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Planning CITY OF MELBOURNE

Planning CITY OF MELBOURNE. Planning and Environment Act 1987. Purposes of the Act To establish a framework for planning the use, development, and protection of land in Victoria in the present and long term interests of all Victorians. Key Aspects of the Planning and Environment Act.

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Planning CITY OF MELBOURNE

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  1. Planning CITY OF MELBOURNE

  2. Planning and Environment Act 1987 Purposes of the Act To establish a framework for planning the use, development, and protection of land in Victoria in the present and long term interests of all Victorians.

  3. Key Aspects of the Planning and Environment Act Sets out purpose and objectives of planning in Victoria Victoria Planning Provisions Establishes procedures for: Preparing and amending planning schemes – Planning Authority Administration of the planning scheme, permit applications, and decisions – Responsible Authority Provides for third party participation – Referral Authority, Advertising, Objectors (permits), Submitters (planning scheme amendments) Appeals / Reviews – Victorian Civil & Administrative Tribunal (VCAT Act 1998) Enforcement – Responsible Authority

  4. The objectives of planning in Victoria are: (a) to provide for the fair, orderly, economic and sustainable use, and development of land; (b) to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity; (c) to secure a pleasant, efficient and safe working, living and recreational environment; (d) to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest; (e) to protect public utilities and other assets and enable the orderly provision and co‑ordination of public utilities; (f) to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e); (g) to balance the present and future interests of all Victorians.

  5. Important Dates 1991 : Docklands Act proclaimed March 1999 : Current Melbourne Planning Scheme approved August 1999 : Docklands Authority becomes the responsible authority for subdivisions July 2007 : City of Melbourne becomes the municipal authority for Docklands April 2008 : Amendment C92 to the Melbourne Planning Scheme introduces Docklands as a zone within the Scheme rather than being covered by a separate planning scheme. The City of Melbourne also becomes the responsible authority for subdivisions. November 2010 : The City of Melbourne is made the responsible authority for a small developed area of Docklands. October 2012 : The City of Melbourne becomes the responsible authority for all use and development in Docklands except for buildings in excess of 25,000 sq m in area

  6. Melbourne Planning Scheme The planning scheme controls land use and development within a municipality. It contains State and local planning policies, zones and overlays and other provisions that affect how land can be used and developed. The planning scheme will indicate if a planning permit is required to change the use of land, or to construct a building or make other changes to the land. Every municipality has its own planning scheme. There are also planning schemes for which other organisations are responsible, such as the Port of Melbourne Planning Scheme.

  7. What information is in a planning scheme? There are two types of information in a planning scheme: a set of planning scheme maps that show the zones and overlays; and written information or ordinance that sets out the requirements of the policies, zones and overlays.

  8. The planning scheme zones land for particular uses, for example, residential, industrial, business or other. The zones describe if a planning permit is required,and the matters that the council must consider before deciding to grant a permit. The zone also contains information relating to land uses, subdivision of land, construction of new buildings and other changes to the land. What is a Zone? A zone sets out land use controls in three sections: • Section 1: Land uses that do not require a planning permit. • Section 2: Land uses that require a planning permit. • Section 3: Prohibited uses. Some uses are not allowed on land in a zone because they may conflict with other uses; for example, industry is prohibited in the Residential 1 Zone.

  9. Docklands Zone Map DZ1 Yarra’s Edge Precinct DZ2 Victoria Harbour Precinct DZ3 Batman’s Hill Precinct DZ4 Stadium Precinct DZ5 Comtechport Precinct DZ6 Business Park Precinct DZ7 Waterways

  10. What do ‘Use’ and ‘Development’ Mean? Use of land refers to using land for a particular purpose (such as a dwelling or a shop) and may not involve building anything. Development includes the construction, alteration or demolition of a building or works and the subdivision or consolidation of land. In some zones, both the development of land and a proposed new use may require a permit. In other zones, the use may not require a permit, but a permit may be required to construct the building (the development) for the use.

  11. What is an Overlay? Some areas have controls (known as overlays), such as areas that have heritage significance or height controls. The planning scheme map may show that a piece of land has an overlay as well as a zone affecting it. Some land may be affected by more than one overlay, e.g significant vegetation or flood risk. The overlay information will indicate if a planning permit is required for the construction of a building or other changes to the land.

