The proposals in this paper focus on the structure and operation of the VPP. They seek to both simplify and improve the operation of the VPP, and to lay foundations for further future transformative initiatives. These initiatives are part of the Victorian Government’s Smart Planning program. Smart Planning is delivering long term, transformative change to the Victorian planning system to make it more responsive to the needs of Victorians. The proposals in this discussion paper are one part of this broader program. You can find out more about Smart Planning at . All users of Victoria’s planning system are encouraged to consider the proposals and express their views. To comment on the proposals, go to . The deadline for submissions is 5:00pm Friday 24 November 2017. Abbreviations and acronyms The Act - The Planning and Environment Act 1987 DELWP - Department of Environment, Land, Water and Planning LPPF - Local Planning Policy Framework MSS - Municipal Strategic Statement PPF - Planning Policy Framework PPARS - Planning Permit Activity Reporting System PSIMS - Planning Scheme Information Management System SPPF - State Planning Policy Framework VAGO - Victorian Auditor-General’s Office VCAT - Victorian Civil and Administrative Tribunal VCEC - Victorian Competition and Efficiency Commission VPP - Victoria Planning Provisions Introduction Planning provides a strategic and policy framework to balance often conflicting economic, commercial, social, environmental and heritage considerations. It seeks to ensure that there is a fair, orderly, responsive and transparent process to manage the economically productive and sustainable use of land in Victoria. The Victorian planning system and planning schemes play a significant role in Victoria’s economy. In the financial year, the planning system processed about $30 billion of future investment in Victoria through 56,000 planning permit applications, and delivered approvals for 46,000 new dwellings and 62,000 new lots (Victorian Auditor-General's Planning System Review 2017 and DELWP). The planning system and planning schemes are key tools that enable state and local government planning policies to be implemented and sustainable change to be effected to the built environment. The VPP is the framework, or template, on which all Victorian planning schemes are based. Improving the efficiency and effectiveness of the VPP and planning schemes is important to the Victorian economy and the liveability of Victorians. Why is change needed? The VPP has served Victoria well for a long time. However, increasing demands on the planning system and successive reforms have resulted in planning schemes that have grown considerably in size and complexity. 17
Each level of policy (state, regional and local) may include an ‘objective’, ‘strategies’ and a new ‘policy documents’ section for each policy matter. Local and regional planning policy need only include objectives where they expand on the corresponding state objective. They do not need to repeat the state planning policy objective. At the local level, two new headings, ‘policy application’ and ‘policy context’, are proposed to ensure policy transparency. These local policy elements each have a specific purpose: Policy application explains where a policy is applied (such as policies that may only apply within a mapped area, in certain zones or for certain types of applications). Policy context gives a brief background to the issue that generated the local policy. This format allows policy to achieve a logical expression of: where the policy applies the local issue what the policy intends to do to manage the issue and how it will be done. The proposed policy structure provides a logical sequence of policy, that, together with the proposed nesting hierarchy, will ensure easier navigation. The proposed policy composition and its application is summarised in the table on the following page. Table 2: PPF policy composition Policy element Policy application Function of the policy element Sets out where the local policy is applicable State Planning Policy Must not be included Regional Planning Policy Must not be included Local Planning Policy May be included if needed Policy element Policy context Function of the policy element Explains the motive for the local policy State Planning Policy Must not be included Regional Planning Policy Must not be included Local Planning