6: Strategic and Statutory Planning

Question 1

Referring to Stein, explain the journey of planning ideology until it is (or may be) implemented!

Answer 1

Ideology, values - policy, strategy, goals - (legal) principles - regulatory planning (planning scheme) - implementation

Question 2

Referring to Stein, discuss the term Planning! How is your definition apply to 2 different era of planning?

Answer 2

• Planning is deriving idealized future states (OBJECTIVE: improvement in QUALITY OF LIFE) – from community goals and aspirations to implementation – encompassing any matter which can affect the uses of land.
• This definition generally applies in both planning formative years (planning offered implementation of social and cultural value based on an individual’s creativity) AND later in 1990s (planning is more politicized, more of a regulatory system than a social control).

Question 3

Referring to Eccles and Bryant, differentiate between strategic and statutory planning!

Answer 3

• Strategic planning: research and policies development
• Statutory planning: formulation and administration of control on the use and development of land

- Differences:
Strategic planning (policies) has wider SCOPE than statutory planning (law), and these systems are separated through INSTITUTION STRUCTURE, that statutory planning may based on political pressure rather than strategic planning

Question 4

Referring to Stein, mention the 3 things that derive town planning! How does this relate to planning ideology? Explain the difference of planning ideologies historically and in contemporary practice; nowadays, who develop and review them, and what does it imply for property developers?

Answer 4

• Town planning is derived from the goals (reflect a community’s IDEOLOGICAL orientations), aspirations and beliefs of a community
• Historically, planning ideologies have captured social goals (healthier live, creativity)
• Nowadays, ideologies are found in Councils’ Local Planning Policy Framework under references to vision-mission-high level goals
• Planning ideologies developed and reviewed by COMMUNITY (landowners, occupiers), GOVERNMENT, COUNCILLORS
• Implication: property developers seek how to respond to community’s goals-aspiration-belief

Question 5

Explain Stein’s 2 assumptions of planning, and in that, explain the reason of intrusion and why ideology and regulatory often do not join successfully

Answer 5

ACCEPTABLE INTRUSION: To explain to all landowners the extent of their property rights, by indicating the development potential of their land – through identifying each parcel of land having a purpose within regulatory scheme, which indicates a range of possible uses
- This is because planning involves “the common good” to improve community’s quality of life, and in doing so, the rights of landowners are affected

Can become the BRIDGE (legislation/Act, regulation/standards, by-laws/restrictions) between ideology (town planning objectives) and implementation (have a practical effect)
- Legal system requires precision while planning has (imprecise) difficult concepts of quality of life, thus often do not join successfully

Question 6

Referring to Stein, mention and explain the purpose of the 5 legal instruments used for land use control!

Answer 6

The legal instrument used for land use control (planning/zoning scheme, local environmental plan) accompanies the zoning map through: (1 Marking of the zone name, (2) Objectives, (3)Permitted/(4)Prohibited development types, (5)Standards for the built form of development

The legal instrument has the purposes to be:
○ The most likely channel to REFLECT the planning ideology in planning scheme (likely to be by OBJECTIVES, even though not necessarily an adequate explanation)
○ Objectives has a formal legal role; thus, it must be precise and recognized in legal terms, ideally translating planning ideology.
○ Increase chances for the planning to be IMPLEMENTED according to its initial ideology

Question 7

Explain the term “Property Rights”, how is it measured, and what defines it. How does Planning impact on property rights? Regarding to this, mention one relevant factor for valuation. (“Development potential created by planning is a unique instance of the valuation of chance” -Stein)

Answer 7

• Property rights is the right of the landowner to maximize the values of their land (how the land CAN be used, not necessarily IS), which can be MEASURED through the current utility and potential development, as DEFINED by planning and common law (e.g. usage, trespass)
• Planning impact on property rights by:
  o Create and destruct land value (NOT in actual loss of a right to carry out development, neither in proprietary interests)
  o Affect POTENTIAL land value, such as the value perceived by a potential purchaser through valuation (the ripe potentials)
  o Zoning sets the stage for possible development
• Valuation factor: Issue of a planning permit (its LIKELIHOOD influences value)

Question 8

Explain the terms “Betterment” (how is developer related to this?) and “Planning Blight” due to planning, and explain the difference between compulsory acquisition and down-zoning!

Answer 8

• Betterment: When a land is zoned for a more lucrative use, the value of the land increases. Government is able to tap into betterment by forming CONDITIONS of a PERMIT, which is a form of DEVELOPER’s contribution through complying.
• Planning blight: When a land is zoned for a more restrictive use, the value of the land decreases.
  o Compulsory acquisition: Value fully lost, government compensates through acquisition
  o Down-zoning: Value partially decreases (RESTRICTED LAND USE), no compensation payable by government, probably due to complexity of calculation (preferred by government)

Question 9

Explain the purpose of Planning and Environmental Act 1987, how it regulates land use, its objectives, and those who are bound by it! What does it say about public participation?

Answer 9

• Purpose: FRAMEWORK for planning in present and long-term interests
• Regulates by: SETTING FORMAT and CONTENT of planning schemes, METHOD for planning process
• Objectives: fair use of land, environmental protection, pleasant living, cultural value, present and future interests
• Binds all Victorians, does not bind the crown (government-owned land) but apply to crown/public land in private ownership (e.g. owned by the minister)
• Public participation in planning is legislated, a part of principles of natural justice (government agenda in planning preparation)