Land Use Planning Workshop

Media Workshop

August 2012

Today we will cover:

Session 1: Planning 101– The Planning and Environment Act; Planning Authority &

Responsible Authority; resourcesSession 2: Planning in Practice

– Principles of urban design; growth area planning; DCPs & s173s; reform initiatives and

– decision making processes & pitfalls (Winky Pop)

– establishing a framework for planning the use, development and protection of land in Victoria in the present and long-term interests of all Victorians.

1996 – major reform system change with system of planning schemes constructed from the VPPs

Purpose of Planning

Why Plan?

Planners try to influence the future by: - Imagining a preferred future and adopting actions to

achieve it, or- Using research and trends, plan to adapt for those

changes or adopt measures to moderate that change - E.g. road planning – widening to accommodate more traffic, or do we look at other

forms of transport?

Why Plan?

- Certainty for the community- Consistency in decision-making- Financial sense

……..and because the Planning & Environment Act 1987 says you have to.

Old and new population projections

Relative growth of Population, Households and Dwellings – Victoria – 1981 to 2006

100

110

120

130

140

150

160

1981 1986 1991 1996 2001 2006

Year

Index (1981 = 100)

Population

Households

Dwellings

Environmental impacts - native vegetation pre 1750

Environmental impacts - native vegetation present

Session 1: Planning 101

The ActStrategic planning – Planning Authority

Statutory planning – Responsible AuthorityResources that can help you

Planning & Environment Act (1987)

- Objectives of planning; against which decisions must be tested- Establishing and amending Planning Schemes- Defining roles for Planning Authorities, Responsible Authorities and others.- It is “enabling” legislation (i.e. not prescriptive and bounded)

• Doesn’t define the scope of planning, how it should be done, or the detailed rules.

Objectives of Planningsection 4(1)

- Protect: resources, diversity and public assets;- Conserve: scientific, aesthetic, architectural, cultural or historical

buildings or places- Facilitate: sustainable use and development - Balance: present and future interests

Strategic and Statutory Planning

Strategic - longer term, vision setting– Establish a plan for the future and the framework to

achieve this– Usually the framework is the planning scheme and

amendments to it.

Statutory – implement planning scheme through rules and policies, permits and enforcement.

Roles of Council: defined in the Act

What is a Planning Authority?

- Strategic planning body- Prepares Municipal Strategic Statement (MSS), Local Policies,

Strategic Plans- Implements these through the Planning Scheme

Victoria Planning Provisions

- Sets out the ‘tools’ available to councils- every zone has 3 parts – as of right, permit required,

prohibited- every zone and overlay includes the purpose “to

implement the SPPF and LPPF”- outcome focus rather than minimum standards- How standard controls apply in each councils is guided by

State and/or Local Strategic Policy

Content of planning schemes

Municipal Strategic Statement- Strategic document setting out broad vision for the municipality- Identifies issues, proposes objectives and suggests means for

their achievement- Key local component of the LPPF at Clause 21- Ensures council objectives are in the scheme and reflected in

land use decisions- Section 12A(3) of the Act requires a MSS to contain

– Councils strategic planning, land use and development objectives;– strategies for achieving the objectives;– the relationship between objectives and strategies; and– the controls used in the planning scheme.

What is a Responsible Authority?

- Statutory planning body- Considers planning permits- Enforces planning scheme and planning permits

Main steps: planning permit assessment process

-Lodgement-Council planner decides if notice is required -Consultation with applicant and objectors-Application assessed-Council, or delegate, decides to grant a permit or refuse to grant a permit.-Review by VCAT (possible)

Refer to handout notes for further details

Referral Authorities

-Statutory referrals include DSE, CFA, VicRoads, Water Auth etc.- 32% of applications are referred-Identified in the planning scheme and sent copies of certain types of applications. They can

- object to a permit being granted - council must then refuse.- not object provided certain conditions are included - council

has discretion to refuse or grant a permit.

Objections

- Objections can be received during advertising and until a decision is made

- Any person can object but an objection must:– be made in writing– state reasons for the objection– explain how the objector will be affected by the

granting of a permit.

Assessment - must & may considerThe planner’s report must consider:- All objections and submissions- Comments or directions from any referral authorities- Any significant environmental effects of the proposal - Any significant effect the environment may have on the proposal A council may consider: - Any significant social and economic effects- Any strategic plan, policy statement, code or guideline adopted by the

Minister, government department, public authority or council - Any adopted amendments to the planning scheme - Any other relevant matter.

The Planning MeritsPlanning Permit decisions must be based on:

– The proposal, policies and scheme controls– The purpose of the zone or overlay – The reasons why a planning permit is required– The objections and their planning merits

When a council does not support officer recommendations….– It must be justified on planning grounds– The planner’s report and recommendation is public and will go to

VCAT if there is an appeal. – Must clearly set out the reasons

DelegationWho makes a decision:

– A council planner under delegation – A committee of council planners / officers under delegation – A committee of council– The full council.

