Posted 30/5/09
"Education Facilities"
52.40 Planning permits are not required for any buildings and works.
52.40 Building surveyors can now approve development at and for schools that receive Federal funding, if 'tick box' criteria are met.
52.40 If one of the 'tick box' criteria isn't met, or an overlay applies, the Minister for Planning makes the decision (although the Advisory Note* BER certification process flow chart doesn't include a requirement for criteria to be met or referring non-compliant proposals to the Minister).
52.40 No third party rights attach - new approval process by-passes the Planning and Environment Act.
52.40 Overturns planning scheme prohibitions on demolition or buildings and works, and any scheme requirements for development to occur in a particular manner (for example, larger setbacks or specific building materials to be used).
52.40 Yarra Ranges' State provision at Clause 53 has been amended to allow 52.40 to over-ride the YR Regional Strategy Plan.
52.40 Overturns planning scheme provisions, upholds local law. Normally, local law is subservient to a planning scheme.
52.40 Takes decisions off Councils, but Advisory Note* says Councils are to enforce decisions of Minister and building surveyors.
52.40 Advisory Note* (but not Clause 52.40) says Councils will be provided with a copy of a proposal and an opportunity to provide comment.
52.40 Up to 5 native trees can be removed without a permit as long as they aren't more than 40cm diameter at 1.3m above ground level.
52.40 Buildings over 12 metres high can be approved by the Minister.
"Social Housing"
52.41 Decisions are made by the Minister for Planning.
52.41 Planning permits are required but can only be assessed and issued by the Minister.
52.41 Applications are to be assessed and signed off as correct by private planning consultants.
52.41 Extinguishes third party rights i.e. residents' rights to know about, object to and appeal against use and development.
52.41 The New provision and new process applies to an application under any provision of the scheme to use land, construct a building or carry out work for accommodation. Note: the definition "accommodation" includes more than social housing, i.e. it includes all forms of residential and paid accommodation.
52.41 Council comments considered in decision (Advisory Note* says copy of proposals will go to councils for comment)
52.41 Advisory Note* says reports required for overlays but this is not included in 52.41 Application Requirements.
52.41 Advisory Note* says applicants should meet with Council before submitting, and submit a summary of their discussions with Council with the application.
52.41 No limits on heights - Advisory Note* says refer to Clause 19 and Higher Density Housing Guidelines for development over 4 storeys.
52.41 Applies to applications made after 22 May 2009. Advisory Note* (but not Clause 52.41) also says existing permits can be amended.
52.41 VC56 Explanatory Statement says VC56 directly supports Clauses 11 and 16 - encourages a mix of private, affordable and social housing in activity centres, strategic redevelopment sites and central activities districts. Nothing in the Clause or Advisory Note* says only social housing can be approved or will be built; provides scope for some social housing in other (non-social) projects.
Both "Education Facilities" & "Social Housing"
Both No reference to Floodway Zones as a planning constraint (with Floodway, Inundation and Special Building overlays).
Both No process provided for when a Development Plan Overlay applies but there is no approved Development Plan.
Both Applications to have consents from agencies and land managers, but no referral process referenced. Not clear if Section 55 applies. Not clear who refers applications.
Both Development in green wedge land can be approved by the Minister.
Both Development, buildings and works can occur in any zone, anywhere in the State.
Both Nothing in either provision (52.40 or 52.41) ties them to the relevant Advisory Notes*.
Both Advisory Notes* include disclaimers - State does not guarantee Advisory Note* is without flaws, or is wholly appropriate, and disclaims all liability for any error, loss or other consequence of relying on information in the publication.
NOTE: * Advisory Notes carry no statutory weight - they are advisory, not mandatory. They are not binding.