Archive: Victorian Planning and Environment Act "Review"
Last Updated 14/12/10
PLEASE GO TO THE 2015 ADDRESS FOR PLANNING ISSUES: www.delwp.vic.gov.au
(20/11/10 - CC) RV says changes that give developers and their consultants the right to rezone and run an amendment process is privatizing planning in Victoria.
Ratepayers' Victoria opposes changes the Brumby government proposes to make to the Planning and Environment Act. Those changes are waiting in the wings until after the State election on November 27 because the current opposition parties in the Upper House wouldn't support them. Here's what RV says:
"The Brumby Government Planning Minister has produced a draft Bill designed to implement changes to the Victorian Planning & Environment Act that will allow 'authorised persons' (developers and their consultants) to prepare planning scheme amendments, exhibit changes, and receive submissions.
If this virtual privatisation of planning process is implemented, it will affect the authority of every Victorian council, including yours, and communities will no longer have a say in local planning matters. Ask State election candidates what they intend to do about this, and in the meantime, please support the petition being circulated, and return by 3rd December 2010.
Ratepayers Victoria,
PO Box 1057,
Huntingdale, VIC, 3166
Fax 9579 7300"
Click here for a petition sheet.
MRRA Says:
Please sign this petition. The changes our State government want to make to the Planning and Environment Act are devastating. They dis-empower councils, tear away any pretence of YOU having rights or a say in what happens to where you live, and put all the power in the hands of developers and the Minister. Accountability and transparency? Haven't noticed any.
(22/5/10 - P) Joke Joyce - only an 'improvement' if you are a developer.
The State government's proposed changes to a critical piece of legislation - the Planning and Environment Act - provide more evidence of a mindless 'at any cost' development and growth agenda. A key issue is the attempt to set up a separate planning process for proponents of development, to make it easier for them to get what they want. Ordinary people are shut out, while developers get a 'fast-tracked' process where the Minister makes the decisions - developers even get to run their own planning scheme amendments to rezone land to fit their development.
MRRA Says:
Last time we looked this wasn't called good planning - in fact, it isn't called planning at all. It's also not democracy, accountability, transparency or equity. Oh, well, shouldn't be surprised, 'mates rates' usually aren't. It would be laughable if it wasn't so despicable.
Now the only thing standing between Victoria and this disaster is the Upper House. And an election in November, of course...
Draft "Modernized" Planning & Environment Act Exhibited Over Christmas (As You Do)
(11/12/09 - P) A stunning effort by the State government to smother developer-driven changes to Victorian planning law
It was announced today that the government's developer-driven changes to what once was the Planning and Environment Act will be exhibited over Christmas, with comments on this huge document to be lodged by February 12, 2010. This builds on the exhibition of the draft State Planning Policy Framework over the same period, with submissions due on February 2, 2010.
One of the features of the government's changes to the 'modernized' Act is new provisions allowing developers to run their own amendments to planning schemes. See Age article http://www.theage.com.au/national/privatisation-fears-over-planning-20091210-km96.html
You can find out more by going to the Department of [Planning and Community] Development's website:
http://www.dse.vic.gov.au/DSE/nrenpl.nsf/LinkView/300DEE310E06EC9FCA2574D60005024499FE6C07FF6B0199CA2572CF007BCEE9
MRRA Says:
Your time may be better spent simply lobbying the opposition Upper House members (all of the ones not in government) to block the amendment of the Act going through parliament. A minimum requirement is for the "consultation" period to be extended to something realistic (if consultation is really the aim).
The State government certainly doesn't seem to 'get' the concepts of consultation, equity, accountability, environment or planning. Probably because the only word it seems to recognise if not worship these days is plain old development. That of course comes with a 'whatever it takes' mentality in the quest to repay the generosity of those who now bankroll the government - the development industry. Everyone else obviously doesn't count and apparently deserves to be crushed underfoot, as is happening.
