Presentation on theme: "Land Use Planning Workshop Media Workshop August 2012."— Presentation transcript:
Land Use Planning Workshop Media Workshop August 2012
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)
– 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 Purpose of Planning
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?
Why Plan? -Certainty for the community -Consistency in decision-making -Financial sense ……..and because the Planning & Environment Act 1987 says you have to.
Session 1: Planning 101 The Act Strategic planning – Planning Authority Statutory planning – Responsible Authority Resources that can help you
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.
Objectives of Planning section 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
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.
Roles of Council: defined in the Act Planning Authority Prepares MSS and LPPF Prepares Scheme and amendments to it. Responsible Authority Implements scheme through assessing planning permits Enforcement
What is a Planning Authority? -Strategic planning body -Prepares Municipal Strategic Statement (MSS), Local Policies, Strategic Plans -Implements these through the Planning Scheme
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
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.
Approve Amendment Minister approves final amendment. And Governor In Council Adopt Amendment PA then adopts or abandons Amendment with or without changes. Panel All submissions requesting a change, that is not supported by the Authority must be referred to a Panel appointed by the Minister. Panel makes recommendations back to PA on whether to adopt, abandon or adopt with changes. Exhibition Notice in accordance with Act – 1 month min.Affected parties may object or support. Amendment Prepared by Council or Minister as Planning Authority Must be prepared and exhibited in accordance with Act Authorisation from DPCD Planning Authority Undertakes strategic plan – Municipal wide (MSS) or local (e.g. Township plan) Results in plan, policy and/or provision that has statutory force by being placed in scheme
What is a Responsible Authority? -Statutory planning body -Considers planning permits -Enforces planning scheme and planning permits
Review A decision of Council may be reviewed by VCAT at request of Objector, Permit applicant or Referral Authority. Decision Council or delegate must decide in accordance with Scheme and Sec 60 of Act. Notice and Referral Must give notice if material detriment – not exemptions may apply. Must refer to statutory authority where act or scheme says to. Permits Lodged by applicantMust adhere to timeframes – assess in 60 days Responsible Authority Assesses Planning PermitsEnforces scheme and permits issued.
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
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.
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.
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.
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
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.
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.
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.
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
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.
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)
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)
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
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
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!
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
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
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.
Current reform initiatives A new model… Five point plan Establish a performance monitoring framework including a joint State/local standing committee Develop a State policy compendium and spatial plans that inform planning schemes Review State provisions to ensure desired outcomes can be achieved Improve the quality and effectiveness of planning schemes Support the ongoing review of planning processes through the STEP planning process improvement program.
Winky Pop -Unbiased decision making Refer to Ensuring Unbiased Democratic Council Decision Making handout
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
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