Benefits of delegation: – more time for higher order priorities– officers take more responsibility for decision making– Processing time for applications is reduced– reduced workloads for councillors /officers.

Decision

A council may:- Fail to grant a permit within the specified time (60 days) - Grant a permit with conditions, or - Refuse to grant a permit on specified grounds.

A council, or its delegate, is not bound to support the council planner’s recommendation.

Enforcement

-Councils can take action to enforce the planning scheme -Involve VCAT or the magistrate’s court -Enforcement provisions are in the Planning and Environment Act 1987 -Councils generally obtain legal advice.

Planning permits - Planning permit decisions are significant - Most (95%) made under delegation; about 50 000 per annum- Processing planning permit applications is resource intensive for

councils- Decisions must be made on the planning merits of the proposal- Objections with no planning basis must not influence the

decision- Councils monitor performance information - resources, decision

timeframes, work loads etc. in the planning unit- STEP Planning

Role of Minister

- Overall responsibility for the operation of the planning system- Can initiate changes to legislation- Can initiate and approve changes to all planning schemes in

Victoria or an individual council’s scheme- Can decide major planning permit applications- Can call-in planning matters.

Role of Minister – Call in powersEstablished under S97B of the Act, can be used when:- The application raises a major policy issue and its determination

may have a substantial effect on the achievement or development of planning objectives

- The decision has been unreasonably delayed to the applicant’s disadvantage

- The use or development is also to be considered by the Minister under another Act or regulation

- The Minister usually consults with the council before calling in an application (Practice note exists)

VCAT- most applications have a right of review for the applicant and

objectors at VCAT.- VCAT is independent of the Minister for Planning and

administered by the Department of Justice- Considers the same planning matters that the council did, but

may give them different weight - May affirm, change or overturn the council decision- Decisions are final (except on point of law)- Provides comprehensive information about its operation (VCAT

performance reports)

Finding out more….

• VAGO – performance audit of planning and planning enforcement• PC - benchmarking and local government regulation report• E-planning & SPEAR Planning - Electronic Lodgement for

Subdivision, Planning & Building Applications• DPCD on-line services and products

– Planning Permit Activity Report (PPARS)– Planning Property Reports Online– iPhone app

Session 2

Planning in Practice

Urban Design Principles- Character - a place with its own identity- Continuity and enclosure - where public and private

spaces are clearly distinguished- Quality of the public realm - a place with attractive and

well-used outdoor areas- Ease of movement - a place that is easy to get to and

move through- Legibility - a place that is easy to navigate- Adaptability - a place that can change easily- Diversity - a place with variety and choice

Urban design choices• High density / low• Heritage / neighbourhood character• Transit oriented or car dependent• Use of public realm• Streetscapes and public places• Active frontages….somewhere for the clothesline and bin!

Growth Area Planning & Place making- Green field, brown field and in-fill- Growth Area Authority – statutory authority established

in 2006- Does not affect all councils- Urban growth boundary- Corridor Plans & structure plans Growth Area Infrastructure

Charge (GAIC)- Density, jobs and market forces

- Place making – public and private realm, sustained effort over time

Developer contributions & s173Allowed under the Act by:

- Planning scheme amendment process- Planning permit process- Building permit process

Also through the planning system by:- Development contributions plans (DCPs)- Conditions on planning permits- Voluntary agreements

Issues include anticipating development, cost of preparation, maintaining value over time, inadequacy of contribution

Current reform initiativesThe problem…-lack of accountability at State level -good planning is not rewarded-VPP tools are not fit for purpose-unnecessary complexity and poor resolution of State policy.

Current reform initiativesA new model…

Five point plan

Establish a performance monitoring framework including a joint State/local standing committee

Develop a State policy compendium and spatial plans that inform planning schemes

Review State provisions to ensure desired outcomes can be achieved

Improve the quality and effectiveness of planning schemes

Support the ongoing review of planning processes through the STEP planning process improvement program.

Winky Pop

- Unbiased decision making

Refer to Ensuring Unbiased Democratic Council Decision Making handout

Statutory obligation for councillors Conflict of Interest-must declare any interest in any manner that comes before a council meeting, special committee or assembly of council-Where a conflict exists, must remove themselves from the meeting and from decision making on that matter-Interests include: direct; indirect; close association; indirect financial interest; conflicting duties; applicable giftsRemaining Unbiased-Common law requirement to remain open to persuasion notwithstanding previously held views -Entitled to express a view, but must be prepared to reconsider in light of evidence and arguments-If not, council decision can be overturned by a court

Misuse of Position

Misuse of position involves a councillor: – gaining or attempting to gain advantage for themselves– Seeking to cause detriment to the council or another person

Misuse of position can include: – Improper use of information, public funds or resources– Unauthorised exercise of power– Disclosing confidential information– Improper direction and influence of a council officer