  12. Planning Policy Framework Planning policies are statements about how decisions will be made. State planning policies are concerned with issues such as urban consolidation and neighbourhood character, while local planning policies are concerned with issues of regional or local significance. The council must take into account both the State and local planning policies when making a planning decision.

  13. Municipal Strategic Statement The Municipal Strategic Statement (MSS) is an integral part of the Melbourne Planning Scheme. It describes a strategic framework and sets out broad strategic aims and directions for the City of Melbourne over the next 4 years. Provides direction on the implementation of the Melbourne Planning Scheme and is directly used in the assessment of planning applications. Under legislation all Councils must review their MSS every 4 years.

  14. What Must a Responsible Authority Consider when Determining an Application? the planning scheme the objectives of planning in Victoria objections and submissions any decision and comments of a referral authority any significant effects the use or development may have on the environment or the environment may have on the use or development. And may consider: any significant social and economic effects of the use or development any relevant State environment protection policy - Environment Protection Act 1970 any strategic plan, policy statement, code or guideline adopted by a Minister, government department, public authority or municipal council any amendment to the planning scheme which has been adopted by a planning authority but not yet approved by the Minister or a planning authority; any agreement made pursuant to section 173 affecting the subject land; any other relevant matter.

  15. What decision may a Responsible Authority make? The responsible authority may decide (a) to grant a permit; (b) to grant a permit subject to conditions; or (c) to refuse to grant a permit on any ground it thinks fit. The responsible authority must decide to refuse to grant the permit if a relevant referral authority objects to the grant of the permit. If a responsible authority fails to make a decision about the application within 60 days, an applicant can apply for a review to VCAT. The 60 days must be calculated in accordance with Regulation 30 of the Planning and Environment Regulations 1998.

  16. Division of Responsibility with the Minister for Planning Generally speaking a local Council is responsible for all planning decisions within its municipality. Within the City of Melbourne, because it is the capital city Council, the Minister for Planning is responsible for planning decisions on major development proposals. The Council is the decision maker for approximately 95% of all applications, however many major projects are determined by the Minister. A complete list of instances where the Minister for Planning is the responsible authority for planning decision making is in Clause 61 of the Melbourne Planning Scheme.

  17. Minister for Planning Responsibilities The Minister for Planning’s responsibilities include, but are not limited to: • Developments with a gross floor area exceeding 25,000 square metres • Development and use of land for or on behalf of a Minister of the Crown • Melbourne Casino • Melbourne Convention Centre Development, Southbank • Royal Children’s Hospital, Flemington Road, Parkville • Former CUB brewery, Swanston Street, Carlton • Carlton Housing Estate redevelopment • Commonwealth Games Village Royal Park • Flemington Racecourse and Royal Melbourne Showgrounds • Myer and David Jones Redevelopments • Sports and entertainment facilities including the MCG, Vodafone Arena and Rod Laver Arena

  18. The Internal Planning Application Process

  19. Appeals and Amendments Once Council has made a decision on a planning application, an application for review (appeal) can be lodged with the Victorian Civil and Administrative Tribunal (VCAT). Amendments can be made to a planning permit once issued by lodging an Application to Amend a Permit with Council, or where the Permit has been issued at the direction of VCAT, the application must be made to VCAT. In the case where minor modifications to the endorsed plan(s) are sought these can usually be dealt with under a process known as secondary consent. Permit conditions can not be varied or deleted by secondary consent.

  20. Planning Key Services Planning Permits • Determination of planning applications under delegation from Council. This includes both technical and general planning advice, liaison with other departments, external authorities, applicants and objectors, and represent Council at VCAT. Melbourne Planning Scheme Enforcement • On occasion building works are carried out, or a new use is commenced, without the appropriate planning permit. Planning officers investigate complaints of alleged illegal building works or uses. Planning and Heritage advice • The City of Melbourne has extensive and detailed planning and heritage policies and guidelines. Many parts of the city are covered by heritage provisions and specialist advice is available to ensure developments enhance the heritage values of significant buildings and precincts.

  21. Planning in the City of Melbourne useful web sites http://www.melbourne.vic.gov.au http://www.dpcd.vic.gov.au/planning/planningschemes

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