Feedback Needed On Response Papers - Planning and Environment Act Review
(29/8/09 - P) At first glance, many of the changes being proposed (as discussed in the Response Papers) seem a response to developer pressure, undermining current standards and failing to produce the more open, more accountable planning wanted by the community.
Some key proposed changes to amendment and planning permit processes will roll back existing levels of certainty and accountability in favour of expediency. We couldn't find a date by which feedback should be given, but it seems the "revised" Act is due to go before parliament in November, so put your feedback in asap. "Rethink" is a word which comes to mind that may be useful...
Please read the Response Papers and have your say.
For more information and copies of the Response Papers, click Five response papers or go to
http://www.dse.vic.gov.au/DSE/nrenpl.nsf/LinkView/300DEE310E06EC9FCA2574D60005024499FE6C07FF6B0199CA2572CF007BCEE9
(2/4/09 - P) Discussion Paper now available, submissions due 1 May, all Victorians affected.
The Victorian government is reviewing the Planning and Environment Act, which came into being in 1987 under the former Cain Labor government, replacing the Town and Country Planning Act. In early 2008, the government flagged its intention to review the P&E Act. The Act is the legislation which underpins planning schemes, planning decisions, appeals to VCAT, planning panels and all land use and development in Victoria. What's in and not in the Act, and its successor Act, affects all Victorians.
To kick off the review, the government has released the Planning and Environment Act Review discussion paper, which can be downloaded, and is calling for public submissions by 1 May 2009.
The Minister for Planning has appointed an expert panel to provide ideas and advice for the review. The expert panel members are:
Try this link to get all the info on the Review and how to make a submission:
http://www.dse.vic.gov.au/DSE/nrenpl.nsf/LinkView/300DEE310E06EC9FCA2574D60005024499FE6C07FF6B0199CA2572CF007BCEE9
or go to www.dpcd.vic.gov.au and follow the trail: Home > Planning > Policy and Projects > Improving the System > Legislation Reform
You can request a copy of the Discussion Paper by calling the Department of Planning on 1300 366 356. The name of the paper is "Modernising Victoria's Planning Act", March 2009.
MRRA Says:
We haven't got to the discussion paper yet, but the title of the Review, "Modernising Victoria's Planning Act", seems sufficiently euphemistic to suggest major change is proposed. It will all come down to what is considered 'modern' and what is 'agenda'. A good pointer will be any new name the Act may be given. At present it is the PLANNING and ENVIRONMENT Act. In some states it's the DEVELOPMENT Act. Any separation of planning from environment in Victoria would, in our view, be a backward step.
As for what direction the review might take, we have heard some whispers that one of the reference documents, Leading Practice Model for Development Assessment (http://www.daf.gov.au/reports_documents/leading_practice.aspx for more information) is held in high regard and will be a driving force behind the direction a 'new' Act will take.
The government has long threatened to take planning decisions out of the hands of Councils and redirect them to 'independent' regional assessment panels. We've heard the South Australian model is viewed favourably. See the South Australian government's website for more information about Development Assessment panels http://www.planning.sa.gov.au/go/development-applications/assessment-processes-explained/assessment-authorities/development-assessment-commission-dac
MRRA knows all too well how things can go wrong when Councils make planning decisions (groan). However, would that justify creating another layer of more remote decision-making? Would moving decisions out-of-Shire guarantee better decisions (we need look no further than 'expert' VCAT for examples of some awful decisions)? In rural areas, would it improve residents' access to decision-making or make it even more remote than it is now, further disempowering ordinary people? Would it make it easier for developers to have their way?
There are a multitude of issues the review will deal with, and it is likely there will be much change proposed, additional to the fundamental shift any introduction of development assessment panels would represent. You are entitled to be suspicious until proven otherwise. For example, the collection of documents upon which the review relies do not suggest environment will rate highly, and unsuccessful attempts have already been made to remove residents' rights through the State's new residential zones. You need to make absolutely certain those rights remain intact in any review of the Act that bestows them.
MRRA highly recommends you read the Discussion Paper very carefully, and make a submission.