© Copyright Municipal Association of Victoria, 2017. The Municipal Association of Victoria (MAV) is the owner of the copyright in the publication . No part of this publication may be reproduced, stored or transmitted in any form or by any means without the prior permission in writing from the Municipal Association of Victoria. All requests to reproduce, store or transmit material contained in the publication should be addressed to MAV Reception on 9667 5555. The MAV does not guarantee the accuracy of this document's contents if retrieved from sources other than its official websites or directly from a MAV employee. The MAV can provide this publication in an alternative format upon request, including large print, Braille and audio. has been prepared by the Municipal Association of Victoria (MAV) for discussion with member councils. While this paper aims to broadly reflect the views of local government in Victoria, it does not purport to reflect the exact views of individual councils.
Provision of data and State policy spatially Proactive drafting support from DPCD. Significant effort is required to develop local policies and amend planning schemes to include. This is still the case even if a policy has been strategically justified and could have broader applications Support the introduction of proven local policies regionally through a simple collaborative process. For example the broadband local policy. 5. Support ongoing review of planning processes Planning scheme amendment processes in DPCD are complex for all amendments. There is little recognition of ‘fix up’ amendments, local amendments, amendments where there is well resolved policy and when the amendment is a follow through, or where an existing proven policy or concept (Activity Centre Zone) Stream amendments according to which process steps are required. Align the level of strategic justification and timelines with each stream (based on existing strategic context). Review how Panels role may be more effective and the role of other agencies in the panel process. Permit processes are overly complex, applications are pushed through rather than pulled through and there is a high level of failure demand. Support councils to fully participate in the STEP planning program as the results are compelling. There are no incentives to improve performance in the planning system. Introduce incentives for “AAA” councils and “AAA” referral authorities – insurance risk assessment; authorisation thresholds; business planner concept. There are a range of issues associated with enforcement of planning schemes including limited resources, cost of taking action. Increased penalties available for fines issued by councils. VCAT Limit scope of consideration to the application (& plans) at the time of council decision and only the issues that are in dispute.
ATTACHMENT 2 – PATHWAY MOCKUP GENERAL RESIDENTIAL ZONE Prohibited Exempt VicSmart (Exempt from notice and review) Code/Prescriptive standards (Exempt from notice and review) Merit Amusement parlour Single dwelling and any outbuildings or any extension, modification Except where: there is an overlay in place; or site is less than 300m Single dwelling and any outbuildings or any extension or modification on a lot less than 300m Secondary dwelling Comply with dwelling standards Multi-dwellings Comply with dwelling standards Apartments Comply with dwelling standards Animal boarding Home occupation Subdivision into two lots or of an existing building Residential aged care Comply with dwelling standards (where appropriate) Subdivision Animal training Bed & breakfast No more than 10 persons One carspace per 2 persons Animal keeping No more than 5 animals Brothel Medical centre No greater than 250m2 Must adjoin a Road Zone Service station Adjoin a Commercial or Industrial zone or adjoin a Road Zone Not exceed 3000m2. Cinema Place of worship No greater than 250m2 Must adjoin a Road Zone Car park Horse stables Minor utility installation Convenience restaurant/take-away food premises
ATTACHMENT 3 – SPECIFIC PROVISIONS ID. No. Zones Clause No. Name Modification MAV comment ID. No. Zones 1 Clause No. 30 Name All zone schedules Modification Review all zone schedules having regard to the following: a) Enhance the Ministerial Direction – The Form and Content of Planning Schemes to limit structural modifications (such as to headings and order, etc) and ensure consistency across the VPP b) Ensure the distinction between the state and local clauses remains clear. Migration of planning schemes to a new electronic system provides DELWP with the opportunity to address consistency problems. In principle support Consistency in application of the framework of the VPPs is supported. However, sufficient opportunity needs to exist for councils to articulate the ‘local’ nature of the controls in their zone schedules. Artificial restriction will reduce the effectiveness of the outcomes and potentially result in numerous controls needing to be applied to achieve the same outcome. Support This idea doesn’t appear to require any action. ID. No. Zones 2 Clause No. 30 Name All zones Modification Review zones having regard to the following: a) Rename zones from being numerical (for example, ‘Industrial 1 Zone’) to being descriptive and adopting everyday words, such as used for the residential zones b) Examine the role and function of the following zones to establish whether they can be replaced with other VPP tools (such as the Mixed Use Zone or the Commercial 1 Zone and an Incorporated Plan Overlay or Development Plan Overlay), or amalgamate the following zones into a single zone Support The initiatives presented in this idea are common sense initiatives. However, it is necessary to continue to consult with local government during the development of any changes to: Determine whether there might be any unintended consequences from changing the wording or amalgamating zone controls Understand how the different zones have been applied – recognising that such zones provide a ‘one-stop-shop’ rather than having to utilise multiple controls Work through a reasonable transition process that does not impact the resourcing of councils.
