MAV: Rural and Regional Planning Conference Kathy Mitchell, Chief Panel Member Planning Panels Victoria 29 June 2017

Introduction About Planning Panels Victoria Overview of 2016/17 matters What’s happening in regional and rural Victoria Typical Panel matters Advisory Committees 2016/17 Industry Forum Roundtables Ministerial Direction on Form and Content Tailoring our engagement approach – alternative approaches to planning Looking ahead - 2017/18 Summary

About Planning Panels Victoria

1. About Planning Panels Victoria Public participation Planning Panels are established under the Planning and Environment Act 1987 (the Act) and are a means of facilitating public participation in the planning and environment decision making process They provide a process to independently assess planning scheme changes or development proposals through consideration of submissions, conduct of Hearings and preparation of reports Planning Panels are advisory and make recommendations; with the final decision made by the responsible statutory body or the Minister for Planning Independent Advise and recommend

Planning Panels Victoria | Enabling legislation Planning and Environment Act 1987: Planning Scheme Amendments s153, s155 Combined Planning Scheme Amendment and Permit Applications: s96A, s153, s155 Advisory Committees: s151, s152 Planning permit applications – called in by Minister: s97B or s97C Environment Effects Act 1978: EES Inquiries: s9 Major Transport Projects Facilitation Act 2009: Major Transport Projects s35 and s235

Panels | Duty of a Panel Bound by provisions of the Planning and Environment Act 1987: s.153 – referral of submissions s.160 – hearings in public s.161 – rules of natural justice and procedural fairness s.161 – may inform itself on any matter in any way it thinks s.162 – right to be represented s.166 – technical defects s.167 – regulate its own proceedings Review mechanism s.39 – referral to VCAT if there are procedural issues

Planning Panels Victoria | Structure Chief Panel Member 6 Senior Members (full time) 3 Senior Project Managers / Officers 7 Senior Sessional Members 6 Administration Support Staff 60 Sessional Members includes 6 technical experts

2. Overview of 2016/17 matters 140 8,734 149 Panels and Advisory Committees Submissions considered Reports completed 1 Jul 2016 – 29 Jun 2017

Overview of 2016/17 matters Of the 140 matters appointed: Amendments 101 Advisory Committees 5 EES Inquiries 1 Combined Amendment and permits 19 Permit applications 7 Permit call-ins

What has been happening in regional Victoria?

3. What’s happening in regional and rural Victoria? Planning Scheme Amendments Approximately 64 in the past financial year, in 25 municipalities Most adopted as exhibited or subject to changes (only one recommended to be abandoned) 7 combined amendments and planning permit applications 4 Permit Call-ins Larger Councils - eg Greater Geelong (11), Surf Coast (6), Macedon Ranges (6), Wangaratta (4), Ballarat (4) (See handout for complete list)

4. Typical panel matters MSS and local policy reviews Site specific and area rezoning Heritage reviews Precinct Structure Plans Flood strategies Wind Farms – permit amendment applications Industrial land reviews Development contributions (including open space) Activity centre /retail reviews/ structure plans Landscape studies

Wind Farms Upcoming matters: Stockyard Hill Wind Farm: Pyrenees and Corangamite - permit amendment and new application for native vegetation removal and road access for powerline amend the current planning permit to allow for a reduced number of newer and more efficient wind turbines compared to the permitted wind farm Increase in increase overall turbine height from 132 to 180 metres Hearings February 2017, Report submitted 10 May 2017 (issued June 2017) Woolsthorpe Wind Farm: Permit amendment Panel Report submitted April 2017, Permit issued. Upcoming matters: Hawkesdale Wind Farm and Ryan Corner: Permit Amendment (expected to be referred to PPV in July 2017).

