Why TRZ(n) Zoning Should Be Abolished and Replaced With GTR(n) – Government Transport Reserve Zoning

A legislative reform proposal for Victoria's planning system
Author: Clarke Towson – CEO, INTJ Billing / Spotswood Trailers
Date: August 2nd 2025

Introduction: A Zoning Category Built on Assumption

The Transport Zone (TRZ), as defined in Clause 36.04 of the Victoria Planning Provisions - see here and here, was originally intended to reserve land for transport-related infrastructure such as arterial roads, rail corridors, and freeway interfaces.

But in practice, TRZ zoning does not differentiate between land owned by the government and land privately held under freehold title — a staggering oversight.

This single flaw has triggered legal confusion, property rights conflicts, and bureaucratic paralysis at 7 Cullen Court, Spotswood — a privately owned parcel zoned TRZ2 despite having no active transport designation and no compulsory acquisition.

The Case for Abolishing TRZ in Its Current Form

• Lack of Legal Precision: TRZ fails to distinguish between Crown-owned land and privately owned land — creating ultra vires scenarios where zoning is legally invalid.
• Ambiguous Governance: Many TRZ2 parcels are left with no responsible authority, creating a regulatory black hole.
• Zoning Stack Conflicts: TRZ2 often overlaps with NRZ or other zones without clear logic, leading to default assumptions rather than legal clarity.
• No Citizen Recourse: There is no VCAT pathway or notification regime when TRZ zoning is misapplied to freehold land.

The GTR Proposal: Government Transport Reserve Zoning

To fix this systemic flaw, I propose abolishing TRZ and replacing it with a new zoning classification:

GTR – Government Transport Reserve

This zone would apply exclusively to land currently owned or leased by a government body for transport purposes.

Ownership-Gated Application

• Only applies to Crown land, government corporations (e.g., VicTrack, DoT), or public-private leased land under formal agreements.
• Private freehold land is ineligible unless acquired via compulsory acquisition or with signed consent.

Mandatory Acquisition Trigger

If a department or council attempts to zone private land as GTR, they must initiate acquisition or secure written landowner approval simultaneously.

Defined Governance and Accountability

Every GTR parcel must list its responsible authority and maintenance entity within the planning register to ensure full accountability.

No Zoning Stack Conflicts

GTR cannot be layered with NRZ, GRZ, MUZ, or residential/commercial zones. Land is either a Government Transport Reserve or it is not — no exceptions.

Why GTR Matters: A Philosophical and Legal Correction

Zoning is not just administrative; it's legal cartography. It maps purpose, responsibility, and rights. When a zoning scheme allows a private citizen to be trapped inside a “phantom transport zone” with no recourse, it’s failed its civic purpose.

The GTR proposal restores clarity, reinforces property rights, and brings Victoria’s zoning framework back into constitutional alignment.

Conclusion: A New Standard for Zoning Integrity

Abolishing TRZ in favor of GTR is not radical — it’s responsible. This proposal is a blueprint for:

• Respecting landowner rights
• Clarifying government responsibility
• Preventing future zoning scandals

As the case of 7 Cullen Court proves, Victoria’s planning system must evolve. GTR is a precise, lawful, and future-proof replacement for a broken TRZ framework.

Let's get the law — and the land — back on track.