title: Amendment VC309 - Current Victorian Planning Scheme Update council: mitchell state: vic category: amendment classification: MINOR status: approved last_compiled: 2026-05-31 source_docs:
- web-research-L1-current-scheme-vc309-planning-schemes.txt
- web-research-L1-planning-scheme-current-mitchell-2026.txt
- web-research-L1-planning-scheme-current-mitchell-pdf.txt
Amendment VC309 - Current Victorian Planning Scheme Update
Amendment VC309 is best understood as a statewide operational update that has flowed into the Mitchell Planning Scheme, rather than a Mitchell-specific strategic amendment creating new local policy, rezoning land, or introducing a local infrastructure program. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.2) The available scheme extract shows the Mitchell Planning Scheme was last updated by VC309 on 12 May 2026, with the visible VC309 change points appearing at Clause 35.07-1, the Farming Zone table of uses, and Clause 73.03, the land-use terms table. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.2, 380, 1257)
Background
The Mitchell Planning Scheme is the statutory instrument controlling land use and development in Mitchell Shire, and it states that land may be used or developed only in accordance with the scheme. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1242) The scheme began on 26 March 1999, so VC309 operates as one amendment in a long-running statutory instrument rather than as a new planning scheme. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1241)
The current extract records that the planning scheme was last updated by VC309 on 12 May 2026. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.2) The same extract marks Clause 35.07-1 with the date 12 May 2026 and amendment number VC309, indicating that the Farming Zone use table is one confirmed location of the amendment in the current Mitchell scheme. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.380) The extract also marks Clause 73.03 with the date 12 May 2026 and amendment number VC309, indicating that the land-use definitions table is another confirmed location of the amendment. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1257)
Analysis
Statutory Mechanism
VC309 works like changing the dictionary and rule table that the planning scheme uses before decisions are made. In plain terms, the amendment adjusts what certain uses are called, where they sit in the scheme’s hierarchy of land-use terms, and how some uses are treated in the Farming Zone. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380, 1257)
This matters because planning decisions depend on classification before assessment. A proposal must first be placed into a land-use term, and Clause 73.03 states that a term used in the scheme has the meaning set out in the table, while unlisted activities must not be treated as separate uses if they are obviously or commonly included within listed terms. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1257) The practical effect is that the definitions table controls the first gate in many permit assessments: what the use is. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1257)
The Farming Zone change matters because Clause 35.07 is a zone with three permission pathways: Section 1 uses do not require a permit if conditions are met, Section 2 uses require a permit, and Section 3 uses are prohibited. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380-385) VC309 therefore affects assessment pathways in rural parts of Mitchell Shire where land is zoned Farming Zone. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380-385)
Farming Zone Implications
The Farming Zone continues to have an agricultural purpose: it provides for agriculture, encourages retention of productive agricultural land, seeks to ensure non-agricultural uses including dwellings do not adversely affect agriculture, and supports rural communities through employment and population retention. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.380) VC309 does not remove that basic rural-policy architecture in the available extract; instead, the visible amendment point is the detailed table that sorts uses into permit-not-required, permit-required, and prohibited categories. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380-385)
Several rural uses may proceed without a permit only if strict thresholds are met. An abattoir is listed as a Section 1 use only where it is used with animal production on the same or contiguous land in the same ownership, has no more than 200 square metres gross floor area, does not slaughter or process more than 120 tonnes of product per year, does not exceed a wastewater flow rate above 5,000 litres per day, is at least 100 metres from a dwelling in separate ownership, and avoids specified sensitive or incompatible land contexts. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.380) This means the scheme distinguishes between small, farm-linked processing and larger or more externally impactful rural industry. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380, 384)
A cattle feedlot is listed as permit-not-required only if it meets Clause 53.08, houses 1,000 or fewer cattle, is outside a special water supply catchment under the Catchment and Land Protection Act 1994, and is outside a catchment area listed in Appendix 2 of the Victorian Code for Cattle Feedlots - August 1995. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.381) If those Section 1 conditions are not met, a cattle feedlot moves to Section 2 and requires a permit. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.384)