Mortlake South Wind Farm The Proposal: Amendment to the planning permit 2008/0538, Moyne Planning Scheme Brief description The application sought to allow for a reduced number of newer and more efficient wind turbines and increase the overall maximum height of the turbines from 141m to 186 m Submissions: 37 submissions (16 opposed) Key issues raised: visual amenity greater setbacks traffic birds and avifauna noise aviation Recommendation: The amendment to the Planning Permit be issued subject to changes. Report submitted 8 February 2017 Decision: The Minister for Planning issued an amendment to the permit on 23 April 2017

Macedon Ranges Strategic Planning Program MSS amendment (C84) directing population growth across the shire to settlements with most capacity Town structure plan reviews: C98 - Woodend, C99 - Kyneton, C100 Riddells Creek Key sites within structure plan areas: C102 - Low Density Residential Estate, C103 - Old Kyneton Pool, C105 – Equine Precinct Romsey and Gisborne town structure plan reviews planned for 2017/18 Rural living strategy (C110) focused on land in the rural living zone (9% of LGA). Evidence related to supply & demand, rural landscape and environmental protection issues A Farming Zone Strategy is in progress. Will develop vision and objectives for the uses and activities and any built form controls in the farming zone (48% of LGA). Prepared in conjunction with agribusiness sector Review of the rural conservation zoned land (27% of LGA) upcoming. Settlement Strategy Rural Living Zone Farming Zone Rural Conservation Zone

Regional Retail Amendments Mount Alexander C73 and PA072/2013 C73 and permit - rezones land, applies a DDO and issues a permit to facilitate a 1,500 sqm supermarket in Castlemaine. 35 submissions received 14 parties to the seven Hearing including: two senior counsel, nine expert witnesses and one lay witness Issues raised include: built form, visual impact, public realm interface, integration with the town centre, heritage, Aboriginal heritage, traffic, parking, land contamination, noise, landscaping, infrastructure, and impacts on economy and environment.

Regional Retail Amendments Greater Shepparton C192, C193 & PPA 2016-269 C192 – implements the Commercial Activity Centres Strategy C193 & permit – Rezones land to facilitate the development of a supermarket in Shepparton North 13 and 20 submissions received respectively (some common issues) Council requested that the amendments be considered by the same panel and be run concurrently Same members (3) for both amendments, but separately constituted One Directions Hearing, One Panel Hearing Panel to prepare one report, but make recommendations for each Amendment

Spring Creek Precinct Structure Plan Panel : Amendment C114 to the Surf Coast Planning Scheme, appt 29 June 2016 Purpose: Implements the Spring Creek Precinct Structure Plan Background Community Panel comprising land owners, community groups and residents took place in a series of workshops to consider how to ‘design urban growth that is in balance with the surrounding environment’. Recommendations of the Panel were provided to the Council which were used in developing a draft framework plan. Formal exhibition process. Submissions 80 submissions Key Issues: Density of development Size of the neighbourhood activity centre Location and extent of public open space The nature of the residential design controls (discretionary or mandatory) Vehicle connections and road network School interface Report: Final report submitted in January 2017 Outcome: Council working with VPA to respond to Panel recommendations and final Plan

5. Advisory Committees Advisory Committees address many and varied policy issues, however they usually fall into one of the following categories: proposals for a specific site (eg Flemington Racecourse) review of current State policy (eg residential zones) matters called-in by the Minister from VCAT (eg Ombersley Quarry) All appointments provided with Terms of Reference to guide the framework of consideration (including timeframes).

Government Land Standing Advisory Committee Appointed: August 2015 Purpose: “To report on the suitability of changes to the planning provisions to land owned by the Victorian Government”. The Committee provides a consistent and transparent process to facilitate the sale of government land identified as surplus. Sites referred: 25 sites in 7 tranches have been referred to the Committee, which include: Baw Baw: Blue Rock Road, Willow Grove 22 Paynters Road, Hill End 3-5 Rollo Street, Yarragon Moorabool: 200 Shaws Road, Ballan Northern Grampians: Crnr Wills and Brudenell Street, St Arnaud Surf Coast: 69B Harvey Street, Anglesea Swan Hill: 119 & 123 Curlewis Street, Swan Hill Key Dates: Rolling hearings and reporting in tranches

6. 2016/17 Industry Forum Roundtables PPV held its biennial round table forums in late 2016. Sessions had a community engagement focus, specifically on: Targeting regular submitters experiences in participating in a Panel process Identifying areas to improve participant experience PPV has prepared a consolidated report (April 2017) to highlight key issues raised, and areas where further improvements can be made.

