8: Planning Scheme

Question 1

Mention 8 key components of a planning scheme!

Answer 1

• State Planning Policy Framework (SPPF)
• Local Planning Policy Framework (LPPF) - MSS
• Zones
• Overlays
• Particular provisions: ResCode
• General provisions
• Incorporated docs
  Definitions

Question 2

Mention 10 content of planning schemes related to specific powers!

Answer 2

• Policies, specific objectives and strategy plans
• Restrictions on the use and development of land
• Classes of permit applications exempt from notification and review rights
• Specific information to be provided with an application for a permit
• Incorporation of documents
• Classes of land, use or development exempted from 96(1) or 96(2)
• Underlying zoning (zoning that would have applied if there and been no Future Public Purposes Reservation in place)
• Requirements for the provision of public utility services
• Definition of the metropolitan Urban Growth Boundary
• Creation/extinguishing of rights of way / other encumbrances

Question 3

Discuss the difference between a zone and an overlay? Provide three examples of each and briefly describe what they are

Answer 3

• Zone controls use & development; whether the use is prohibited, requires permit or not, including permits for subdivision (development)
• Overlay controls development:
  It applies to a single issue or a related set of issues, such as heritage, environmental concerns, flooding. Where more than one issue applies to land, multiple overlays can be used

Question 4

Where does ResCode fit into the Planning Scheme? Discuss briefly some of the key concepts of ResCode.

Answer 4

At clause 54 (single dwellings) and 55 (multi dwellings and residential development of buildings with 4 storey or less, excluding basement) in the PARTICULAR PROVISIONS section of planning schemes.

The key concepts are:
- Concept of Neighborhood Characteristics:
- Ensuring the design respects the preferred/existing neighbourhood character
- Concept of Amenity:
o Site and rear setbacks aligned with neighborhood and limits the impact of amenity of existing dwellings
o Overlooking: To limit views of private space or habitable room windows
o Overshadowing

Question 5

List and briefly discuss 7 reasons why a planning scheme may be amended. Provide 4 examples!

Answer 5

• Enhance/implement the strategic vision of a scheme. Examples:
  o Municipal Strategic Statement needs to be updated
  o Political reasons
• Implement new state, regional, or local policy
• Update the scheme
• Correct mistakes
• Allow some use or development currently prohibited to take place
• Authorize the removal or variation of a restriction on title
• Incorporate changes made to the Victoria Planning Provisions (VPP - the recipe book)
  o Better apartment standards
  o New residential zones, improved e.g. height increased

Question 6

Discuss the process which must be followed for a planning scheme to be amended

Answer 6

DEVELOP THE CONCEPT
- Identify problem/opportunity, review planning scheme and options, assess the effects of amendment, consider the Strategic Assessment Guidelines for Planning Scheme Amendment

DESIGN THE CONCEPT
- Talk to council planner, get professional advice, choose the right planning tools

MAKE REQUEST TO COUNCIL
- Apply in writing with supporting information, give reasons for the change, explain the strategic basis

COUNCIL DECIDES on the request
- No right of review if refused

MINISTER’S AUTHORISATION
- Council seeks consent to prepare an amendment

NOTICE if the amendment is given
- At least one-month notice period, notice procedures must be carefully followed, submissions are invited (anyone can lodge a submission about an amendment, to support, oppose, or suggest changes)

COUNCIL ASSESSES THE AMENDMENT
- Submissions are considered, the amendment is changed/abandoned, or submissions are referred to a panel

MINISTER DECIDES on the amendment
- If approved, notice will be published in the Government Gazette and notice to the Parliament

Question 7

Define use, development, zone, overlay, and ResCode!

Answer 7

USE
o using land for a particular purpose (such as a dwelling or a shop) and may not involve building anything.

DEVELOPMENT
o includes the construction, alteration or demolition of a building or works and the subdivision or consolidation of land.

ZONE
o Controls the particular uses of land
o Section 1: Land uses that do not require a planning permit.
o Section 2: Land uses that require a planning permit.
o Section 3: Prohibited uses.

OVERLAY
o INDICATE if a PLANNING PERMIT is required for LAND DEVELOPMENT
o NOT ALL LAND has an overlay. Some land may be affected by MORE THAN ONE overlay.
o If an overlay applies, the LAND will have some SPECIAL FEATURE such as a heritage building, significant vegetation or flood risk

RESCODE
o Provisions in Victoria for RESIDENTIAL DEVELOPMENT: Sets out OBJECTIVES (must) and STANDARDS (may)
o If the design meets the standard, it also meets the objective
o Applies to residential building with 4 STOREYS OR LESS, EXCLUDE BASEMENT if its projection above the ground is less than 1.2M.

Question 8

Define Planning Scheme and VPP!

Answer 8

Planning scheme
o STATUTORY DOCUMENT which sets out 3 things:
○ PROVISIONS (to regulate USE, DEVELOPMENT, PROTECTION, AND CONSERVATION of LAND IT APPLIES) - the extent of which LAND OWNERS can do with their land.
○ To achieve OBJECTIVES, POLICIES

Victoria Planning Provision
o Document containing a comprehensive set of planning provisions for Victoria.
o It is NOT a planning SCHEME and does not APPLY TO ANY LAND
o It is a state-wide REFERENCE used, as required, to construct a planning scheme.
o It is a STATUTORY DEVICE to ensure that consistent provisions for various matters are maintained across Victoria and that the CONSTRUCT on and layout of PLANNING SCHEME is always the same.