Decisions that have Shaped Planning in Rural and Regional Victoria: MAV: Rural and Regional Planning Conference 2013 Decisions that have Shaped Planning in Rural and Regional Victoria: One Step Ahead …. Kathy Mitchell, Chief Panel Member, Planning Panels Victoria 4 July 2013

1. Planning Panels Victoria Role of Planning Panels Independent forum for the conduct of public hearings and consideration of submissions Prepares reports and recommendations in respect of Planning Scheme Amendments, Environment Effects Inquiries, Advisory Committees and other referred matters Structure 7 full time Panel Members, (plus project manager/officer and admin support staff) – all very approachable 70 Sessional Panel Members with various skills and backgrounds ( reviewed late 2012)

1. Planning Panels Victoria PPV is not VCAT VCAT makes decisions based on the existing law and VPPs – focus on statutory planning Panels are often concerned about changing the Planning Scheme – the focus is on strategic planning Panels are not the final decision maker – they provide independent, expert advice to the Planning Authority and Minister PPV does not make decisions Notwithstanding, most Panel recommendations are accepted and adopted

2. Key PPV Matters MSS Reviews Growth Area Plans Coastal Strategies Retail Reviews Rural Strategies EES Projects Gaming Policies Wind Energy Facilities ‘Omnibus’ (Southern Grampians C25) Standard Development Contributions Advisory Committee

3. MSS Reviews Ballarat, Bass Coast, Wodonga, Mildura, Warrnambool, Moorabool, Campaspe, Colac Otway, Indigo, et al Complementary to, and consistent with the SPPF MSS’s to be written concisely and in plain English Are strategically based and robust Provide clear policy direction for the municipality Adhere to best practice guidelines and precedent Focus on relevant themes and/or geographic spaces Clause 21 and Clause 22 do not repeat each other - eliminate verbosity and repetitiveness What most regard as policy, can be included as part of Clause 21 Structure and language continues to raise issues PPV consolidated report on drafting of MSS’s Its all about the process Some controversy about whether Panels has a broader responsibility to ensure that the detail of Amendments is technically perfect OR Just recommend in relation to unresolved submissions – Example Port Phillip Planning Authorities get agitated if we ‘stray outside our brief’. VCAT get agitated if we don’t Authorisation process through DPCD is supposed to deal with this – but doesn’t always pick up anomalies. Eg Horsham Authorisation process might be something that may change ??

DCPs, who should pay and apportionment 4. Growth Area Plans Armstrong Creek, Ballarat West, North of Merri River Warrnambool, Latrobe, Shepparton DCPs, who should pay and apportionment Level of detail in a PSP or Master Plan - long term framework plans Multiple or single landowners Timing and staging issues Biodiversity, native vegetation Different views on the ‘vision’ for an area between Council and landowners As a Panel or Advisory Committee? Doing the strategy work may take anything up to 2 years on its own Strategic work is important – it must align with State policy and MSS

Greater Geelong, Glenelg, South Gippsland, East Gippsland, Bass Coast 5. Coastal Strategies Greater Geelong, Glenelg, South Gippsland, East Gippsland, Bass Coast Complex matters that require significant thought and time Planning responses to flooding and erosion threats Rising sea levels – 0.8m policy directive Protection of coastal landscapes Introduction of Significant Landscape Overlay, Environment Significance Overlay, Design and Development Overlay, Development Plan Overlay into various schemes Inclusion of new local policy re coastal Structure Plans Consideration of appropriate controls (e.g. Narrawong) Other rules of Natural justice: The right to defend charges The right to be represented The right to not be intimidated The opportunity to prepare a case No prejudgement

Wellington C71: Old and Inappropriate Subdivision 5. Coastal Continued Wellington C71: Old and Inappropriate Subdivision Council proposed to introduce permanent development controls and back zoning of 90 Mile Beach subdivision area to the RCZ Council and the State Government have also been running a voluntary title hand back scheme, in recognition that development is inappropriate Nearly 12,000 residential lots created without services in the 1950s – 1970s in the dunes Panel supported the Amendment but recognised the difficulty that land holders have faced in attempting to develop or gain fair value for their lots, often purchased in good faith over 40 years ago

Mildura C63, C67 and C68, Warrnambool C63, C70, C84, Bass Coast 6. Retail Reviews Mildura C63, C67 and C68, Warrnambool C63, C70, C84, Bass Coast ‘Competition’ based on policy between major players, particularly supermarkets Strategy – and then along comes something outside of the Strategy – how to deal with it Very dynamic retail and commercial environment Cost and length of time to deal with retail amendments – often very highly contested – will that change with the introduction of the two new Commercial Zones? Multiple amendments heard together – savings in time and cost

7. Rural Land Use Strategies Baw Baw C44; Campaspe C69, Shepparton C121, Moira C51; Ballarat C148 and C149; Surf Coast C67; Colac Otway C69 One Panel to hear three amendments in three municipalities as part of one process When and how to use the RAZ and RCZ Greater flexibility in use of the FZ Fire, water and other environmental constraints Protection of agriculture in the regions As of right provisions

8. EES Projects Geelong Ring Road, Lonsdale Golf Course, Point Lonsdale (Stockland) Redevelopment, Princes Highway EES, Western Highway duplication (3 projects), Tarrone Power Station Resourcing – very high costs to all players Community angst – no change scenario Native vegetation and threatened species VicRoads standards – variation in different regions EES processes – result in very technical reports, significant amount of detail Difficult for local Communities to absorb

10. Gaming Policies Benalla C21, Campaspe C87, Macedon Ranges C64, Greater Geelong C168, Mitchell C50, Greater Bendigo C110, Ballarat C154 (current) Local planning policy Mapping prohibited areas Mapping discouraged areas Net community benefit Socio economic and gaming vulnerability indices Destination gaming Existing use rights Township zone

11. Wind Energy Facilities Assessed 23 major wind farms under EES or called in permit provisions between 2002-2010 Flora and fauna Landscape Noise Construction traffic Social division Planning control handed back to Local Government in 2011 Limited new proposals being considered by PPV Some now being considered through EES process, e.g. Penshurst in western Victoria

12. Omnibus (Southern Grampians) Amendment C25 (multiple components) Hamilton Structure Plan Economic Development Strategy Retail Strategy Planning Scheme review – revised MSS Hamilton Airport Master Plan Various rezonings in and around Hamilton Introduction of various Urban Design Master Plans Introduction of a Parking Precinct Plan Identification of an investigation route for a proposed truck bypass (heavy vehicle route) South Gippsland – four amendments heard together

Standard Development Contributions AC 13. Advisory Committees Standard Development Contributions AC Report 1 – Setting the Framework - released January 2013 Report 2 – Setting the Levies - submitted May 2013 Significant consultation – engaged with all regions in Victoria, as well as in Qld and NSW Development Settings, Allowable Items Standard Levies for Growth Areas, Urban Areas and Strategic Development Areas Potential exists for all municipalities to set levies for all forms of new residential and commercial and industrial development for local items of infrastructure

14. Concluding Comments PPV recognises the strategic work that Councils put into amendments PPV understands the tightness of resources and that most work is done in house, with varying levels of support from elected representatives More self representation at Panels – mostly very good Although, sometimes better to have an advocate, particularly in contested matters Grouping of amendments to save costs, and to achieve consistency in consideration by Panels In preparation for hearings, read like matters Ministerial Direction No 15 is working very well, gives good notice of forthcoming matters