MAV: Rural and Regional Planning Conference

1. MAV: Rural and Regional Planning Conference Kathy Mitchell, Chief Panel Member, Planning Panels Victoria 23 June 2016

2. About Planning Panels Victoria

3. Introduction • Planning Panels are established under the Planning and Environment Act 1987 (the Act) and are a means of facilitating public participation in the planning and environment decision making process. • They provide a process to independently assess planning scheme changes or development proposals through consideration of submissions, conduct of Hearings and preparation of reports. • Planning Panels are advisory and make recommendations; with the final decision made by the responsible statutory body or the Minister for Planning. Public participation Independent Advise and recommend

4. Planning Panels Victoria - Structure Having a diverse range of engaged professionals keeps PPV relevant and informed in its decision making. Chief Panel Member 6 Senior Members(full time) 4 Senior Project Managers / Officers 4 Senior Sessional Members 6 Administration Support Staff 71 Sessional Members includes 6 technical experts

5. PPV in 2015/16 – An overview Panels and advisory committees Submissions considered Reports completed 149 4,653 145 One report every 1.7 business days 1 Jan – 31 Dec 2015

6. Applicable Legislation • Planning and Environment Act 1987: • Planning Scheme Amendments s153, s155 • Combined Planning Scheme Amendment and Permit Applications: s96A, s153, s155 • Advisory Committees: s151, s152 • Planning permit applications – called in by Minister: s97B or 97C • Environment Effects Act 1989: • EES Inquiries and Works Approvals – s9 • Major Transport Projects Facilitation Act 2009: • Major Transport Projects s35 and s235

7. Types of matters

8. Heritage Council of Victoria • From early May 2016, PPV through Chief Panel Member became responsible for management of Heritage Council secretariat • Heritage Council - independent statutory authority and comprises10 members, each with an alternate member • Governed by s6 of Heritage Act 1995 • Advises Government on cultural heritage and policy matters • Addition of places to heritage register • Appeal body for permit determinations • Conduct hearings for registrations • Initiate and undertake programs of work • Approval of financial assistance to place owners/managers

9. What has been happening in regional Victoria?

10. What has been happening in regional Victoria? • Planning Scheme Amendments • Approximately 76 in the past financial year, in 28 municipalities • All adopted as exhibited or subject to changes (of those released and publicly available) • NO refusals/abandoned • Number of combined amendments and planning permit applications • Larger Councils - eg Ballarat (4), Greater Geelong (8), Greater Bendigo (4), Greater Shepparton (9), Swan Hill (6) • Site specific and area rezonings, heritage reviews, environmental overlays, residential and industrial strategies, MSS review, car parking, structure plans, landscape studies • (See handout for complete list)

11. What has been happening in regional Victoria? • Other major projects • Dundonnell Wind Farm EES(first major wind farm since 2010) (135 submissions) • Ballarat Saleyards and works approval(combined Panel and WA review on behalf of EPA) (483 submissions) • Tarran Valley Advisory Committee (97 submissions) • Echuca Moama Bridge EES (12 submissions) • Colac Otway Appeal (P281/2015) Call-in Advisory Committee Ombersley Quarry(with consideration of whether a CHMP is required) (9 submissions) • Ballarat Station Precinct Advisory Committee (47 submissions) • Blackmores call in (now withdrawn)

12. Animal Industries Advisory Committee

13. Animal Industries, continued • Public Hearings in Colac, Bendigo, Melbourne and Traralgon • Key issues • Food and fibre strategy • Matching production systems and definitions • Contentious VCAT cases • Animal welfare and biosecurity • Residential amenity • Buffer and separation distances • Rural economic development • Infrastructure requirements • Strengthening enforcement and compliance • Final report submitted: 29 April 2016

14. Government Land Standing Advisory Committee

15. Managing Residential Development Advisory Committee Upcoming Key Milestones

16. Macedon Ranges Protection AC • Role • “To provide advice to the Minister for Planning on an appropriate policy to support changes to the legislative framework to achieve protection for the Macedon Ranges”. • AC appointed 17 December 2105, Issues Paper released for public comment on 11 March 2016, 63 submissions received, various workshops and forums held, public hearings in Gisborne in June. • Key issues • How to protect the values and attributes of MR with the increasing pressure for development • Whether State Planning Policy No. 8/Localised Planning Statement is current, and an appropriate policy basis • Reflection on the precautionary principles in the planning policy • The unique peri-urban pressures faced by Council re urban development and population growth

17. Macedon Ranges Amendments • Macedon Ranges Shire Council exhibited a number of related amendments, with overlapping issues: • C98 - Woodend Structure Plan • C99, C103, and C105 - Kyneton Structure Plan and rezonings • C100 - Riddells Creek Structure Plan • C110 - Rural strategy and review • Overlapping issues included approach to neighbourhood character, application of an ESO to protect waste water plants • Three Panels were appointed - one combined Directions Hearing, and two days of combined Hearings to address common issues • Time and effort saved, parties served one set of evidence to deal with the ESO under three separate Amendments. • Issues common to the Amendments could be dealt with efficiently with combined Council closing submission • Separate Panel for C110 – raised different issues

18. Swan Hill • Six amendments (C58, C60, C61, C62, C63, C64) • All applying a Development Plan Overlay, on adjacent parcels of land • Some rezonings - eg Farming to General Residential Zone, and part Commercial 1 Zone: and Low Density Residential Zone to General Residential Zone • 9, 11, 9, 9, 10, 10 submissions received respectively (but many were from the same submitters, including one group of landowners) • Same Panel members (2) for all six, but all matters separately constituted • One Directions Hearing • One Panel Hearing - but considered all like issues in a structured way • Prepared one report, but made recommendations holistically combined as one overarching recommendation • Key issue how to resolve the development contributions over the six different amendment areas (originally proposed as one Amendment) • Should have been one Amendment with one set of provisions

19. PPV Roundtables • In 2016 PPV will hold three round table meetings with: • Local Councils • Planning Industry (Includes consultants / legal) • Stakeholders Sessions to have a community engagement focus, specifically: • Targeting regular submitters experiences in participating in a Panel process. • Identifying areas to improve participant experience.

20. Reducing complexity, time and cost • No Directions Hearing for some matters • Part A and Part B submissions • Considering matters ‘On the Papers’ where appropriate • Report templates • Training for panel members • Reducing travel and accommodation costs • Cost recovery • Vast majority of reports are accepted, some with changes • Online request to be heard at a hearing Panels constantly review and shape policy outcomes and initiatives, such as Infrastructure Charge Plans or built form outcomes, EES or heritage matters.

21. Thank you