The Business The limitation game:

As we work into another year, we had cause to reflect on some recurring (and seemingly timeless) issues that can thwart the progress of a planning approval. Here are 10 myths that in our experience unnecessarily delay developments.

1. The world is flat

Since the Middle Ages, only flat-Earthers have disputed that the world is round but that doesn’t stop this myth regularly finding its way into the planning process. Not only is the world not flat but it isn’t smooth either. Too often concept plans hit major issues once the levels and contours of a site are considered in detail. The earlier the physical constraints are understood – including level changes, water flow paths, geo-tech, and services infrastructure– the quicker workable design solutions can be found; (or amended).

2. The world ends at the lot boundary

While context plans (read ‘Design Response plans”) are always prepared, (but sometimes with only with lip service), the detail of development on surrounding land is often overlooked during the design process. A thorough contextual analysis allows for all opportunities and constraints of a site to be considered and enables a qualify design response to the features, constraints and development on adjacent lands.

3. It’s OK to leave application documents to the RFI stage

Seeing supporting reports pushed to the RFI stage is a classic ‘robbing Peter to pay Paul’ move when it comes to securing a planning permit in a timely manner. The application only has one first impression, so make it a good (and professionally prepared) one.

4. Just tell me the zone!

For better or worse, the Victorian Planning System is policy based and largely discretionary by nature. For clients relying on zone controls as the answer to all or most questions is fraught with risk. While a zone might guide land use, the intensity of development outcome is increasingly more nuanced and complicated, with a smorgasbord of overlay controls, planning policy frameworks and amenity impacts which can’t be summarised by a land use table.

5. A pretty render will save the day

While renders are useful tools to make a first impression, it is no longer 2001 and Councils are not basing assessments on renders that approximate Garden of Eden landscaping.

6. Referral Authorities will be fine …won’t they?

While the Responsible Authority is always the main game, an objection from a Referral Authority can derail a project just as quickly. The best way to mitigate risk is to engage with Referral Authorities early in the application process, to understand their perspectives and concerns and offer a solution; to avoid further requests for information, lengthy delays, additional permit conditions or an objection.

7. Just make it a Permit condition

20 years ago, planning permits ran to a few pages. Now they can be the length of a novella. Meaning that you can receive a Permit which, because of the multiple conditions, is not actually a Permit. As more and more issues are ‘handballed/dealt with via Permit conditions, the risk of an unworkable permit condition being included has also increased. So, next step, the amended Permit application. The smart play is to have a detailed understanding of how the conditions might be satisfied and, to the extent possible, work closely with the authority planner on the specific wording. It will pay off.

8. Third-party objections won’t matter

Third party objectors have more appeal rights in Victoria than in other states of Australia. As anyone who has attended a Council forum meeting will know, the merits of objections are likely to be a mixed bag (at best). Given this potential risk, all objections should be considered rather than discarded with little thought.

9. VCAT applications are a fix-all

If you can avoid the risk of an adverse VCAT decision, do so! Believing that VCAT can solve your problems is myth and instead it can be a pathway to delays and procrastination. These days, a multitude of design issues – many without sufficient focus –are being handballed to the preparation of amended plans for

VCAT. While VCAT hearings are a reality of our industry, the more refined a proposal can be made prior to VCAT, the more tightly focussed VCAT mediations and hearings can be, with flow-on benefits in terms of issues being resolved more quickly.

10. Ignore a planner’s advice until a barrister requires it

This one is perhaps a gripe more for planners than lawyers, but the number of legal conferences which end with planners saying amongst themselves: ‘That’s what we’ve said for the last three months” is legion. It can make the process way too close to Ground Hog Day, without the joy of waking up as Bill Murray!

Good luck with your projects!

BernardMcNamara,(whennoteditingtheVPELARevue) is Principal and founder of BMDA Development Advisory. Matthew Crisfield is a Senior Planner at BMDA. E: Bernard.mcnamara@bmda.com.au; matthew.crisfileld@bmda.com.au