Presented by Robert Clark MP		www.robertclark.net

RESCODE RISKS CONTINUING PLANNING UNCERTAINTY

News Release - Thursday, 24th May, 2001

The ResCode model announced by the Government risks continuing - and in some aspects increasing - complexity and excessive subjective decision making in the planning system, the Shadow Minister for Planning, Robert Clark said today. This risks ongoing uncertainty and disputation for residents and developers alike.

"After two false starts, the Government has at last made a decision on how it intends to tackle some of the problem areas in residential planning which both sides of politics promised to tackle in 1999, such as setbacks, overlooking and overshadowing," Mr Clark said.

"However, ResCode allows the planning standards which it sets to be varied on a case by case basis by Councils or by VCAT. This creates the risk that they will become 'Clayton's standards', which residents will be forced to defend against appeals to VCAT.

"The subjective nature of many of the objectives and standards also risks making it hard for developers to know where they stand.

"Too much remains up for grabs, too much depends on the opinion of the individual decision-makers and there remains too much scope for VCAT or others to allow unacceptable developments that don't meet the standards.

"Some flexibility in the system for the truly exceptional proposal or unforeseen circumstances is a good thing, but under the ResCode model case-by-case trench warfare between developers and residents is likely to break out again once people start testing the limits of the rules."

Mr Clark said other concerns about the ResCode model included:

- the potential to turn the building approvals system into a de-facto second planning system, with its own rules and procedures, creating new complexity and uncertainty along the way;

- limited protection for neighbours if a building surveyor wrongly allows a building in breach of standards to proceed;

- uncertainty about what rights neighbours will have in objecting to single dwellings that don't comply with the building standards;

- giving Councils on paper the right set local standards, but not spelling out what standards the Minister will allow them to adopt in practice; and

- uncertainty as to whether Councils will be allowed to introduce their own local standards before ResCode comes into operation.