Land Use Planning Workshop

1. Land Use Planning Workshop Media Workshop August 2012

2. Today we will cover: Session 1: Planning 101 • The Planning and Environment Act; Planning Authority & Responsible Authority; resources Session 2: Planning in Practice • Principles of urban design; growth area planning; DCPs & s173s; reform initiatives and – decision making processes & pitfalls (Winky Pop)

3. Purpose of Planning – establishing a framework for planning the use, development and protection of land in Victoria in the present and long-term interests of all Victorians. 1996 – major reform system change with system of planning schemes constructed from the VPPs

4. Why Plan? Planners try to influence the future by: • Imagining a preferred future and adopting actions to achieve it, or • Using research and trends, plan to adapt for those changes or adopt measures to moderate that change • E.g. road planning – widening to accommodate more traffic, or do we look at other forms of transport?

5. Why Plan? • Certainty for the community • Consistency in decision-making • Financial sense ……..and because the Planning & Environment Act 1987 says you have to.

6. Old and new population projections

7. Relative growth of Population, Households and Dwellings – Victoria – 1981 to 2006

8. Environmental impacts - native vegetation pre 1750

9. Environmental impacts - native vegetation present

10. Session 1: Planning 101 The Act Strategic planning – Planning Authority Statutory planning – Responsible Authority Resources that can help you

11. Planning & Environment Act (1987) - Objectives of planning; against which decisions must be tested - Establishing and amending Planning Schemes - Defining roles for Planning Authorities, Responsible Authorities and others. - It is “enabling” legislation (i.e. not prescriptive and bounded) • Doesn’t define the scope of planning, how it should be done, or the detailed rules.

12. Objectives of Planningsection 4(1) • Protect: resources, diversity and public assets; • Conserve: scientific, aesthetic, architectural, cultural or historical buildings or places • Facilitate: sustainable use and development • Balance: present and future interests

13. Strategic and Statutory Planning Strategic - longer term, vision setting • Establish a plan for the future and the framework to achieve this • Usually the framework is the planning scheme and amendments to it. Statutory – implement planning scheme through rules and policies, permits and enforcement.

14. Roles of Council: defined in the Act

15. What is a Planning Authority? • Strategic planning body • Prepares Municipal Strategic Statement (MSS), Local Policies, Strategic Plans • Implements these through the Planning Scheme

16. Victoria Planning Provisions • Sets out the ‘tools’ available to councils • every zone has 3 parts – as of right, permit required, prohibited • every zone and overlay includes the purpose “to implement the SPPF and LPPF” • outcome focus rather than minimum standards • How standard controls apply in each councils is guided by State and/or Local Strategic Policy

17. Content of planning schemes

18. Municipal Strategic Statement • Strategic document setting out broad vision for the municipality • Identifies issues, proposes objectives and suggests means for their achievement • Key local component of the LPPF at Clause 21 • Ensures council objectives are in the scheme and reflected in land use decisions • Section 12A(3) of the Act requires a MSS to contain • Councils strategic planning, land use and development objectives; • strategies for achieving the objectives; • the relationship between objectives and strategies; and • the controls used in the planning scheme.

20. What is a Responsible Authority? • Statutory planning body • Considers planning permits • Enforces planning scheme and planning permits

22. Main steps: planning permit assessment process • Lodgement • Council planner decides if notice is required • Consultation with applicant and objectors • Application assessed • Council, or delegate, decides to grant a permit or refuse to grant a permit. • Review by VCAT (possible) Refer to handout notes for further details

23. Referral Authorities • Statutory referrals include DSE, CFA, VicRoads, Water Auth etc.- 32% of applications are referred • Identified in the planning scheme and sent copies of certain types of applications. They can • object to a permit being granted - council must then refuse. • not object provided certain conditions are included - council has discretion to refuse or grant a permit.

24. Objections • Objections can be received during advertising and until a decision is made • Any person can object but an objection must: • be made in writing • state reasons for the objection • explain how the objector will be affected by the granting of a permit.

25. Assessment - must & may consider The planner’s report must consider: • All objections and submissions • Comments or directions from any referral authorities • Any significant environmental effects of the proposal • Any significant effect the environment may have on the proposal A council may consider: • Any significant social and economic effects • Any strategic plan, policy statement, code or guideline adopted by the Minister, government department, public authority or council • Any adopted amendments to the planning scheme • Any other relevant matter.

