9. Planning Permit Flashcards
Define planning permit, mention 2 plans it covers! To what its benefits are attached to? When can a building permit be issued, regarding to planning permit?
Definition: Legal document allows certain use/development to proceed on a specified parcel of land.
Plans: Consent and endorsed plans
Benefits attached to the LAND which it has been granted
Building permit cannot be issued before a planning permit is granted (if required)
Where can you know whether you need a planning permit or not, in which section?
In planning scheme,
Sections of:
Zones, overlays, general provision, particular provision
Mention 3 things to be reviewed by council to grant a planning permit! Mention 2 ways to notify a planning permit! What does this imply for people affected? What are 4 possible decisions of a planning permit?
In reviewing to grant a permit:
○ Sufficient information to determine application?
○ Any areas of concern to raise at this stage?
○ Referrals, internal and externals (VicRoads)?
Notifying a permit:
○ Letters to neighbors and sign on site
○ For significant project, notice in local paper
○ Implication: People affected may object
Decision ○ Notice of refusal ○ Grant/issue a permit ○ Grant/issue a permit with conditions ○ Notice of Decision (NOD) when there are objections, but the responsible authority supports the proposal
Mention 4 contents of a planning permit! When is permit operated and how is it expired? Usually how long is the permit granted for in VIC? Also explain 3 importance of permits!
Contents:
○ Preamble: Permit number, address, what it allows
○ Conditions prerequisite to development
○ All (other) conditions that must be complied with
○ Endorsed plan
Operates from the date... ○ specified on the permit; or ○ if no date is specified - of VCAT decision if issued at the direction of VCAT (backdated to the Tribunal decision date); or - on which it was issued
○ Expiry (usually in 2 years - VIC) in 3 ways:
§ Permit not acted upon (extended)
§ Discontinued (as set out in section 68 of the act)
§ Condition: use that may only be conducted until a certain time
Importance:
○ Permits are a commodity, run with the land and affect land value
○ Often required for financing
○ Through conditions, on-going role of land use & development management
Mention residential zones: 3 new zone, key feature(s) of each, and 3 zones that they replaced, 2 existing zones , and 3 improved zones!
New:
○ NEIGHBORHOOD RESIDENTIAL (most RESTRICTive):
- Mandatory building height of 8 m
- Maximum 2 dwellings
○ GENERAL RESIDENTIAL (RESTRICTS)
- Mandatory height 9m (can change to council’s mandatory height)
- “Preserving neighborhood areas” while allowing for moderate residential growth
○ RESIDENTIAL GROWTH (least restrictive - substantial changes)
- Discretionary default height 13.5 m (can change to council’s mandatory height)
- ResCode applies to <=4 storey development
- Allowing small-scale complementary commercial uses
Replacing: Residential 1, 2, 3 zones
Existing:
○ Activity center zone
○ Comprehensive development zone
Improved
○ Mixed use zone
○ Township zone
○ Low density residential zone
Explain 2 things that differ heritage characteristics from neighborhood characteristics!
Heritage character:
○ A degree of consistency due to comprehensive review of characteristics (streetscape, a good representative of construction era)
○ Physical building and the cultural context (how the building responds to that context
Mention the 3 changes in the reformed residential zones due to residential zone review in Victoria, per May 2017! What is the goal?
- Amend height controls
- Mandatory garden area (minimum % and area)
- Removes limit on number of dwellings for NRZ
- The goal is to be consistent across Victoria
Explain what is Victorian Civil Administrative Tribunal and its objective!
An independent dispute resolution
Objective: providing inexpensive, efficient, accessible system of dispute resolution
Planning permit applications can be considered by 2 parties in Victoria, mention them and which one dominates the other! Also mention 4 differences of VCAT with the court, what rules bound the VCAT, and 3 things that clarify its roles!
2 parties:
○ Council (dominates)
○ VCAT (7%)
4 VCAT differences with court: ○ Less formal ○ Member sits directly opposite the parties at the same level ○ No one is ever robed ○ One can represent one's self
Bounded by the natural justice
Role:
○ Apply the law, not make or argue (government’s and parliament’s role to)
○ Not to comment on the content of the planning scheme (a matter for Councils)
○ VCAT decision can only be appealed to the Supreme court on a point of law
Mention 6 steps of a review application to VCAT!
- Application review is lodged
- VCAT prepares initiating orders, deals with notice, documents, amended plans, need for practice day hearing, compulsory conference and hearing dates
○ Documents have to be reviewed by members before hearing - Alternative Dispute Resolution
○ Cases settled prior to a hearing between parties
○ Compulsory conferences as a form of mediation (65% success rate) - Hearing
○ Cheaper: (unlike other courts, ne can represent one’s self without decreasing the validity of one’s arguments)
○ Short cases (on the spot decision) and major cases
○ Same power for decision making with the council - Discretion
- Decision (oral/written)
Mention 5 parties involved in VCAT!
- Applicant for review, e.g. developers
- Responsible authority (council)
- Permit applicant or holder/owner
- Any objector who indicates they will attend the hearing (e.g. VicRoads object, if statutory, obliged to follow, if not, needs to justify)
- Any other party joined by the VCAT (e.g. a neighbor who wants to object)
What is adversarial system? Explain 4 reasons of adversial planning!
legal system where two parties represent their positions before a jury, who attempt to determine the truth and pass judgment accordingly
- Planning goals expressed as policy, but are open in interpretation
- Statutory interpretation of planning controls can also spark debate
- Opinion will differ and planning can become adversial
- Broader goals of planning are less understood
Explain why there is a change in VPP for “Better apartment, design standards”! What is the additional clause and the fundamental principle that changes?
- State Government undertook a review of apartment design, looking at internal amenity issues
- Additional Clause 58 for apartment development (5 or more storey, excl. basement)
- Fundamental change: No longer about how much can be fit to the site, but understanding the site and its constraints
Explain the 4 reasons why third parties are allowed to be involved in the planning system!
- Open interpretation of policy that can express planning goals
- Debates in interpreting statutory planning controls
- Different opinions
- Less concern on broader goals of planning when focusing on a particular landowner’s concerns
Who are the 3rd parties and their 2 conditions? What is natural justice? Provide (and define) a reasons why 3rd parties are allowed to be involved in the planning system. How are they involved?
3rd party: No direct involvement in the decision-making process (neither permit applicant and the decision maker/responsible authority)
Conditions:
- Directly affected (neighbors affected by over shadowing)
- Parties are impartial to the permit applicant and
Reason:
Supports Natural Justice: All parties given a fair go ensuring their position is heard and considered
Involvement:
- Object permits that affect them
- Make a submission to object an amendment
