The Law Handbook 2024

Chapter 11.3: Environment and planning law 1017 Planning authorities Planning schemes and amendments are prepared by planning authorities, which are usually local councils, but can also be the Minister for Planning, or another minister or public authority appointed by the Minister for Planning (ss 7–9 PE Act). Planning schemes are administered and enforced by responsible authorities, which again are usually local councils. The Minister for Planning administers and enforces some planning schemes. Victoria Planning Provisions The VPPs comprise a standard set of planning provisions for planning schemes across Victoria. These provisions are under the central control of the Minister for Planning (Pt 1A PE Act). A planning authority must have regard to the VPPs when preparing or amending a planning scheme (s 12(2)(aa) PE Act). A local council can amend the standard provisions of a planning scheme in force in its municipality (ss 8A, 9(2)), but only by including or deleting a provision, not by altering its substance (s 10(1)). Planning schemes based on the VPPs contain: • state and local policy and strategic statements; • a selection of standard land-use zones, with or without provision for specific planning permission ( see ‘Planning permits’, below); • a range of permissible overlays, which generally denote more permanent characteristics of particular areas of land (e.g. vulnerability to bushfires) and require stated methods of management or permits for developments; • particular provisions – these cover a range of subjects (e.g. the removal of native vegetation); • incorporated documents; • definitions; and • planning maps that show the location of zones and overlays – all land in Victoria is zoned and may have one or more applicable overlays. Amending planning schemes Proposed changes in land use and large development proposals may lead to an amendment of the planning scheme (known as ‘rezoning’, although planning scheme amendments also alter planning policy or apply new overlays). Amendments are formally proposed by the relevant planning authority. Amendments only become law after they are: 1 adopted by the planning authority (s 29 PE Act); 2 approved by the Minister for Planning (s 35); and 3 published in the Government Gazette (s 36). Amendments must be tabled in parliament and can be revoked by either House of Parliament (s 38). Notice of a proposed amendment must be given to the Minister for Planning, public authorities, municipal councils affected by the amendment, and any land owners or occupiers ‘materially affected’ by the amendment (ss 17–20A PE Act). Giving individual notices to all the owners and occupiers is not required if the planning authority considers that the number of owners and occupiers makes it impractical (s 19(1A)–(1B) PE Act). Instead, the planning authority must make sure that a public notice is given of the amendment in the area affected. A copy of the amendment must also be made available in accordance with the public availability requirements. This is satisfied by making the relevant documents available for inspection at the offices of the planning authority (ss 21(2), 197A–D) PE Act). The Minister for Planning can give a planning authority an exemption from the requirement to give notice of an amendment. This formal exemption must be given even when the Minister for Planning is the planning authority (s 20 PE Act). No exemptions are allowed when the amendment involves the reservation of land for public purposes or the closure of a road (ss 19(1C), 20(3)). The Minister for Planning may exempt themselves from the requirement to give notice of an amendment if the Minister considers that compliance is not warranted or that the interests of Victoria or any part of Victoria make such an exemption appropriate (s 20(4) PE Act). A planning authority is required to take an integrated approach to decision-making in the making and amending of planning schemes (VPPs, cl 71.02–3). The imperative is to achieve a ‘net community benefit and sustainable development for the benefit of present and future generations’. Public comment on proposed changes to planning schemes Anyone can make a submission about an amendment, and joint submissions can be made on behalf of a group of people (s 21, 21A PE Act).