‘FROM THE TOP’

VPELA Presentation

Kathy Mitchell, Chief Panel Member

11 June 2014

Introduction

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Relevant Legislation

Types of Referrals

Key matters in the past 12 months

PPV ‘in house’ Issues

Updates to Planning and Environment Act 1987 – impacts on PPV

Applicable Legislation

Planning Scheme Amendments: Planning and Environment Act 1987 s153, s155

Combined Planning Scheme Amendment and Permit Applications: Planning and Environment Act 1987 s96B, s153, s155

Advisory Committees: Planning and Environment Act 1987 s151, and a new s152

EES Inquiries: Environment Effects Act 1989

Major Transports Projects: Major Transport Projects Facilitation Act 2009, s35 and s235

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Types of Matters generally Considered

Planning Scheme amendments – 80% of workload: 130 – 150 cases per year

Combined Amendments and Permits – varies 10 to 20 per year

Advisory Committees and Standing Advisory Committees – varies from five to eight per year

Environment Effects Inquiries: up to five per year

Major Transport Projects: one to date, potentially three in 2015

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Residential Zones SAC

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Terms of Reference – issued 28 January 2014, updated 7 May 2014

Two PSA processes – Frankston (not supported) and Geelong (generally supported)

14 Councils for Stage 1 process – report due 19 June

Stage 2 – commencing in July

Residential Zones SAC

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19 Members (one Chair, 6 Deputy Chairs, 12 Members)

14 Planning Schemes (metro and regional)

1,566 Submissions

12 Hearings

42 Days of Hearings

432 Requests to be heard

Moonee Valley Racecourse Redevelopment

Advisory Committee appointed to assist resolve issues between Moonee Valley Council and Moonee Valley Racecourse

Terms of Reference with four clear stages of work

Early involvement re how and in what form two Amendments should be placed on exhibition (redevelopment proposal and heritage)

Interim report issued that highlighted range of issues to be addressed through the Amendment and by the Council and Club

Public hearing process over 4 weeks in September, report issued in December

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Surf Coast C66

Amongst other matters, where should the town boundary be in Torquay? Spring Creek identified as future growth area since 1980s

Following on from the ‘Red Shirt’ community movement, Council changed its strategic planning direction

Amendment sought to change the boundary from Spring Creek, west of Duffield Road - 537 submissions, 14 day hearing

Panel supported non-contentious elements of Amendment, and while acknowledging significant community concern, it reaffirmed the long held strategic planning approach and vision for Torquay

Council rejected Panel recommendation, area rezoned to Urban Growth via s20(4) Amendment

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Wyndham C171 and C172

Westbrook and Ballan Road PSPs

1137ha; approximately 11,000 dwellings

57 submissions, 8 day hearing

Key issues: public open space; the Wyndham Transport and Land Release Strategy; housing; road cross sections; the Biodiversity Conservation Strategy; and land encumbered by flooding.

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Wyndham C175, C176, Wyndham North DCP, 9 s96a permit applications

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2193ha; approximately 21,000 dwellings over two precincts

DCP includes $750 million worth of projects over four precincts

Nine planning permits covering approximately 25% of the precincts

94 submissions; 24 day hearing

Sequencing of development and public open space; regional open space; biodiversity and conservation; timing of infrastructure; subdivision design; design and location of activity centres; design and location of public open space and community facilities; road and bridge design; and access issues.

Road and intersection design; project priorities; scope creep; treatment of rail crossings; treatment of small waterway crossings; allowance for open space; apportionment; land valuation methodology; and project costing methodology.

Macedon Ranges C66

First review of MSS since late 1990s and implementation of Settlement Strategy

Panel support for proposed hierarchy of settlements, but questioned basis of population levels

Level of growth in Woodened and response to proposals for extending the town particularly contentious

Interim report issued to provide guidance on revisions and restructuring of MSS

Council undertook extensive post hearing consultation, brought it back to Panel and after a one day hearing, report finalised

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East West Link

Major Transport Projects Facilitation Act 2009

Used for ‘declared’ projects, first used for East West Link Comprehensive Impact Statement

Terms of Reference for appointed Assessment Committee (6 members)

Act prescriptive re procedure, timing (of all aspects of the hearing process and report delivery), consideration of issues

30 hearing days (LMA, 5 Councils, 7 MPs, 70 organisations, 170 individuals, 37 experts) 528 tabled documents, 30 day write up

External advisers, Legal counsel assisting – very strong and positive roles

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PPV ‘In House’ Issues

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Privacy re submissions – primary and secondary purpose

Conflicts of interest – how does PPV manage this?

Selection and number of members for various matters – whose call?

Guidelines – submission of expert evidence

Directions Hearing – procedural, evidence, issues

Transformation of amendments - how is the call made?

Continuity of Members on like matters – potential conflict or might certain members be seen to have preconceived opinions?

Updates to PE Act – Specific Relevance to PPV

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Introduced into Act on 28 0ctober 2013, included key reforms:

Mandatory consideration of social and economic effects when preparing PSA : s12(2)(c) “must take into account its social effects and economic effects” (previously said may) – unknown impacts, but for example, may impact on consideration of heritage matters

Abolished DACs, replaced with PACs: Part 4AA, s97MA – s97MI. Committee appointed – not sure if there have been any requests

Proponent submissions: s24(d) – Panel appointed on basis of submissions received, technically, a loophole change

Referral authorities – determining or recommending: s55 (3), (4)

Updates to PE Act, cont

Powers of an Advisory Committee: s152 – same as Panel appt under Part 8 re directions, equity and good conscience, cross examination, right to be heard, representation ss159, 161(1), (3), (5), 162 – 165, and 169

Directions Panel: s158A and s158B – Minister may appoint Directions Panel, member(s) not required to be a member appointed to the Panel under Division 1 ss153 – s158

Immunity for Panel members: s170 - liability attaches to State – not to member of Panel if ‘done in good faith’ (change from ‘no legal proceedings’ clause)

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Upcoming Challenges

Potential for three major transport projects in 2015 – each will last for about 8 months and needs a full dedicated team, including Members and support staff

Efficiency and transparency

Ensuring all members provide excellent service and commitment

Will trial Directions Panel in near future – if required

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How is PPV Performing?

That is something you need to tell us, but ….

Use of Ministerial Direction No 15, set time frames, written directions, well written reports – all has led to better outcomes.

Always room for improvement – always looking to enhance overall performance

PPV and industry roundtable – every 2-3 years – to be held mid 2014 (Councils, consultants, agencies, legals, independent Chair)

We look forward to your comments and feedback ….

THANK YOU

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