Presented by Robert Clark MP		www.robertclark.net

RESCODE ADDS TO PLANNING UNCERTAINTY

News Release - Wednesday, 29th August, 2001

The State Opposition today warned that crucial issues remained unresolved after last Friday's introduction of ResCode.

The Shadow Minister for Planning, Robert Clark, said that while ResCode had some welcome aspects it would add to the uncertainty and complexity of the planning system.

Mr Clark added that ResCode also failed to address the concerns about VCAT raised recently by Mayors representing eight Melbourne councils.

"I welcome the fact that ResCode seeks to tighten up numerical standards, as both sides of politics promised in 1999," Mr Clark said.

"However, ResCode still allows too much scope for people to apply for permission to by-pass the standards set by ResCode, paving the way for appeals to VCAT seeking to overturn Council decisions.

"For example, ResCode states that boundary wall height should not exceed an average of 3 metres. However, a proponent can apply to have a wall height of, say, 3.5 metres on the grounds that the proposal still respects neighbourhood character and limits its impacts on amenity, and thus should be allowed.

"Council can make a decision on such an application, only to find that decision overturned by VCAT.

"Both sides of politics promised in 1999 to bring greater certainty to the planning system, but ResCode places greater reliance on subjective criteria and qualitative standards."

Mr Clark said that Councils were justified at expressing concern about the role of VCAT in the planning system.

"Where an applicant makes major changes to plans between Council and VCAT, those plans should be referred back to the Council for consideration unless the Council agrees otherwise.

"The best way to avoid VCAT second guessing Council decisions is to bring greater certainty and simplicity to the planning system, and ResCode fails to do that.

Mr Clark said that the new ResCode rules on single dwellings were likely to cause confusion and frustration for councils, residents, planners and builders alike.

"Councils are given only 15 business days to make a decision on applications under the Building Regulations to vary ResCode standards for single dwellings.

"This will allow very little time for neighbours to be notified and to make submissions to the Council. Yet if Council decides against the neighbours, the neighbours have no right of appeal - only an applicant is allowed to appeal to the Building Appeals Board if dissatisfied.

"The ResCode rules don't even say whether neighbours have the right to be given copies of the documents lodged with the application.

"From a builder's point of view, many applications will not be decided with 15 business days, leading to numerous appeals and delays," Mr Clark said.