VPELA Webinar Business as (un)usual & COVID-19 Omnibus Emergency Response Measures Webinars

The release of the COVID-19 Omnibus (Emergency Measures)

Bill 2020 on the 24 April 2020 followed unprecedented upheaval across the world. Here in Victoria, employees were sent home with little warning or preparation. Local Council’s sent their staff home, business were suddenly working remotely, and VCAT and Panels Hearing were unable to proceed. It quickly became evident that, whilst many business within the built environment industries were able to continue operating, others were facing some significant hurdles. Face to face Council Meetings, preapplication meetings, committee consultation meetings, as well as VCAT and Panel Hearings were unable to proceed and many ‘normal’ steps in the typical planning permit application process were unable to occur in the specified manner required by the Planning and Environment Act 1987.

The release of the COVID-19 Omnibus Bill generated significant industry interest and VPELA was fortunate to have Stuart Menzies (Director State Planning Services at DWELP) appear as a key speaker at two recent VPELA webinars.

Firstly, Stuart briefed us on the immediate challenges facing State Government and Councils as a result of Covid-19 during the Business as (un)usual - How Councils are responding to the Coronavirus webinar on 8th April 2020. Stuart briefed us on various facilitation initiatives under investigation by DWELP at that time including Amendment VC181 and also the establishment of the Crisis Council of Cabinet. Secondary, following the Omnibus Bill receiving Royal Assent, Stuart provided us with a summary of the key legislative changes relevant to our broader industry during the Government Emergency Response Measures webinar on 30th April 2020.

We were also privileged to have the opportunity to hear from Cathy Mitchell and Justice Michelle Quigley about how Planning Panels Victoria and VCAT were managing the procedural and

ARE YOU INTERESTED IN SUBMITTING AN ARTICLE FOR THE VPELA REVUE?

Members are invited to submit articles for publication in the VPELA Revue. If you have a topic that you are passionate about, why not share your view with others? We are always happy to stimulate debate over any issue.

Suggested article length is 1000-2000 words and photos are always a good inclusion.

Just forward your submission to our editorial team at admin@vpela.org.au or call 9813 2801 to discuss.

Tim McBride-Burgess, Director Contour Consultants

practical challenges associated with the social distancing measures implemented by the declared Victorian State of Emergency. Susan Brenan SC then provided some acute insights into the ‘procedural fairness’ considerations which may arise from the Onmibus Bill amendments.

Sarah Griffiths (City of Yarra), Brett Davis (Moyne Shire) and Phillip Priest (City of Moreland) also provided an update on how their respective Councils were coping during these unusual times. This represented a follow-up to the earlier presentations during the Business as (un)usual webinar by Marjorie Kennedy (City of Boroondara), Jodi Kennedy (Bass Coast Shire), LauraJo Mellan (City of Melton), Paul Wood (City of Glen Eira) and Matt Cohen (DELWP). The insight provided by these presenters about the successes and challenges faced by each Council was valuable for applicants, consultants and other Councils alike.

The key takes out from the sessions were:

• The Omnibus Bill allows Council Meetings by electronic means, and that live-streaming of a Council Meeting amounts to it being conducted in public.

• The Omnibus Bill allows for a document required to be made available for inspection free of charge to be made available on the Council’s website.

• VCAT and Panels can now conduct proceedings and hearings through electronic means.

• The above mentioned changes will be repealed 6 months after commencement.

• Where appropriate PPV Hearings are now being conducted in a video conference format. The last face-to-face hearing was held on the March 25th. PPV does not have preferred video conference format and has used both Skype and Microsoft Teams.

• All VCAT matters which were adjourned between March and May 15th and all matters after May are being ‘triaged’ to identify the most appropriate method of proceeding, either by telephone, teleconference, video conference or ‘on the papers’. If the matter is not capable of proceeding in one of those ways and requires a ‘face to face’ hearing it will be adjourned until that means is available.

• New VCAT matters are being listed for hearing from February 2021.

• Thank you again to the all participants that contributed these two fabulous and informative webinars. For those that missed them, they along with all recent VPELA webinars remain available to watch on the VPELA website.

Tim is a director of Contour Consultants and a proud and passionate town planner. His balanced approach to planning means that he is a valued and in demand expert at VCAT. He has been a member of VPELA since April 2005 and a Board member since 2019.