88A Wedge Street Kyneton and 90 Wedge Street Kyneton

Council has endorsed the final version of the Development Plan DP/2022/3 for 88A Wedge Street Kyneton and 90 Wedge Street Kyneton in accordance with VCAT’s order dated 9 January 2025.

Read VCAT’s order

View the Wedge Street Kyneton Layout Plans(PDF, 7MB)

View the endorsed Development Plan(PDF, 389MB)  (including all appendices). Note the document is very large and contains many pages.

Council will not be providing further updates regarding the Development Plan as the matter is now considered finalised.

A permit may be lodged in the future for subdivision of the land but it must be generally in accordance with the approved Development Plan DP/2022/3.

Clause 43.04-3 of the Macedon Ranges Planning Scheme outlines that if a development plan has been prepared to the satisfaction of the responsible authority, an application under any provision of this planning scheme is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act.

This means third parties will not be directly notified or be able to object or appeal a decision regarding a subdivision application.

VCAT has now decided on the planning application DP/2022/3 – 88a Wedge Street, Kyneton – approval of a development plan.

The hearing was held on 6 and 7 August 2024.

VCAT has decided to approve the development plan, subject to thirteen changes, namely:

• Include a list of documents that make up the development plan, including revision numbers and dates.
• Retain more existing trees, especially near the eastern boundary and around 88 Wedge Street.
• Include a mechanism to ensure at least two canopy trees are planted on each lot, including one in the front garden.
• Lot 1 should have greater setbacks and a rear canopy tree.
• Lots 3 and 4 should have greater upper-level rear setbacks and canopy trees.
• Either reduce Lots 7, 8, and 9 from three to two lots or create larger setbacks and retain some existing trees.
• Review building envelopes to address changes above and minimise these to 60% of the lot area.
• Remove indicative park furniture and paths which can be resolved later.
• Require a new 1.8m high timber fence with a permeable base along the western boundary.
• Incorporate the indicative cut and fill plan and earthworks plan prepared by Tomkinson.
• Incorporate the potential floor plan for Lot 18 prepared by Tomkinson.
• Add a notation for unmade road designs to satisfy the responsible authority.
• Incorporate the “Concept: One Lane Bridge” plan by Tomkinson, with a requirement for work to be completed before issuing a statement of compliance unless agreed otherwise by the responsible authority.

These changes are required to be undertaken prior to Council’s approval of the document. Council will look to work with the applicant to finalise the development plan in the coming months.

View VCAT’s decision and reasoning  

There will be no further appeal to VCAT’s decision and a final update will be published on this page once the development plan has been endorsed by Council.

Following on from Council’s last update, VCAT’s review of Council’s decision occurred on the 6 and 7 August 2024. Council will provide a final update once a decision is made by VCAT. 

Following Council’s refusal of the Wedge Street Development Plan (DP/2022/3) at the 6 December 2023 Planning Delegated Committee, the applicant has applied to VCAT to review Council’s decision.

Council is now preparing for the hearing and has obtained a representative to prepare the submission on Council’s behalf. The case has been given the VCAT reference number P1596/2023.

The hearing is scheduled to take place on 18 and 19 March 2024 via an online platform.

Under the Development Plan Overlay, residents do not automatically have the right to appeal to VCAT regarding an application for approval of a Development Plan or be part of the VCAT review process.

An affected person can apply to be joined to a proceeding under section 60 of the Victorian Civil and Administrative Tribunal Act 1998. In deciding whether to join a person to the proceeding, VCAT will have regard to provisions in the planning scheme that exclude participation by third parties and also the nature of the proceeding itself.

The decision to join an appeal is made by VCAT. For more information, contact VCAT.

Thank you to everyone for their contributions to the Wedge Street (Kyneton) Development Plan process.

We will provide updates with any additional information when it becomes available.

Council heard the submitters at the Planning Delegated Committee Meeting held on 12 July 2023 regarding the Development Plan application DP/2022/3 – 88A Wedge Street, Kyneton and 90 Wedge Street which seeks the approval of a Development Plan for the Wedge & Ebden Streets, Kyneton - Former Industrial Zone Area, Development Plan Overlay Schedule 17 (DPO17) for the land at 83 Powlett Street, and 88A and 90 Wedge Street, Kyneton. There is no requirement for DPO17 to be publicly advertised but for consistency the application was advertised on the 2 June 2023. Adjoining and surrounding landholders and occupiers were informed of the application.

Thirty (30) submissions were received and heard. View redacted submissions here(PDF, 9MB)

A decision will be made on the application at a future Planning Delegated Committee.