Eden Park - Planning controls and environmental risks

This page provides an overview of planning controls in Eden Park, focusing on the Restructure Overlay and Eden Park Estate Restructure Plan. It also outlines the environmental risks that affect the area.

Council has received community feedback over many years about the planning controls restricting development. These concerns stem from historic subdivision decisions and the significant environmental constraints affecting many properties.

Environmental sensitivity of Eden Park

Eden Park is in an environmentally sensitive location with several major constraints:

  • Very high to extreme bushfire risk (Victorian Fire Risk Register)
  • Shallow skeletal soils and steep topography, increasing erosion risk
  • Sodic (dispersive) soils, which erode when wet, causing tunnel and gully erosion
  • Fragmented land ownership, making coordinated land management difficult
  • No reticulated services, and soils unsuitable for on-site waste disposal.

These constraints lead to increased risks and complications for infrastructure and development, including:

  • Vulnerability of culverts, driveways, dams and buildings to erosion and failure
  • Long-term sustainability issues from widespread tunnel erosion
  • Fire events worsening soil instability and overland water flow.

What is tunnel erosion? 

Tunnel erosion occurs when water infiltrates the soil profile and moves underground, gradually dissolving and destabilising the soil structure. This subsurface movement eventually reaches the surface, resulting in visible washouts and fanning patterns of displaced soil.

The term ‘tunnel erosion’ refers to the formation of underground channels, which often develop unnoticed by landowners. Over time, sections of these tunnels may collapse, leading to the appearance of surface holes. As these holes expand and connect, they can progress to more severe forms of erosion, such as gully erosion. Examples of more advanced erosion are depicted in Plate 4 and 5 below.

Site photos of erosion caused by sodic soils

Site photo of erosion caused by sodic soils Site photo of erosion caused by sodic soils

Examples of sinkholes in areas with sodic soils

Examples of sinkholes in areas with sodic soils

Plate 4: Dispersive clay leading to gully erosion
Plate 5: Gully head erosion after fire

Current planning context and controls

Zoning

  • Green Wedge Zone (GWZ)
  • Rural Conservation Zone (RCZ)

Overlays

  • Restructure Overlay (RO) – applies across the estate to manage subdivision and development
  • Bushfire Management Overlay (BMO) – significant coverage due to fire risk
  • Heritage Overlay (HO) – two small, affected areas.

The Restructure Overlay is a critical planning tool used to:

  • Manage environmental risks, especially erosion from sodic soils
  • Correct the lot pattern caused by the original subdivision
  • Prevent inappropriate residential development.

History of Eden Park and the Restructure Overlay

  • In 1889, the area was subdivided into 1,299 small lots (around 0.8 ha each), without considering land capability
  • By the 1980s, environmental impacts were severe. The Eden Park Working Committee recommended restructuring
  • In 1981, the Restructure Overlay was introduced, supported by the Eden Park Estate Restructure Plan
  • The plan seeks to reduce the number of lots from 1,299 to about 400 larger lots, aligned with environmental and infrastructure capacity.

How the Restructure Overlay works

  • Buildings cannot be approved on lots that have not been restructured
  • Landowners must consolidate adjoining lots to form a larger ‘Restructure Lot’
  • This ensures land can support development, including waste disposal systems, while minimising environmental impacts
  • The overlay is mandatory and must be applied strictly, a position supported in VCAT decisions.

Findings from the Green Wedge Management Plan review

As part of the Green Wedge Management Plan review (adopted February 2023), Council reviewed the Restructure Overlay under Section 12B of the Planning and Environment Act 1987. The review confirmed that the overlay remains fit for purpose.

Further information

For more information, you can view or download the documents below: