CONTENTS iv ABOUT THIS GUIDE 1 PART 1> INTRODUCTION TO THE PLANNING SYSTEM IN VICTORIA 2 Introduction 2 Councils’ planning responsibilities 3 Council planners’ role 4 Councillors’ role 4 Responding to inquiries 4 Consultation 5 Making informed decisions 5 Information and communication 5 Changing policy 6 Conflict of Interest 6 Misuse of position 6 Remaining unbiased 7 PART 2> TOP 10 ESSENTIAL ELEMENTS 8 Introduction 8 The Planning and Environment Act 1987 9 Planning schemes 9 Policy development and implementation 10 Changing the planning scheme 10 Planning permits 11 Delegation 11 Consultation and review by Victorian Civil and Administrative Tribunal 11 Compliance 12 Minister for Planning 12 Continuous improvement and council’s role 13 PART 3> THE PLANNING AND ENVIRONMENT ACT 1987 14 Introduction 14 Objectives of planning 15 The planning framework 15 The responsible authority and the planning authority 15 The planning scheme 16 The Victoria Planning Provisions (VPP) 16 Definitions 17 PART 4> POLICY DEVELOPMENT 18 Strategic planning and policy development 19 The Municipal Strategic Statement (MSS) 19 Review of planning schemes 20 Local policies 21 PART 5> PLANNING SCHEMES 22 Introduction 22 Structure of the planning scheme 23 The State Planning Policy Framework 23 The Local Planning Policy Framework 24 Zones 24 Overlays 25 Particular provisions 25 General provisions 25 Definitions 26 Incorporated documents 27 PART 6> AMENDING THE PLANNING SCHEME 28 Changing the planning scheme 29 Initiating a change to the planning scheme 30 The amendment process 30 Requesting a change to the planning scheme 31 Minister for Planning’s authorisation 31 Considerations for council 31 Notice of an amendment 32 After exhibition 32 The panel process 32 Participating in the panel process 33 Panel report and recommendation 33 Adoption of the amendment 33 The Minister’s powers
34 PART 7> PLANNING PERMIT ASSESSMENT PROCESS 35 Introduction 35 The basis of a permit decision 35 The Planning and Environment Act 1987 36 The planning scheme 36 Permit application process 36 VicSmart 37 Pre-application consultation 37 Required information 37 Referrals to other agencies 37 Notice of the application 38 Objections 38 Further consultation 38 Assessment 39 The decision 40 Review by VCAT 40 Delegation 41 Communication 41 Resourcing council’s planning department 41 Lobbying 42 Building approvals 43 PART 8> VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 44 Application for review 44 Requesting an application for review 44 Exemption from right of review 45 Council’s responsibilities at VCAT 45 VCAT’s responsibilities 45 Participating in a VCAT hearing 46 Tribunal decisions 46 Unfavourable decisions 47 PART 9> THE MINISTER FOR PLANNING 48 Introduction 48 Deciding permit applications 48 Call-in powers 49 Changing the planning scheme 49 Authorising and approving amendments 49 Effective relationships 50 PART 10> GLOSSARY OF TERMS AND ACRONYMS 53 PART 11> SOURCES OF FURTHER INFORMATION 54 The Municipal Association of Victoria (MAV) 54 Legislation 54 The Department of Planning and Community Development (DPCD) 54 PLANET Program 54 Planning Panels Victoria 54 Building Commission 54 Environment Protection Authority 55 Victorian Civil and Administrative Tribunal 55 Dispute Settlement Centre of Victoria, Department of Justice 55 Planning permit applications 55 Planning scheme amendments 55 Compliance with the planning scheme 56 APPENDIX 1> PLANNING ENQUIRY CHECKLIST 57 Understanding the concerns 57 Understanding the planning permit application 57 Response to the constituent 58 APPENDIX 2> FREQUENTLY ASKED QUESTIONS
INTRODUCTION Councillors do not need a detailed knowledge of every provision in the planning scheme to successfully fulfil their planning role and responsibilities. However, a councillor must: Be familiar with the State Planning Policy Framework (SPPF) Be familiar with the Local Planning Policy Framework (LPPF) Understand why a planning permit is required and the relevant planning considerations and decision guidelines for each application presented for decision. The planning scheme sets out the way land can be used and developed through policies and objectives. It generally affects all land in the municipality. The scheme includes both written text and maps that show the zones and overlays that affect land. It provides information about policies and the circumstances when a planning permit is required to make changes to the use or condition of land or to develop land. The planning scheme is a legal document that requires interpretation by a qualified planner. The planning scheme is important because it determines the development potential of land. The starting point for consideration of any planning permit application is to check what the planning scheme says about the way in which the land may be used or developed. This information determines why a planning permit is required and which policies are relevant to the decision about the application. STRUCTURE OF THE PLANNING SCHEME All planning schemes have the same structure and contain the following information: Table of contents Objectives of Planning in Victoria Purpose of the planning scheme User Guide State Planning Policy Framework Local Planning Policy Framework (MSS & local policies) Zones Overlays Particular provisions for certain uses such as advertising signs, car parking, native vegetation, gaming venues etc General provisions Definitions Incorporated documents List of amendments. The content is selected from the Victoria Planning Provisions (VPP). A council can reflect local circumstances in the planning scheme using: The Local Planning Policy Framework Schedules to the zones and overlays where available The incorporated documents schedule. FIXED STATE CONTENT Table of contents Objectives of planning in Victoria Purpose of this planning scheme User guide State Planning Policy Framework Local Planning Policy Framework (MSS & Local Planning Policies) Zones Overlays Particular provisions General provisions Definitions Incorporated documents Lists of amendments CAN CONTAIN LOCAL CONTENT WHOLLY LOCAL CONTENT NOT FORMAL PART OF SCHEME
