The Law Handbook 2024

1020 Section 11: Rights, activism and fair treatment at work Under the PE Act (ss 55–56A) and clause 66 in all planning schemes, there are two types of referral authority: • determining referral authorities – these authorities can require a permit to be rejected, or for conditions to be applied to a permit; and • recommending referral authorities – the advice of recommending referral authorities only needs to be considered by a responsible authority in deciding whether to grant a permit. If a referral authority requires certain conditions to be included in a planning permit, the responsible authority must include those conditions before it grants the permit (s 62(1)(a) PE Act). A permit to develop coastal Crown land must not be granted unless the minister administering the Marine and Coastal Act 2018 (Vic) has consented under that Act to the use or development (s 61(3) PE Act). A referral authority has specific duties that it must carry out under the PE Act (s 14A). A referral authority must: • consider the objectives of planning in Victoria; • consider the directions of the Minister for Planning; • comply with the PE Act; • consider the land’s planning scheme; and • provide information and reports as required by the Minister for Planning. Objections by the public The general position under the PE Act is that anyone who may be affected by the grant of a planning permit can object to the permit. However, there are significant exceptions for certain types of permit applications. If there is a right to object, the objection must be made to the responsible authority in writing and should be lodged within 14 days of the notice of the application being given by the responsible authority, as the responsible authority is prevented from deciding on the application until 14 days have elapsed from the giving of that notice (s 59(2)(b) and (3)(b) PE Act). The responsible authority may have a standard form for objections. Objections should state the reasons for the objection and how the objector will be affected by the proposed land use (s 57 PE Act). This does not necessarily mean that the objector has to show how they are personally affected, as objections may be based on broad public interest issues. VicSmart reforms The VicSmart reforms introduced in 2014 and 2017 significantly reduced the notice and objection rights for many developments. Key features of VicSmart: • a 10-day permit process; • applications are not advertised; • information is to be submitted with an application and what council can consider is pre-set; and • the application is decided by the Chief Executive Officer of the council or delegate. Applications that qualify for VicSmart must be: • classified as a VicSmart application type; • located in a specific zone or overlay; and • meet the criteria. Examples of types of applications listed by VicSmart include some types of subdivisions, buildings and works in zones or overlays, and advertising signs. For more information about VicSmart, see www. planning.vic.gov.au/guides-and-resources/guides/ all-guides/vicsmart-permits . Relevant considerations Considerations: Granting a permit The responsible authority must consider a number of matters when deciding to grant a planning permit. These considerations are set out in the PE Act (s 60(1)) and planning schemes. The responsible authority must consider: • the relevant planning scheme; • the objectives of planning in Victoria; • all objections and other submissions that it has received and which have not been withdrawn; • any decision and comments of a referral authority that it has received; • any significant effects that the responsible authority considers the use or development may have on the environment, or that the responsible authority considers the environment may have on the use or development; and • any significant social effects and economic effects that the responsible authority considers the use or