The Victorian Department of Planning and Community Development (DPCD) last week released a discussion paper titled ‘Modernising Victoria’s Planning Act.’ The paper identifies opportunities to modernise the Planning and Environment Act 1987 (Vic) (Act), with the aim of improving the Act’s efficiency and effectiveness in responding to Victoria’s changing development needs and objectives. The need for simplification of procedure, certainty and timeliness of decisions is a key focus of the review.
Members of the public may make submissions by 1 May 2009. The Minister for Planning (Minister) has also appointed an expert panel to advise on ways in which the Act can be improved.
The terms of reference for the expert panel considering the effectiveness of the Act are quite broad, so this is also an appropriate opportunity for you to raise any other issues you have in relation to planning and land development in Victoria for the Minister’s consideration.
Some of the issues that may be of particular interest are highlighted below.
Summary of key topics raised in the discussion paper
The discussion paper identifies the following issues on which views are sought:
- Review of the objectives of planning in Victoria set out in the Act, in particular whether it is necessary to reconsider the meaning of ‘environment, social and economic effects’ of a development, and whether the Act should explicitly refer to other objectives such as climate change or health and wellbeing.
- A range of potential procedural amendments, including:
- creating a shorter application process for minor permit applications
- different notice requirements depending on the nature of a permit application
- a more comprehensive permit application form to reduce delays caused by poor quality applications
- a requirement that an objection specify precisely how the grant of a permit or planning scheme amendment would affect the objector
- clarification of the enforceability of conditions on a permit that are intended to survive the completion of the development, and to reduce the need for section 173 agreements to secure compliance, and
- introduction of a standardised process for amending a permit, with related changes to the ability for a permit to allow changes to plans.
- Review of enforcement of the Act, including timeliness and cost, although no specific suggestions are raised in the discussion paper.
- Potential changes to the planning scheme amendment process, in particular the introduction of timeframes for decision making and a review mechanism, specifying who is ‘materially affected’ by an amendment and thereby limit the scope of notice requirements, and reconsidering the role of the responsible authority and the Minister in abandoning or approving proposed amendments.
- Potentially significant changes to the way in which the Act deals with development proposals of state significance (discussed further below).
- Opportunities for reduction of the regulatory burden by encouraging a level of assessment appropriate to the nature of the proposal, increasing opportunities for private certification of aspects of proposals, and a registration system for planners.
- A general review of the content of, and procedure for entering into, section 173 agreements.
Potential changes to planning law relating to projects of state significance
The discussion paper identifies some of the uncertainty and politicisation inherent in the current process relating to projects of state significance, and suggests the creation of a specific planning process to assess projects of state significance. Issues raised include:
- Including formal criteria for determining whether a proposed project is of state significance.
- Whether the Minister or another body, such as the proposed new Development Assessment Committees, should be responsible for issuing these approvals. Interestingly, the discussion paper specifically identifies windfarms over 30MW for consideration in this context.
- Consideration of various options for assessment of the impacts of a project of state significance, including:
- the concept of ‘impact assessment track’ proposed by the inter-governmental Development Assessment Forum in 2005
- preparation of an impact assessment for assessment by the department and a decision by the Minister, similar to the current process for major projects in New South Wales
- requiring an impact assessment for any project considered by the Minister to be of state significance, or one which raises major policy issues, similar to the requirement for an Environment Effects Statement under the Environment Effects Act 1978 (Vic), and
- creating separate legislation regulating the planning of state significant projects, similar to the streamlined approach for major transport projects envisaged in the proposed Major Transport Projects Facilitation Bill.
This is one of a series of proposed reforms to the Victorian planning system, among them being the proposed new residential zones, the review of planning policy and governance arrangements for activity centres and the reclassification of six Principal Activity Centres as Central Activity Centres, and the investigation of opportunities to expand the urban growth boundary. We would be happy to assist you should you wish to discuss these any of these issues or make a submission on the review of the Act. In particular, we can discuss the impacts and opportunities the proposed procedural changes may have on projects on your development program. We also have significant experience in assessment of major projects in Victoria and interstate, and also assisted the Victorian government on its proposed Major Transport Project Facilitation Bill. We are therefore well placed to discuss the merits of the various options raised for assessment of projects of state significance.
More information
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