The new VicSmart process and provisions

What is VicSmart? VicSmart is a fast planning permit process A decision is expected to be made in 10 days All VicSmart application classes, information requirements and decisions guidelines are specified in the planning scheme Council’s CEO or delegate decides the application Exempt from notice and review Under VicSmart a planning permit is still required and the decision is still a merit assessment

When will VicSmart become operational ? Mid September 2014 (VC114) VicSmart provisions will be included in the VPP and all planning schemes The Planning and Environment Regulations will also be amended in September Minister’s Direction on the Form and Content of Planning Schemes will also be amended

Key changes in response to consultation submissions Statutory request for further information introduced (5 business days) Some VicSmart application classes more tightly defined Adjustments made to the information requirements and decision guidelines Two new classes of application – Waiving of loading facilities and buildings and works up to $50K in the MUZ

Changes to Planning and Environment Regulations The Regulations will prescribe: 10 business days after which an applicant has a right for review for a failure to grant a permit 5 business days to ask for missing information and stop the statutory clock. The clock will restart at zero when the information is provided Require the responsible authority to specify in the planning register whether an application is VicSmart

The new VicSmart Planning Assessment Provisions

When is an application VicSmart? Must be listed as a VicSmart class of application (can be state or local) Must not require a permit under another provision of the scheme that is not identified a VicSmart class of application Must not result in a breach of a registered restrictive covenant If referral is required, the referral authority has stated in writing within the past 3 months that it does not object to the granting of the permit

State VicSmart applications 12 classes of State VicSmart applications The applications are listed under Clause 92 Plain English version in practitioners guide

Boundary realignment Subdivide land to realign the common boundary between two lots where: The area of each lot is reduced by less than 15 % The general direction of the common boundary does not change

Subdivide existing buildings and car spaces Subdivide existing buildings or car parking spaces where: The buildings and car parking spaces have been constructed in accordance with the planning scheme or a planning permit An occupancy permit or a certificate of final inspection has been issued within 5 years prior to the application for subdivision

Subdivide land into two lots where there is an approved development Where: The buildings and works on the land have been approved under the planning scheme or a planning permit The construction of the development has commenced The subdivision does not create a vacant lot.

Construct or extend a front fence in a residential zone

Buildings & works up to $50K in commercial and industrial zones The land is not within 30 metres of a residential zone Is not for a use with an adverse amenity impact (uses listed in Clause 52.10) Is not for a dwelling in the Mixed Use Zone.

Construct a fence in an overlay

Remove, destroy or lop one tree under an overlay

Subdivision and minor buildings and works under a Heritage Overlay

Subdivision and buildings and works under a Special Building Overlay

Advertising signs The sign is not within 30 metres of a residential zone Is not a pole sign, a sky sign, a reflective sign, internally illuminated, floodlit, electronic or animated The total display does not exceed 10 square metres

Reduce car parking spaces By no more than 5 spaces

Reduce or waive loading requirement

Local VicSmart Classes of Application Local VicSmart classes can be specified in schedule to Clause 94 Information requirements and decision guidelines for the local VicSmart application can be specified in the schedule to Clause 95 The Minister is prepared to consider s20(4) amendments to introduce local VicSmart applications for existing permit requirements Local VicSmart provisions cannot amend the State VicSmart provisions

Permit triggers and VicSmart VicSmart does not trigger a permit The requirement for a permit continues to be triggered in the zone, overlay or particular provision A proposal can have more than one permit trigger that is classed as VicSmart Where a proposal has more than one VicSmart class of application, the information requirements and decision guidelines of each class apply If an application requires a permit under a provision that is not VicSmart, then it cannot be assessed under VicSmart

Permit triggers and VicSmart An application with multiple triggers can be split if the approval of one part does not require the consideration and approval of the another part

The VicSmart information requirements The information requirements are preset in the provisions in Clause 93 or the schedule to Clause 95 The listed information can be waived or reduced if the application can be decided without the information Council cannot ask for more information than is listed When preparing information requirements for local VicSmart applications, make sure the information is fit for purpose – only ask for the information that you need to make an assessment of the application

Requesting further information If there is missing information, further information can be requested under section 54(1) Provided the request is made within 5 business days ‘statutory clock’ stops and restarts at zero once the information is submitted Requests can still be made after 5 business days however ‘statutory clock’ doesn’t stop

The VicSmart referral requirements Where an application requires referral under Clause 66, the applicant must obtain the written consent of the referral authority before lodging the planning application The consent must be obtained within 3 months of lodging the application. A copy of the written consent and endorsed plans must be submitted If the applicant does not obtain the consent or the referral authority objects to the application, the application is not VicSmart and must be processed through the regular permit process At this stage, the only VicSmart application that requires referral is an application under the SBO

Local referral requirements 3 scenarios: If the applicant obtains the referral authority consent to the proposal before lodging the application with council, the application can be considered under VicSmart. If the applicant does not obtain the referral authority consent, the application proceeds under the regular permit assessment process. If an agreement exists between council and the referral authority so that certain applications do not require referral and the application satisfies the condition of that agreement, the application can be considered under VicSmart.

What can be considered in assessing a VicSmart application? VicSmart ‘turns off’ the broad range of matters to consider in the Act and planning scheme. The decision guidelines for each class are detailed in Clause 93 or the schedule to Clause 95 Unable to consider: –The SPPF and LPPF (unless specified) –the decision guidelines of any zone, overlay or particular provision (unless specified) –the decision guidelines of Clause 65 –any objections or submissions (other than from a referral authority) Local policies or decision guidelines in zones and overlays can be considered if they are specified in the VicSmart decision guidelines Can consider Section 173 agreements affecting the land (Sec 60(1A)(i) of the Act)

Deciding a VicSmart application The CEO will be specified as the Responsible Authority for deciding a VicSmart application in the planning scheme (Clause 61) The CEO may delegate responsibility to other officers under section 188 of the Act The Council is not the responsible authority and cannot make a permit decision on a VicSmart application

What does the 10 business days mean? The 10th business day does not trigger automatic approval, refusal or review by VCAT After 10 business days an applicant has a right for a review against failure to decide

Calculating the 10 business days To calculate the 10 business days : –The day of receipt is not included –Saturdays, Sundays and public holidays (including half days) are excluded –The end day is included

A new streamlined VCAT process Only an applicant has a right of review The applicant is expected to submit all the required information to VCAT removing the need for the council to submit the information The applicant must provide VCAT with a copy of the decision, all the application documents, a copy of any covenant affecting the land, any referral authority response, a copy of the council report and a calculation of elapsed days if relevant The applicant must provide council with a copy of the VCAT application VCAT will advise the council that a review has been lodged and the date of the hearing Applications will be heard in the Short Cases List 4 to 6 weeks after lodgement Generally a verbal decision will be provided at the end of the hearing