Dwellings remain tightly controlled in the Farming Zone. A dwelling other than a bed and breakfast is permit-not-required only where it is the only dwelling on the lot, the lot meets the scheduled minimum area or at least 40 hectares if no area is specified, it meets Clause 35.07-2, and it observes separation requirements from wind energy facilities and mineral-resource work authority land. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.381) If the Section 1 dwelling condition is not met, the dwelling becomes a Section 2 permit-required use and must still meet Clause 35.07-2. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.384)
Small second dwellings are allowed in the Farming Zone only within a narrow pathway. A small second dwelling is listed in Section 1 if there is no more than one existing dwelling on the lot, it is the only small second dwelling on the lot, reticulated natural gas is not supplied to the building or part of the building used for the small second dwelling, Clause 35.07-2 is met, and the specified separation distances from wind energy and mineral-resource land are observed. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.383) A small second dwelling is prohibited if the Section 1 condition is not met, meaning the table does not provide a discretionary Section 2 permit pathway for a non-compliant small second dwelling in the Farming Zone. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.385)
Rural worker accommodation is allowed without a permit only where no more than 10 persons are accommodated, the use is tied to agriculture on the same or contiguous land in the same ownership, the accommodation is exclusively for workers engaged on that land, it is the only accommodation other than a dwelling on that land, it is on the same lot as an existing dwelling, the lot meets the relevant minimum dwelling area or at least 40 hectares if no area is specified, and Clause 35.07-2 and specified separation requirements are met. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.382-383) If those conditions are not met, rural worker accommodation requires a permit and must still meet Clause 35.07-2. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.385)
Clause 35.07-2 creates servicing and access controls for a dwelling, small second dwelling, or rural worker accommodation. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.386) The clause requires all-weather road access adequate for emergency vehicles, connection to reticulated sewerage if available or on-site wastewater treatment and retention if not available, potable water supply with domestic and firefighting storage, and electricity supply or an alternative energy source. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.386) The planning mechanism is therefore not only land-use permission; it also tests whether rural accommodation can be serviced safely and without creating unmanaged wastewater, access, water-supply, or energy issues. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.386)
Land-Use Definition Implications
Clause 73.03 sets the land-use vocabulary for the scheme, and VC309 is recorded against that clause on 12 May 2026. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1257) The clause explains that terms can include other listed terms, can be included in other listed terms, and can have either a stated definition or an ordinary meaning if no definition is provided. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1257)
Agriculture is defined as land used to propagate, cultivate, or harvest plants; keep, breed, board, or train animals including livestock and birds; or propagate, cultivate, rear, or harvest living resources of the sea or inland waters. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1258) Agriculture includes animal husbandry, aquaculture, and crop raising. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1258) This structure matters because the Farming Zone table allows agriculture in Section 1 but excludes several specific subcategories such as animal production, apiculture, domestic animal husbandry, racing dog husbandry, rice growing, and timber production from that broad permit-not-required agriculture entry. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.380)
Animal husbandry is defined as land used to keep, breed, board, or train animals, including birds, and it includes animal production, animal training, apiculture, domestic animal husbandry, horse husbandry, and racing dog husbandry. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1259) Animal production is defined as keeping or breeding farm animals for livestock, eggs, fibre, meat, milk, or other animal products, and includes grazing animal production, intensive animal production, pig farm, poultry farm, and poultry hatchery. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1259) Grazing animal production is then defined as animal production where animals obtain food by directly grazing, browsing, or foraging plants growing on the land, including emergency, seasonal, and supplementary feeding and incidental penning, feeding, and housing for weaning or husbandry purposes. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.1266)
The practical consequence is that the scheme separates lower-intensity grazing from more intensive or specialised animal uses. Grazing animal production appears in Section 1 of the Farming Zone without an additional condition, while animal production other than cattle feedlot, grazing animal production, and poultry farm appears in Section 2 and requires a permit. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.381, 384) Poultry farm is permit-not-required only up to 100 poultry, excluding emus and ostriches, and up to 10 emus and ostriches; a broiler farm or poultry farm outside the Section 1 pathway requires a permit and must meet Clause 53.09 where relevant. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.382, 384)