Policy May be included if needed Policy element Objective Function of the policy element Sets out the aim of the policy State Planning Policy Must be included Regional Planning Policy May be included if needed Local Planning Policy May be included if needed Policy element Strategies Function of the policy element Specifies how the policy is to be achieved State Planning Policy Must be included Regional Planning Policy Must be included Local Planning Policy Must be included Policy element Policy documents Function of the policy element Refers to relevant policy documents, including: incorporated documents State Planning Policy May be included if needed Regional Planning Policy May be included if needed Local Planning Policy May be included if needed
Clause no. 10.3 – Clause title: Municipal Strategic Framework Plan Clause no. 11 – Clause title: Settlement Clause no. 11.1 – Clause title: Victoria Clause no. 11.01-1 – Clause title: Settlement networks Clause no. 11.01-2 – Clause title: Victoria Settlement Framework Clause no. 11.02 – Clause title: Urban growth Clause no. 11.02-1 – Clause title: Supply of urban land Clause no. 11.02-2 – Clause title: Structure planning Clause no. 11.02-3 – Clause title: Planning for growth areas Clause no. 11.02-4 – Clause title: Peri-urban areas Clause no. 11.02-5 – Clause title: Sequencing of development Clause no. 11.03 – Clause title: Planning for places Clause no. 11.03-1 – Clause title: Activity centre network Clause no. 11.03-2 – Clause title: Activity centre planning Clause no. 11.03-3 – Clause title: Settlements Clause no. 11.03-4 – Clause title: Neighbourhoods Clause no. 11.03-5 – Clause title: Local places Clause no. 11.04 – Clause title: Planning for areas of state significance Clause no. 11.04-1 – Clause title: Coastal settlement Clause no. 11.04-2 – Clause title: Alpine areas Clause no. 11.04-3 – Clause title: The Great Ocean Road region Clause no. 11.04-4 – Clause title: Green wedges Clause no. 11.04-5 – Clause title: Distinctive areas and landscapes Clause no. 12 – Clause title: Environmental and landscape values Clause no. 12.01 – Clause title: Biodiversity Clause no. 12.01-1 – Clause title: Protection of biodiversity Clause no. 12.01-2 – Clause title: Native vegetation management Clause no. 12.02 – Clause title: Coastal areas Clause no. 12.02-1 – Clause title: Protection of coastal areas Clause no. 12.02-2 – Clause title: Appropriate development of coastal areas Clause no. 12.02-3 – Clause title: Coastal Crown land Clause no. 12.02-4 – Clause title: Bays Clause no. 12.03 – Clause title: Waterways and water bodies Clause no. 12.03-1 – Clause title: River corridors Clause no. 12.03-2 – Clause title: Yarra River protection
Clause no. 12.03-3 – Clause title: Lakes and wetlands Clause no. 12.04 – Clause title: Alpine areas Clause no. 12.04-1 – Clause title: Framework for planning alpine resorts Clause no. 12.04-2 – Clause title: Sustainable development in alpine areas Clause no. 12.05 – Clause title: Significant environments and landscapes Clause no. 12.05-1 – Clause title: Environmentally sensitive areas Clause no. 12.05-2 – Clause title: Landscapes Clause no. 13 – Clause title: Environmental risks and amenity Clause no. 13.01 – Clause title: Climate change impacts Clause no. 13.01-1 – Clause title: Climate change and natural hazards Clause no. 13.01-2 – Clause title: Coastal inundation and erosion Clause no. 13.02 – Clause title: Bushfire Clause no. 13.02-1 – Clause title: Bushfire planning strategies and principles Clause no. 13.03 – Clause title: Floodplains Clause no. 13.03-1 – Clause title: Floodplain management Clause no. 13.04 – Clause title: Soil degradation Clause no. 13.04-1 – Clause title: Use of contaminated and potentially contaminated land Clause no. 13.04-2 – Clause title: Erosion and landslip Clause no. 13.04-3 – Clause title: Salinity Clause no. 13.05 – Clause title: Air quality Clause no. 13.06 – Clause title: Amenity Clause no. 13.06-1 – Clause title: Amenity Clause no. 13.06-2 – Clause title: Noise abatement Clause no. 14 – Clause title: Natural resource management Clause no. 14.01 – Clause title: Agriculture Clause no. 14.01-1 – Clause title: Protection of agricultural land Clause no. 14.01-2 – Clause title: Sustainable agricultural land use Clause no. 14.01-3 – Clause title: Forestry and timber production Clause no. 14.02 – Clause title: Water Clause no. 14.02-1 – Clause title: Catchment planning and management Clause no. 14.02-2 – Clause title: Water quality Clause no. 14.02-3 – Clause title: Water conservation Clause no. 14.03 – Clause title: Resource exploration and extraction Clause no. 15 – Clause title: Built environment and heritage Clause no. 15.01 – Clause title: Urban environment
