Victorian Political News		www.robertclark.net

State Planning Agenda announced

The Minister for Planning, Mr John Thwaites, has announced the new Government's "State Planning Agenda".

Announcing the Agenda, the Minister commented:

"The Government wants to move immediately to deliver on its pre-election commitments and restore a sensible balance to planning in Victoria.

"The previous Planning Minister refused to place height controls on the Port Melbourne foreshore and allowed buildings up to 18 storeys.

"The days of adhoc ministerial intervention that characterised the previous government are now over.

"In the past deals were done behind closed doors. Now everybody will be able to see what is going on.

"Victorians want greater influence over what is happening in their streets, suburbs and towns. They want greater protection of neighbourhood character and amenity. Victoria also needs a prosperous building industry and increased investment and growth.

"The actions outlined in the Agenda will ensure Victoria has a planning system that facilitates economic growth while also reflecting the values and concerns of the community.

"A single, comprehensive residential housing code will replace the dysfunctional Good Design Guide and VicCode1. The new Code will be developed in full consultation with all stakeholders, and a program for this consultation is now being developed.

"Councils will also be encouraged to identify areas within their municipality that are appropriate and inappropriate for development."

Responding to the announcement, the Shadow Minister for Planning, Mr Robert Clark, described the statement as "much ado about very little" and pointed out that it did nothing to help the vast majority of residential planning disputes involving issues of setbacks, overlooking and overshadowing and the rules for single dwelling developments.

"If it is good enough for Mr Thwaites to introduce immediate interim foreshore height controls to apply in his own electorate of Albert Park, why won't he also introduce interim measures on the key issues of setbacks, overlooking and overshadowing."

Mr Clark said the Government had failed to give any legal force to its promise to consult with local councils before Ministerial intervention.

"If the Government is committed to its proposals regarding Ministerial interventions, it should be prepared to enshrine them in legislation.

"However, the Government's promises are set out only in a departmental "practice note", which has no legally binding effect at all."

The State Planning Agenda includes the following:

• finalisation of the new format planning schemes initiated by the previous Government (p.5)
• a pilot program for "continuous improvement" of the new format planning schemes (p.6)
• preparation of a Metropolitan Strategy for strategic planning of urban Melbourne, commencing with a Future Directions Report on metropolitan strategic issues by September 2000 (p.6)
• examination of options for a "more integrated format" for the State Planning Policy Framework (p.6)
• establishment of an "Infrastructure Planning Council" for the Government "to receive advice on strategic infrastructure needs from stakeholders across metropolitan and regional Victoria", to start work by early 2000 (p.6)
• release of the latest set of population projections for Victoria in January 2000 (p.7)
• release early next year of the third Residential Land Release Forecast for metropolitan Melbourne, together with expanded "land-use monitoring and forecasting activities" (p.7)
• reassessment of the "relevance and appropriateness" of the Retail and Activity Centre Policy as part of the Metropolitan Strategy review (p.7)

Procedural arrangements

• a departmental Practice Note setting out guidelines on Ministerial ministerial interventions in relation to planning schemes, permit applications, appeals and heritage matters (p.8)
• expansion and reshaping of training and support for councillors, council officers and stakeholders (p.9)
• a new Practice Note on the writing of local policy, to be released later in the week (p.9)
• draft new guidelines for assessing soical, economic and environmental effects to be issued for public comment by mid-2000 (p.9)
• meeting annually with local councils, including a first Metropolitan Planning Summit to be held in February 2000, followed by the first Rural and Regional Local Government Summit (p.9)
• a Practice Note on access to documents associated with a permit or amendment proposal to be released "shortly" (p.10)
• new advertising requirements for planning applications (p.10)
• new guides on the planning system for people and councils (p.10)

Fees and Development Contributions

• completion of the review of planning fees commenced by the previous Government, with a draft Regulatory Impact Statement currently being finalised, and new regulations to be in place by 1 July 2000 (p.10)
• a major review of the system of Development Contribution Plans, currently underway and to produce recommendations by March 2000 (p.11)

Residential Planning

• extension of the terms of reference of the Standing Advisory Committee established by the previous Government, to include car parking and density, with the Committee to report by 31 March 2000 (p.13)
• a proposed new code for residential development next year with an emphasis on neighbourhood character, to replace the Good Design Guide and the previous Labor Government's Vic Code 1, involving establishment of a Reference Group in December 1999, workshops in February 2000, and an internet site and telephone hotline to receive opinions on drafts of the new code as it is developed (p.13)
• draft Practice Notes on what neighbourhood character is and how residential strategies can be developed with neighbourhood character in mind (p.14-15)
• allowing councils to decide which parts of their municipality are more appropriate for medium-density housing, provided they do not curtail the overall supply of new forms of housing (p.15)
• interim height limits for foreshore development (p.16) - introduced by the Minister in the municipalities of Hobson's Bay and Port Phillip, with prescriptive height controls to be included in the City of Frankston's new format planning scheme in accordance with the Council's Municipal Strategic Statement, and interim prescriptive height controls requested by the Mornington Peninsula Shire Council in their recently approved new format planning scheme
• confirmation of the changes relating to the "7 km rule" and planning permits for single dwellings on lots of up to 500 sq metres, announced on 7 December (p.16)
• proposed legislative amendments on restrictive covenants to require that where a covenant applies to land subject to a development application, the Council and VCAT consider any objections from beneficiaries before deciding on the application. (p.16)
• proposed legislative amendments to increase penalties for illegal demolition and breaches of planning law (p.17)
• guidelines on urban design frameworks and urban context reports and a standard format for urban design guidelines to assist councils prepare local guidelines to be released in early 2000 (pp.17, 19)
• "refocussing" of the Pride of Place program to "support more strategic objectives", including a "new emphasis on community safety, environmental sustainability and community participative processes (p.17), with "up to" 70% of the $9 million three year program to go to regional towns and cities (p.21)
• any required planning permit to be obtained before a building or demolition permit is granted (p.18)
• a proposed amendment to s.24(1)(c) of the Building Act to require building surveyors to check before issuing a building permit that it is consistent with the relevant planning approval (p.18)
• continuation of the Public Heritage Program totalling $5 million this financial year, including local government projects (p.18)
• release early next year of a Victorian Heritage Strategy (p.19)
• "work with councils and community to identify appropriate locations for medium-density development", including a policy of concentration on "appropriate sites" and around public transport nodes, with medium-density possibly being excluded from some areas (p.23)
• "less car-dependent urban design", with provision of affordable lot and house sizes and types and "better street connectivity" around amenities and public transport, thus "optimising use of existing infrastructure while protecting our built heritage" (p.23)

Rural and Environmental Planning

• "protection of rural land from inappropriate subdivision, and protection of soil and water resources" through review of rural zones, assisting councils to better use information and achieving "effective coordination" (p.20)
• "strengthen the Victoria Planning Provisions" and support councils so as to sustain biodiversity, with the release in March 2000 of a biodiversity planning Practice Note (p.23)
• replacement of the Environmental Effects Act 1978 in 2001, preceded by a discussion paper in March 2000 and revised ministerial guidelines by mid-2000 (p.24)
• "resolution of planning issues in the nearshore and marine environment" (p.24)

Copies of the Agenda are available from the Customer Service Centre, Upper Plaza, 80 Collins Street, Melbourne (03) 9655 8830.

See News Release, Minister for Planning, 13 December 1999; News Release, Shadow Minister for Planning, 13 December 1999