THE STATE PLANNING POLICY FRAMEWORK The State Planning Policy Framework (SPPF) gives effect to the State Government’s land use policies. It sets out a range of policies for matters such as metropolitan development, settlement, environment, housing, economic development, infrastructure and particular uses and development. A council: Must take the SPPF into account and give effect to the SPPF when it decides a planning permit application or makes a decision about an amendment to the planning scheme Cannot change the SPPF Can only introduce a local policy that is consistent with the state policy. This is the first test for any local policy proposed to be included in the planning scheme, including the MSS. FOR MORE INFO For more information about the State Planning Policy Framework go to: The SPPF section (Clause 11 to 19) in the planning scheme. THE LOCAL PLANNING POLICY FRAMEWORK The council is responsible for preparing and implementing the LPPF. The Local Planning Policy Framework (LPPF) sets out the council’s vision for its municipality and the local policies it will apply to achieve the vision. The LPPF must be consistent with the SPPF and contains two parts: The Municipal Strategic Statement (MSS) Local planning policies. The preparation, monitoring and review of the MSS are vital council planning responsibilities. The MSS provides the vision for the future of the municipality and the basis for selecting the zones and overlays that are applied in the planning scheme. It is important to be very familiar with your MSS. FOR MORE INFO For more information about policies go to: Part 4 of this guide The LPPF section (Clause 21 and Clause 22) in the planning scheme. Victoria Planning Provisions, Practice Note: Writing a Local Planning Policy (December 1999) available from the DPCD website
PANEL REPORT AND RECOMMENDATION The council is not bound by the panel’s report and recommendation but it must consider them when it makes its decision about the amendment. The panel’s report must be made public no later than 28 days after the council receives it. If council makes a decision that is inconsistent with the panel’s recommendation, council is required to explain to the Minister the reasons why it did not accept the panel’s recommendation. Councillors should read the panel’s full report as well as the council planner’s summary. It’s a good way to learn about the planning system. ADOPTION OF THE AMENDMENT Council can make a decision about the amendment after it considers the Panel’s report. The council can decide to: Abandon the amendment, or Adopt the amendment, with or without changes. A decision to adopt the amendment must be made by the full council. The adopted amendment is then forwarded to the Minister for Planning for consideration and final approval. THE MINISTER’S POWERS The Minister for Planning has powers to authorise a council to prepare an amendment. The Minister also considers the amendment, the submissions, the panel report, council report and advice from the Department before deciding to approve an amendment adopted by a council. The Minister is likely to consult with the council before making a decision that is contrary to the council’s decision. However, the Minister’s decision about an amendment is final and there is no right of review.
The Planning Scheme The planning scheme sets out matters that the council must consider. These are: The State Planning Policy Framework (SPPF) The Local Planning Policy Framework (LPPF) – the MSS and local policies The purpose of the zone or overlay The decision guidelines in the zone or overlay Incorporated documents The orderly planning of the area The effect on the amenity of the area The proximity of the land to any public land Factors likely to cause or contribute to land degradation, salinity or reduce water quality Whether the proposed development is designed to maintain or improve the quality of the stormwater The extent and character of native vegetation The degree of flood, erosion or fire hazard. Not all of these matters are relevant considerations in every application. However, the assessment of a planning permit application must address the SPPF and the LPPF to ensure that it is consistent with the strategic policy framework. PERMIT APPLICATION PROCESS The main steps in the planning permit application process are: Pre-application meeting with council planner Applicant lodges application and addresses issues raised in the pre-application meeting Council planner confirms all information required is provided, and if it has been, refers application to referral authorities and internal council areas eg traffic, urban design, heritage etc If further information is required, council planner requests this in writing with a timeframe for response Council planner decides if advertising of application is required Advertising completed; council planner considers any objections Council planner arranges consultation with applicant and objectors – possible changes to be negotiated to address reasonable concerns Council planner assesses application and considers objections, comments from referral authorities etc and prepares report with a recommendation Council, or delegate, decides to grant a permit or refuse to grant a permit Review by VCAT (possible). 1. DISCUSS PROJECT WITH COUNCIL PLANNER 2. LODGE APPLICATION 3. CONFIRM INFORMATION PROVIDED 4. ADVERTISE PROPOSAL, IF WARRANTED 5. CONSULT NEGOTIATE & ASSESS 6. PREPARE REPORT & RECOMMENDATION 7. MAKE DECISION 8. REVIEW BY VCAT (POSSIBLE) FOR MORE INFO For more information about the planning permit application process go to: Using Victoria’s Planning System – Chapter 3 VicSmart A new short permit process has been introduced called VicSmart. This process is for simple matters and such matters will be assessed against pre-set criteria. The process does not include notice, referral or application for review. 10 business days being considered SUBMIT ASSESS DECIDE Classes of application Exempt from section 60 matters CEO (or delegate) is responsible authority Pre-set assessment criteria Exempt from formal further information provisions Exempt from notice and review