing levy rates in the Planning Scheme were prepared many years ago and were associated with a previous Open Space Strategy that has since 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 Council reports and supporting documents section on this webpage.

  • Several comparable 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:

    Open Space Contributions Schedule (HillPDA, 2025). (PDF 1Mb)

  • The existing levy rates in the Planning Scheme will continue to be used until a new levy rate is introduced in the Planning Scheme. 

  • 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:

    • Amendment C235mbek 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.
    • In this instance, Council has decided to re-exhibit the amendment following the Planning Panel to make more supporting information publicly available. Unresolved submissions will again be referred to the Panel.
    • After considering any referred submissions, the Panel provides its recommendations. Then, Council decides what to do with its proposal.
    • If the final C235mbek amendment is adopted by the Council, it is then submitted to the Victorian Government.
    • Only after C235mbek is approved by the Victorian Government can it be included in the Planning Scheme.

    The final timing to complete this process is currently unknown. It is anticipated the C235mbek amendment process will run into 2027. 

  • Amendment C231mbek was for the Open Space Strategy and established the strategic context, within the Merri-bek Planning Scheme, for progressing Amendment C235mbek. It did 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 Background Documents for the Strategy and its Technical Report to be referenced in the Planning Scheme.

    The Open Space Strategy's Technical 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.

    More information about Amendment C231mbek is on a separate webpage.

Directions and Panel Hearing

Planning Panels Victoria held a Directions Hearing by video conference on Friday 30 January, 2026. A Panel Hearing was held on 23 February, 2026.

Following the hearing, Planning Panels Victoria issued an Interim Panel Report, which can be downloaded here: C235mbek Interim Panel Report (PDF 1Mb)

The interim report found that the methodology behind the amendment is sound and underpinned by significant strategic work and population forecasts. However, the Panel recommended that Council make additional supporting material publicly available.

Council has now addressed the Panel’s concerns and is re-exhibiting the amendment with this supplementary information. The proposed public open space contribution rate has not changed from the previously exhibited amendment.

Council's Part A Submission for the Panel Hearing can be viewed below:
Part A - Submission (PDF 417Kb)

More information about Planning Panels is available from the following website: About Planning Panels Victoria

If you have questions about the Planning Panel, contact Planning Panels Victoria on (03) 5381 9457 or planning.panels@transport.vic.gov.au.

Exhibition and Submissions

Re-exhibition

Amendment C235mbek is being re-exhibited in October 2026. Council will consider any submissions received during this time.

Initial Exhibition

Amendment C235mbek was initially publicly exhibited from Thursday, 4 September to Monday, 13 October 2025. Thank you to all who made a submission. 

Copies of redacted submissions can be downloaded here: Submissions 1-7 (PDF 2Mb)

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.