Clause no. 15.01-1 – Clause title: Urban design Clause no. 15.01-2 – Clause title: Urban design principles Clause no. 15.01-3 – Clause title: Design for rural areas Clause no. 15.01-4 – Clause title: Neighbourhood and subdivision design Clause no. 15.01-5 – Clause title: Design for safety Clause no. 15.01-6 – Clause title: Cultural identity and neighbourhood character Clause no. 15.01-7 – Clause title: Healthy neighbourhoods Clause no. 15.02 – Clause title: Sustainable development Clause no. 15.02-1 – Energy and resource efficiency Clause no. 15.03 – Clause title: Heritage Clause no. 15.03-1 – Clause title: Heritage conservation Clause no. 15.03-2 – Clause title: Aboriginal cultural heritage Clause no. 16 – Clause title: Housing Clause no. 16.01 – Clause title: Residential development Clause no. 16.01-1 – Clause title: Integrated housing Clause no. 16.01-2 – Clause title: Location of residential development Clause no. 16.01-3 – Clause title: Housing diversity Clause no. 16.01-4 – Clause title: Housing affordability Clause no. 16.01-5 – Clause title: Rural residential development Clause no. 16.01-6 – Clause title: Crisis accommodation and community care units Clause no. 16.01-7 – Clause title: Residential aged care facilities Clause no. – Clause title: Economic development Clause no. 17.01 – Clause title: Diversified economy Clause no. 17.01-1 – Clause title: Employment Clause no. 17.01-2 – Clause title: Innovation and research Clause no. 17.2 – Clause title: Commercial Clause no. 17.02-1 – Clause title: Business Clause no. 17.02-2 – Clause title: Out-of-centre development Clause no. 17.03 – Clause title: Industry Clause no. 17.03-1 – Clause title: Industrial land supply Clause no. 17.03-2 – Clause title: Siting of industrial development Clause no. 17.03-3 – Clause title: State significant industrial precincts Clause no. 17.04 – Clause title: Tourism Clause no. 17.04-1 – Clause title: Facilitating tourism Clause no. 17.04-2 – Clause title: Coastal and maritime tourism
Clause no. 18 – Clause title: Transport Clause no. 18.01 – Clause title: Integrated transport Clause no. 18.01-1 – Clause title: Land use and transport planning Clause no. 18.01-2 – Clause title: Transport system Clause no. 18.02 – Clause title: Movement networks Clause no. 18.02-1 – Clause title: Sustainable personal transport Clause no. 18.02-2 – Clause title: Cycling Clause no. 18.02-3 – Clause title: Public transport Clause no. 18.02-4 – Clause title: Road system Clause no. 18.02-5 – Clause title: Car parking Clause no. 18.03 – Clause title: Ports Clause no. 18.03-1 – Clause title: Planning for ports Clause no. 18.03-2 – Clause title: Planning for port environs Clause no. 18.04 – Clause title: Airports Clause no. 18.04-1 – Clause title: Planning for airports Clause no. 18.04-2 – Clause title: Planning for airfields Clause no. 18.05 – Clause title: Freight Clause no. 18.05-1 Freight links Clause no. 19 – Clause title: Infrastructure Clause no. 19.01 – Clause title: Energy Clause no. 19.01-1 – Clause title: Energy supply Clause no. 19.01-2 – Clause title: Renewable energy Clause no. 19.02 – Clause title: Community infrastructure Clause no. 19.02-1 – Clause title: Health facilities Clause no. 19.02-2 – Clause title: Education facilities Clause no. 19.02-3 – Clause title: Cultural facilities Clause no. 19.02-4 – Clause title: Emergency services Clause no. 19.02-5 – Clause title: Open space Clause no. 19.02-6 – Clause title: Distribution of social and cultural infrastructure Clause no. 19.03 – Clause title: Development infrastructure Clause no. 19.03-1 – Clause title: Development contribution plans Clause no. 19.03-2 – Clause title: Water supply, sewage and drainage Clause no. 19.03-3 – Clause title: Stormwater Clause no. 19.03-4 – Clause title: Telecommunications Clause no. 19.03-5 – Clause title: Waste and resource recovery
