Issue 27
Little bits that can make a big difference to your town planning outcomes.
02. Planning Matters
COVID-19: What Planning Permit Applicants Need to Know COVID-19 has temporarily stalled many facets of life. As we work from home, our fears reducing, feeling a warmth of pride that our community has prioritised public health over all else, it is dawning on us that there will be a ‘new norm’. Things change quickly in this new norm, so readers should be aware this piece was written on May 20th. At any point in time, billions of dollars of development proposals are tied up within Victoria’s planning regime. Now more than ever, the efficient processing of these applications is critical. Victoria’s planning industry is moving to get things back on track. Here’s a brief summary of the initiatives, permit applicants should be aware of, at State Government, VCAT and Council levels.
The eligibility criteria ensure projects (among other things): •
Are of state or regional significance
•
Have experienced unreasonable processing delays
•
Will deliver jobs and significant economic value to the state and
•
Are shovel ready.
For more information regarding Building Victoria’s Recovery Taskforce and project eligibility please contact our office or visit: https://www.planning.vic.gov.au/policy-and-strategy/buildingvictorias-recovery-taskforce
Victorian Government
VCAT
In April, the Covid-19 Omnibus (Emergency Measures) Bill 2020 came into being and provided some small, but important, changes to legislation to ensure the ability of Council and VCAT to continue their work. The bill is expected to expire in six months and temporarily provides the following (among other things):
VCAT has fundamentally closed its doors to the public and has been working very hard to put in place safe procedures that will allow day-to-day business to continue. Permit applicants should be aware:
•
•
Planning documents previously required to be physically available to view at state or local government offices are now only required to be available for online inspection. This includes copies of planning scheme amendments and submissions, and planning permit applications and objections The requirement that Planning Panels Victoria must conduct its hearings in public will be satisfied if the hearing is available to be viewed by the general public by electronic means, either while the hearing is being held or as soon as reasonably practicable afterwards. Those entitled to or invited to participate will be able to do so using remote technology.
The Victorian government has also established a new task force that will provide advice to the government on industry issues, including barriers to building works, and oversee the fast-tracking of planning approvals using ministerial ‘call-in’ powers. DELWP has released “priority project eligibility criteria”. Although no minimum project value is prescribed, the criteria sets a high bar and it is expected the taskforce will focus on ‘major projects’.
•
The Tribunal is advocating for legislative change to bolster Tribunal Members’ ability to direct expert evidence and cross examination, presumably to make this process more efficient, and
•
Allow the Tribunal to limit the issues under contest at the hearing, without such a request being made by parties
•
The Tribunal is also looking to increase its ability to strike out applications that are considered baseless and without merit
•
Objectors’ appeals are now being listed for an initial compulsory conference, in an attempt to shortcut their determination times
•
More onus is being placed on parties to ensure procedural compliance, as a result of less matters being listed for directions-hearings
•
For matters that were originally listed for hearing between March 17 and May 15: -
The Tribunal has sought to confirm if all parties consent to the matter being determined on the papers
16