b) Make ‘Office’ a Section 1 (as of right) land use subject to maximum floor area requirements c) Make ‘Indoor Recreation Facility’ and ‘Take Away Food Premises’ Section 1 (as of right) land uses (c) Supported The suggestion appears OK. ID. No. Zones 7 Clause No. 34.02 Name Commercial 2 Zone Modification Review the Commercial 2 Zone having regard to the following: a) Make 'Convenience Restaurant' a Section 1 (as of right) land use b) Make 'Manufacturing Sales' a Section 1 (as of right) land use to support the establishment of ‘small makers’ and creative industries. In principle support The suggestion appears OK but consideration should be given to controlling the use where there is an adjoining residential zones. ID. No. Zones 8 Clause No. 35 Name All rural zones Modification Review the rural zones having regard to the following: a) Remove the need for a buildings and works permit for a dwelling extension or associated outbuilding if in relation to an existing dwelling, by removing the floor area size restriction if necessary. In principle support Seems OK provided any sensitive areas can be addressed by overlays such as SLO or EMO. ID. No. Zones 9 Clause No. 35.07 Name Farming Zone Modification Review the Farming Zone having regard to the following: a) Allow more primary produce sales as a Section 1 (as of right) use by increasing the floor area condition and allow a wider range of related goods to be sold. Support The suggestions seem OK to assist with the diversification of farming enterprises. ID. No. Clause No. Name Modification Support
b) Review the approach of using overlays to identify buffers, such as the Environmental Significance Overlay, and examine how the VPP can transparently and consistently identify and protect significant sites requiring buffers (for example: landfills, treatment plants, water supply catchments and quarries) c) Create consistency in use of terms where a common meaning applies (such as the phrases ‘generally in accordance with’, ‘generally consistent with’ and ‘in accordance with’) and in the use of common assessment techniques (e.g. Determining tree protection zones) d) Clarify that if a permit is not required within the head provision, then the provisions of the schedule to that control do not apply. This may require holistic review of how the VPP reacts with local provisions. (c) Support Ok. (d) Support Consider redrafting to enable uses to be ‘scheduled in’ rather than ‘scheduled out’. ID. No. Overlays 13 Clause No. 42 Name Environmental and landscape overlays Modification Review all environmental and landscape overlays having regard to the following: a) Amend the head provision to relocate the ‘Table of exemptions’ to Clause 62.02- 3 and insert the following words “No permit is required to remove, destroy or lop vegetation to the minimum extent necessary if any of the exemptions listed in the Table to Clause apply”. In principle support We suggest that the structure of overlays be amended to ‘schedule in’ matters to be controlled. This would avoid the need to then check the exemptions. Consideration of how the native vegetation provisions should be structured is required. Not sure that the suggestion is the best way.
ID. No. Overlays 20 Clause No. 44.03 Name Floodway Overlay Modification Review the Floodway Overlay having regard to the following: a) Increase opportunities for permit exemptions and ensure permit triggers are linked to the purpose of the overlay b) Improve access to flood levels required to ensure drawings are compliant prior to submitting a planning permit application. Support Combine this with ideas 10, 17, 21, 22. The issue of who should undertake flood mapping and the planning scheme amendment process should also be resolved during this process. The MAV has recommended in numerous submissions that State wide approach needs to be taken, similar to bushfire mapping. There are known limitations including lack of consistency across Victoria. ID. No. Overlays 21 Clause No. 44.04 Name Land Subject to Inundation Overlay Modification Review the Land Subject to Inundation Overlay having regard to the following: a) Update the purpose of the overlay from referring to a flood, to “flooding from a waterway in a 1% Annual Exceedance Probability (AEP) flood event” b) Update the purpose of the overlay to include the words “to provide for the protection of drainage assets”. c) Ensure permit triggers are linked to the purpose of the overlay d) Increase the opportunities for permit exemptions, such as developments not impeding water flow e) Allow greater flexibility by expanding the floor space allowable for a building extension before a permit is triggered for buildings and works Support Combine this with ideas 10, 17, 20, 22. The issue of who should undertake flood mapping and the planning scheme amendment process should also be resolved during this process. The MAV has recommended in numerous submissions that State wide approach needs to be taken, similar to bushfire mapping. There are known limitations including lack of consistency across Victoria.
ID. No. Particular Provisions 29 Clause No. 52.12 Name Service Stations Modification Review Service Stations having regard to the following: a) Ensure the provision is updated to reflect current practices and modern service station designs, including reviewing the site area and crossover dimensions. In principle support Firstly consider whether this provision is necessary? Could it be amalgamated with other provisions (e.g. car wash)? Ongoing contamination of these sites can be problem. ID. No. Particular Provisions 30 Clause No. 52.13 Name Car Wash Modification Review Car Wash having regard to the following: a) Ensure the provision is updated to reflect current practices and modern car wash design, including reviewing crossover dimensions. In principle support Is this provision necessary? ID. No. Particular Provisions 31 Clause No. 52.14 Name Motor Vehicle, Boat or Caravan Sales Modification Review Motor Vehicle, Boat or Caravan Sales having regard to the following: a) Review the role and purpose of this provision, and the relevance of the dimensions, with a view to either removing or updating. In principle support Is this provision necessary? ID. No. Particular Provisions 32 Clause No. 52.19 Name Telecommunications Facility Modification Review Telecommunications Facility having regard to the following: a) Update the Code of Practice for Telecommunications Facilities in Victoria (2004) (an incorporated document in the VPP) and the particular provisions to recognise advances in equipment technology. Support Include as a code linked directly from the zone. No provision necessary.
a) ‘outbuildings normal to a dwelling’ b) ‘sensitive uses’. ID. No. General Definitions 44 Clause No. 74 Name Land Use Terms Modification Review all VPP land use terms and definitions, and associated treatment in the land use tables, having regard to the following objectives: a) Reduce the number of terms b) Remove obsolete uses c) Separate out common land uses only when necessary to be treated differently in zone tables d) Be less prescriptive by removing overly specific terms e) Broaden terms and definitions to account for rapidly shifting industries and lifestyles f) Use every day and plain-English terms that the community readily understands aid understanding (bar), in other cases g) Modernise definitions including consideration of emerging social, economic and technological trends h) Provide definitions for undefined terms, excluding those where there is an appropriate ordinary dictionary meaning or definition in the Act. Review Land Use Terms to investigate adding the following (only where necessary and in In principle support This is a key priority for councils that have been asking for changes for some time. Insufficient detail is provided however to respond in any more detail. Councils need to be heavily involved in any review of definitions.