The Law Handbook 2024

1018 Section 11: Rights, activism and fair treatment at work If there is disagreement about an amendment, the Minister for Planning usually appoints an independent panel to hear submissions and make recommendations to the planning authority (s 23 PE Act). The panel must consider all submissions given to it and provide all people who have made submissions and all relevant authorities a reasonable opportunity to be heard (s 24). Panel reports must be made public (s 26). A submission may not request ‘a change to the terms’ of a state standard provision (a provision of the VPPs: s 7) to be included in a planning scheme by the proposed amendment. However, a submission may request that a state standard provision be wholly included or wholly deleted (s 21(3), (4) PE Act). The planning authority must consider the panel’s report before deciding whether to adopt the amendment (s 27 PE Act). After adopting the amendment, the planning authority must submit it to the Minister for Planning. The minister can require that more notice be given (s 32), or approve the amendment with or without changes, or impose conditions, or reject the amendment. Anyone affected by ministerial changes to an amendment can make submissions directly to the Minister for Planning. The minister can appoint a panel to hear submissions and make recom- mendations about changes to the amendment (s 34 PE Act). A planning authority must take into account any significant effects which it considers the planning scheme or amendment might have on the environment or which it considers the environment might have on any use or development envisaged in the scheme or amendment, as well as any social and economic effects of an amendment (s 12(2)(b), (c) PE Act). If an environment effects statement ( EES ) is also required, the panel can consider submissions on the planning scheme amendment and the EES. If a project facilitated by an amendment is likely to have significant effects on a matter of ‘national environmental significance’ (e.g. a nationally listed endangered plant or animal species), it must be referred for consideration and potentially assessed under the federal environmental impact assessment ( EIA ) system established by the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Failure to do so could result in substantial fines. If any of the procedural requirements for an amendment are not complied with, any person substantially or materially affected by the failure can refer the matter to VCAT within one month of becoming aware of the failure to comply (s 39 PE Act). VCAT can: • make a declaration about the status of the amendment; • direct the planning authority to not adopt the amendment; or • direct the Minister for Planning to not approve the amendment. VCAT’s power to make binding declarations is contained in section 124 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (‘ VCAT Act ’) (see also s 149B PE Act). Planning permits What is a planning permit? A planning permit is a permit issued by a responsible authority that allows the permit holder to undertake a particular activity or development on a particular piece of land. The permit usually sets out the conditions that apply to the activity or development. Planning schemes specify when a planning permit is required to use and develop land. Planning permits may also be required by overlays. A permit to undertake a land use or development may be granted subject to conditions. Considering the uniformity and generality of the standard provisions of the VPPs (see ‘Victoria Planning Provisions’, above), the discretion to grant permits – and the conditions that might be attached to them – are important in tailoring planning regulation to the unique needs of local environments. When is a planning permit required? Planning schemes specify when a planning permit is required to use and develop land. Decisions about planning permits are made by a responsible authority (usually a local council) under the PE Act. Decision-making on permits is often called ‘statutory planning’. The responsible authorities are in charge of issuing planning permits and ensuring that planning schemes and permits are complied with (ss 13, 14 PE Act).