2016/17 Industry Forums Summary Held 25 October 2016 Chaired by Susan Brennan SC Legal representatives and consultants Chaired by Trevor Budge 7 Councils attended Local government & government agencies Held 22 November 2016 Chaired by John Keaney Submitters & community stakeholder groups

Industry Forums | themes & actions Review standard Panel correspondence, including notification letters and user guides Run a ‘submitter information session’ for major matters to assist submitters in the process of presenting to a hearing Improving our Communication Run a PLANET course on how to present to planning panels Review the process for circulating expert witness reports, bulky documents and late evidence Develop a new direction for conclaves Ensure time between Directions Hearing and Panel Hearing is sufficient Improving our Processes Focus on consistency and quality in report writing and recommendations Focus on expert witness cross-examination and conclaves Chair and Member Training

7. Ministerial Direction on Form and Content The Ministerial Direction: Revised Direction gazetted on 24 May 2017 to improve the format and operation of planning schemes and provide additional guidance for drafting amendments. The Direction cannot be varied – where new ordinance doesn’t meet style requirements, it must be modified, rewritten to fit the Direction. For example, the design objectives in some controls (eg DDO) stipulate a maximum of five objectives. What does this mean for the Panel process? Councils are not expected to update current Amendments to comply, but Panels may recommend that Councils review the provisions and schedules of the Amendment during finalisation to ensure consistency with the revised Direction. Panels will not undertake a full assessment of Amendments in accordance with the revised Ministerial Direction on the Form and Content of Planning Schemes.

8. Tailoring our engagement: alternative approaches to planning Animals Industry Advisory Committee Collaboration between planning, agriculture and the farming community Discussion paper, and public hearings. Use of Reference Group Positive government response with government Strategy ‘Planning for sustainable animal industries released’. Committee made 37 recommendations: Supported 19 Supported in principal 12 Further investigation 5 The recommendations identified short and longer term actions.

Tailoring our engagement approach Major Hazard Facilities Advisory Committee Consultation with nominated parties, discussion paper, hearings. Convened a workshop with parties to discuss key directions before finalising report (with one lawyer commenting “we should do more of this”) The Advisory Committee provided advice on the way land use buffers around Major Hazard Facilities are determined and implemented. Managing Residential Development Advisory Committee Variety of engagement tools used The Advisory Committee reported on the application of zones that provide for residential development in metropolitan Melbourne and the four regional cities. Engagement included: Inception meetings, community forums, briefings and non adversarial ‘roundtable’ hearings.

9. Looking ahead - 2017/18 Key focus on reducing complexity, time and cost: Pre-set dates - allocation of major projects to members in advance No Directions Hearing for some matters Part A and Part B submissions Electronic correspondence Considering matters ‘On the Papers’ where appropriate Improved report templates Training for Panel Members Reducing travel and accommodation costs Online request to be heard at a hearing Operate ‘a paper light’ environment Looking forward: Liaison with VPA, VicRoads etc re upcoming major projects (Drysdale Bypass (Greater Geelong), Leneva- Baranduda PSP (Wodonga) South Shepparton PSP (Greater Shepparton)

10. Summary Planning Panels Victoria: continues to work well with Government (DELWP, DHHS, DEDJTR, VPA, VicRoads) and Councils provides a solid grounding for developing policy, with a strong focus on community engagement provides a platform for stakeholders to be involved in the planning process and to have a sense of ownership delivers planning policy in a transparent and open manner provides a robust and rigorous approach to considering planning proposals and difficult policy issues provides alternative approaches to planning, especially in consultation and engagement

Thank you