7: Planning Policy Flashcards
Stein states that “The weight to be placed on a (planning) policy is also unclear in planning law”. Discuss the two significant principles of law that define how planning policy is to be used and applied.
- Policy is an accepted and necessary aspect of a regulatory system and must be taken into account as a relevant consideration in the determination of a development application
- provide REASONS of using/not policy
- Although the policy must be considered, it cannot automatically outweigh all other factors, or, as it is said, it cannot be applied slavishly
Discuss 6 problems Stein identified with regard to planning policy formulation, also mention those which are “solved” nowadays
Compliance with government timetables and private interest group agendas results in ignorance of the community to the evolution of a policy/overall consequences of its implementation (PUBLIC SCRUTINY with clearer planning goals than legal instruments, BOUNDED RATIONALITY lowers possibility of balanced public input and analysis)
- NOW: EXHIBITED TO PUBLIC
No controls over various steps to create a planning policy, formation:
- as a reaction to a pending development
- local planner’s (politicized) agenda (as a rationale of a political agenda, through the minister and state planning authority)
Informal process: A policy is not evaluated as much as legal instruments:
- no requirement of assessment / agency submissions,
- rapid policy making
- lack precision
- inconsistencies
- NOW: A GUIDELINE FOR POLICY MAKING (more formal, not as much as legal)
Often no register of policies, requiring applicants to go through documents at the council offices/contact planning authority and may not be formally published
- arised from planning authority’s actions
- NOW: NO POLICY IS NOT INCLUDED IN PLANNING SCHEME
Policies have few safeguards in the formulation results in them becoming inferior to a planning scheme
- Policies to explain and augment planning scheme
Usually, no explanation of the status/importance of a policy
- Confusion in applicant to determine strict compliance/only met in principle
- Often receives analysis of its weight when it is the subject of a planning appeal
According to Stein, explain 5 reasons why there are issues in giving weight to policy!
Different:
- Forms (regulated (to augment)/not by legislation)
- Names (code, strategy, plan)
- Roles (resolve new issues/express fundamental principles of developing issues)
- Level of publication (NOW: ALL IN PLANNING SCHEMES)
- Qualities of expression, stages of development, varying importance
According to Stein, mention 2 qualities of AND list 5 tests that the Victorian Planning Appeals Board set out to determine whether a non-statutory policy is to be considered
- Whether it was based on BASIS IN SOUND TOWN PLANNING PRINCIPLES (quality)
Quality: non-transient existence that that gives true expression of PLANNING AUTHORITIES’ GOALS:
- Whether it is a public rather than a secret policy
- Whether it is a public policy conceived after considerable public discussion
- The length of time that the policy has been in operation
- Whether it has been continuously applied
Mention 6 considerations to measure the effect of a policy! Add one additional consideration used in Canada!
o Extent of research and public consultation when creating policy
o Time when policy has been in force and its effectiveness
o Extent to which policy has been departed from in prior decisions
o Compatibility with objectives and provisions of relevant environmental planning instruments and development control plans
o Compatibility with other policies (by a council/other relevant government agency)
o Whether it contains any significant flaws when assessed against conventional planning outcomes
Canada: A policy must be used for decisions made in ‘good faith’, e.g. not to stop a developer.
How are State and local planning policies balanced in decisions (e.g. by VCAT)?
LOCALplanning policy should be applied in the PERSPECTIVE OF IMPLEMENTING METROPOLITAN POLICY, because local planning policies are mostly directed TOWARDS THE MANAGEMENT OF CHANGE required by the metropolitan
It must be recognized that planning policy are necessarily GENERAL in their application, thus it is applied on a case-by-case basis to avoid a perverse outcome;
Mention 9 key concepts of Plan Melbourne!
- Delivering a new integrated economic triangle (port, metro, links, ring road)
- Protecting the suburbs by delivering density in defined locations (urban renewal: Fisherman Bend)
- A state of cities (regional centres)
- Delivering a pipeline of investment opportunities (private sector opportunities for transport network in/around Melbourne): Melbourne Metro
- Better use of existing assets
(urban renewal, technology, under-utilised areas) - 20-minute neighbourhoods
- Housing choice and affordability
(control land price by control/increase flexible supply) - Transitioning to a more sustainable city
- Good governance and strong partnership (inclusive and more transparent)