26. The Planning Merits Planning Permit decisions must be based on: • The proposal, policies and scheme controls • The purpose of the zone or overlay • The reasons why a planning permit is required • The objections and their planning merits When a council does not support officer recommendations…. • It must be justified on planning grounds • The planner’s report and recommendation is public and will go to VCAT if there is an appeal. • Must clearly set out the reasons

27. Delegation Who makes a decision: • A council planner under delegation • A committee of council planners / officers under delegation • A committee of council • The full council. Benefits of delegation: • more time for higher order priorities • officers take more responsibility for decision making • Processing time for applications is reduced • reduced workloads for councillors /officers.

28. Decision A council may: • Fail to grant a permit within the specified time (60 days) • Grant a permit with conditions, or • Refuse to grant a permit on specified grounds. A council, or its delegate, is not bound to support the council planner’s recommendation.

29. Enforcement • Councils can take action to enforce the planning scheme • Involve VCAT or the magistrate’s court • Enforcement provisions are in the Planning and Environment Act 1987 • Councils generally obtain legal advice.

30. Planning permits • Planning permit decisions are significant • Most (95%) made under delegation; about 50 000 per annum • Processing planning permit applications is resource intensive for councils • Decisions must be made on the planning merits of the proposal • Objections with no planning basis must not influence the decision • Councils monitor performance information - resources, decision timeframes, work loads etc. in the planning unit • STEP Planning

31. Role of Minister • Overall responsibility for the operation of the planning system • Can initiate changes to legislation • Can initiate and approve changes to all planning schemes in Victoria or an individual council’s scheme • Can decide major planning permit applications • Can call-in planning matters.

32. Role of Minister – Call in powers Established under S97B of the Act, can be used when: • The application raises a major policy issue and its determination may have a substantial effect on the achievement or development of planning objectives • The decision has been unreasonably delayed to the applicant’s disadvantage • The use or development is also to be considered by the Minister under another Act or regulation • The Minister usually consults with the council before calling in an application (Practice note exists)

33. VCAT • most applications have a right of review for the applicant and objectors at VCAT. • VCAT is independent of the Minister for Planning and administered by the Department of Justice • Considers the same planning matters that the council did, but may give them different weight • May affirm, change or overturn the council decision • Decisions are final (except on point of law) • Provides comprehensive information about its operation (VCAT performance reports)

34. Finding out more…. • VAGO – performance audit of planning and planning enforcement • PC - benchmarking and local government regulation report • E-planning & SPEAR Planning - Electronic Lodgement for Subdivision, Planning & Building Applications • DPCD on-line services and products • Planning Permit Activity Report (PPARS) • Planning Property Reports Online • iPhone app

35. Session 2 Planning in Practice

36. Urban Design Principles • Character - a place with its own identity • Continuity and enclosure - where public and private spaces are clearly distinguished • Quality of the public realm - a place with attractive and well-used outdoor areas • Ease of movement - a place that is easy to get to and move through • Legibility - a place that is easy to navigate • Adaptability - a place that can change easily • Diversity - a place with variety and choice

37. Urban design choices • High density / low • Heritage / neighbourhood character • Transit oriented or car dependent • Use of public realm • Streetscapes and public places • Active frontages • ….somewhere for the clothesline and bin!

39. Growth Area Planning & Place making • Green field, brown field and in-fill • Growth Area Authority – statutory authority established in 2006 • Does not affect all councils • Urban growth boundary • Corridor Plans & structure plans Growth Area Infrastructure Charge (GAIC) • Density, jobs and market forces • Place making – public and private realm, sustained effort over time

40. Developer contributions & s173 Allowed under the Act by: • Planning scheme amendment process • Planning permit process • Building permit process Also through the planning system by: • Development contributions plans (DCPs) • Conditions on planning permits • Voluntary agreements Issues include anticipating development, cost of preparation, maintaining value over time, inadequacy of contribution

41. Current reform initiatives The problem… • lack of accountability at State level • good planning is not rewarded • VPP tools are not fit for purpose • unnecessary complexity and poor resolution of State policy.

42. Current reform initiatives A new model…

43. Winky Pop • Unbiased decision making Refer to Ensuring Unbiased Democratic Council Decision Making handout

44. Statutory obligation for councillors Conflict of Interest • must declare any interest in any manner that comes before a council meeting, special committee or assembly of council • Where a conflict exists, must remove themselves from the meeting and from decision making on that matter • Interests include: direct; indirect; close association; indirect financial interest; conflicting duties; applicable gifts Remaining Unbiased • Common law requirement to remain open to persuasion notwithstanding previously held views • Entitled to express a view, but must be prepared to reconsider in light of evidence and arguments • If not, council decision can be overturned by a court

45. Misuse of Position Misuse of position involves a councillor: • gaining or attempting to gain advantage for themselves • Seeking to cause detriment to the council or another person Misuse of position can include: • Improper use of information, public funds or resources • Unauthorised exercise of power • Disclosing confidential information • Improper direction and influence of a council officer