The definitions also matter for accommodation. Accommodation is defined as land used to accommodate persons and includes dwelling, camping and caravan park, group accommodation, host farm, residential aged care facility, residential building, residential village, retirement village, small second dwelling, and corrective institution. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.1257-1258) The Farming Zone prohibits accommodation other than bed and breakfast, camping and caravan park, dwelling, group accommodation, host farm, residential hotel, rural worker accommodation, and small second dwelling. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.385) The result is that rural accommodation is not treated as one open category; each form must fit a listed pathway. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.381-385, 1257-1258)
What VC309 Does Not Show in the Available Corpus
The source set does not include an explanatory report, instruction sheet, gazettal notice, panel report, amendment map, or tracked-change document for VC309. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt) The available evidence therefore confirms the current scheme location and operative text affected by VC309, but it does not explain the policy reason for the amendment, whether VC309 amended the same clauses across all Victorian planning schemes, or whether any transitional provisions were adopted. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.2, 380, 1257)
Because the available documents are current-scheme extracts, this page cannot quantify the before-and-after change created by VC309. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt) The current text shows what now applies in Mitchell Shire, but it does not show what the Farming Zone table or Clause 73.03 said immediately before 12 May 2026. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380, 1257)
Current Status
The Mitchell Planning Scheme extract states that the scheme was last updated by VC309 on 12 May 2026. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.2) On that basis, VC309 appears to be operative in the current Mitchell Planning Scheme rather than awaiting local exhibition, panel review, adoption, or approval. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.2)
The confirmed operative amendment points in the available extract are Clause 35.07-1, the Farming Zone table of uses, and Clause 73.03, the land-use terms table. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380, 1257) No source document in the manifest provides a VC309 explanatory report or gazettal notice. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt)
Dependencies
- Blocks: No local project, rezoning, PSP, DCP, or infrastructure item is shown as blocked by VC309 in the available corpus. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt)
- Blocked by: No further Mitchell Shire approval step is shown in the available corpus because the current scheme extract states that the scheme was updated by VC309 on 12 May 2026. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, p.2)
- Informed by: The available corpus does not identify a VC309 explanatory report, ministerial direction, background report, or consultation material. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt)
- Implements: The visible implementation is through operational scheme provisions, specifically the Farming Zone table of uses and the land-use terms table. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380, 1257)
- Conflicts with: No conflict with a Mitchell-specific policy, incorporated document, or local schedule is identified in the available corpus. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt)
Cross-Jurisdictional Links
VC309 uses a Victorian statewide amendment number format and appears in the Mitchell Planning Scheme as a current scheme update, so the likely cross-jurisdictional relevance is consistency of land-use definitions and Farming Zone controls across Victorian planning schemes. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.2, 380, 1257) The available Mitchell corpus does not include other councils’ VC309 extracts, the statewide amendment documentation, or a Department of Transport and Planning amendment page, so this cross-jurisdictional reading remains an evidence-based inference from the amendment number and the statewide nature of Clauses 35.07 and 73.03 rather than a fully documented statewide comparison. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380, 1257)
Gaps in This Analysis
The key analytical gap is the absence of the VC309 amendment package. The missing materials are the explanatory report, instruction sheet, gazettal notice, list of changed provisions, and any tracked-change version showing the pre-VC309 and post-VC309 text. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt) Without those documents, the analysis can identify the current operative controls but cannot state the exact policy intent, the full statewide scope, or every textual change made by VC309. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.2, 380, 1257)
A second gap is the absence of a pre-12 May 2026 Mitchell Planning Scheme extract. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt) Without the prior scheme version, this page cannot quantify how many land-use pathways changed, which terms were newly inserted or reclassified, or whether the practical effect is expansion, restriction, clarification, or consolidation of existing controls. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380, 1257)
A third gap is the lack of local implementation evidence. The corpus does not include Mitchell Shire officer reports, council minutes, planning permit examples, or local guidance explaining how VC309 affects rural planning administration in Mitchell Shire. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt) As a result, this page can describe the statutory mechanism but cannot measure local application patterns, permit volumes, refusal risks, or administrative interpretation. (Source: web-research-L1-current-scheme-vc309-planning-schemes.txt, pp.380-386, 1257-1266)