Clause no. 19.03-6 – Clause title: Pipeline infrastructure Clause no. 19.03-7 – Clause title: Survey infrastructure Appendix 2: Possible reforms of specific provisions Ideas for discussion The following reforms to specific provisions have been identified through preliminary assessment and consultation, including through the VPP online survey undertaken in July 2017. Feedback is sought on these proposals and which should be prioritised for short term implementation. They may be implemented by Smart Planning or by other parts of DELWP, and some may be suitable for consideration by an advisory committee. The size, complexity and scope of these ideas mean implementation would occur over the long term. Visit to provide feedback on any, or all, reform proposals. ID. No. Zones Clause No. Name Modification Justification 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. Justification Maintaining consistency throughout the VPP and across various council planning schemes would increase certainty for applicants, reduce confusion, and maintain a reliable assessment framework. Local variations should occur within strong parameters to ensure consistency with the purpose and powers of the VPP parent provision, and reduce structural inconsistency between schedules across the state. Digitisation of planning scheme content and the amendment process (PSIMS) would assist in ensuring a consistent structure for schedules. 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 that can be tailored to reflect local circumstances: i. Priority Development Zone Justification These reforms are designed to improve the usability and clarity of the VPP, through renaming zones so that they better correspond to their purpose, removing unnecessary zones with more targeted controls, and using consistent terminology to limit common points of confusion.
b) Create a new Practice Note addressing advertising sign provisions, in particular outlining a mechanism by which councils can address concerns about the safety impact of signs on or near state-controlled roads where VicRoads is not a referral authority c) Update Planning Practice Note 59 – The Role of Mandatory Provisions in Planning Schemes - to reflect the circumstances when mandatory provisions should be applied. provide clearer guidance would remove a source of common confusion and uncertainty among applicants, councils and the community. ID. No. Other 49 Clause No. N/A Name Technology and the availability of documents Modification Review planning systems having regard to the following: a) Review processes for accessing planning applications and update Planning Practice Note 74 - Availability of planning documents - to encourage councils to make documents relating to permit applications available freely online via their website b) Provide a plain text version of planning schemes on ‘Planning Schemes Online’ to allow convenient ‘copy and paste’ into reports, or deliver through HTML using PSIMS. Justification Visiting a council office to view a planning application file is an anachronism that acts as a barrier to participation in the planning process. Making applications available online would bring considerable transparency benefits and improve public confidence in the planning system, as well as reducing administrative burden for councils to service requests. Some councils already do this for major applications. The data should be made available for third parties, subject to privacy considerations, to create new and innovative online tools for the community. PDF-based planning scheme provisions, while suited to printing, are difficult to interact with, and make it difficult for council planners and applicants to undertake the common task of ‘copying’ and ‘pasting’ into reports. Making a plain text version of each planning scheme would be a simple but effective time saver for practitioners. ID. No. Other 50 Clause No. N/A Name Section 173 agreements Modification Review Section 173 agreements having regard to the following: a) Their role in the planning system and whether they are overused including in local schedules b) The benefits of creating a standard agreement template that would only require minimal amendments for most purposes. Justification The use of Section 173 agreements has increased in recent years, representing a 32 per cent increase since 2004. This has cost implications for applicants, councils and the titles office. The process of drafting, negotiating and signing agreements is a common source of planning delay. Providing standard agreement templates would focus the parties on the substantive issues and reduce time and cost for all parties.