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Planning
CITY OF MELBOURNE
Planning
and
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Act 1987
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Purposes of the Act
To establish a framework for planning the use,
development, and protection of land in Victoria in the
present and long term interests of all Victorians.
Aspects
of
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the Planning and
Environment Act
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• Sets out purpose and objectives of planning in Victoria
• Victoria Planning Provisions
• Establishes procedures for:
 Preparing and amending planning schemes – Planning
Authority
 Administration of the planning scheme, permit
applications, and decisions – Responsible Authority
• Provides for third party participation – Referral Authority,
Advertising, Objectors (permits), Submitters (planning
scheme amendments)
• Appeals / Reviews – Victorian Civil & Administrative
Tribunal (VCAT Act 1998)
• Enforcement – Responsible Authority
The
objectives
planning
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in Victoria are:
(a)totoeditprovide
for the
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orderly, economic and sustainable use,
and development of land;
(b) to provide for the protection of natural and man-made
resources and the maintenance of ecological processes and
genetic diversity;
(c) to secure a pleasant, efficient and safe working, living and
recreational environment;
(d) to conserve and enhance those buildings, areas or other
places which are of scientific, aesthetic, architectural or
historical interest;
(e) to protect public utilities and other assets and enable the
orderly provision and co-ordination of public utilities;
(f) to facilitate development in accordance with the objectives
set out in paragraphs (a), (b), (c), (d) and (e);
(g) to balance the present and future interests of all Victorians.
Important Dates
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• 1991 : Docklands Act proclaimed
• March 1999 : Current Melbourne Planning Scheme approved
• August 1999 : Docklands Authority becomes the responsible
authority for subdivisions
• July 2007 : City of Melbourne becomes the municipal authority for
Docklands
• April 2008 : Amendment C92 to the Melbourne Planning Scheme
introduces Docklands as a zone within the Scheme rather than
being covered by a separate planning scheme. The City of
Melbourne also becomes the responsible authority for subdivisions.
• November 2010 : The City of Melbourne is made the responsible
authority for a small developed area of Docklands.
• October 2012 : The City of Melbourne becomes the responsible
authority for all use and development in Docklands except for
buildings in excess of 25,000 sq m in area
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Melbourne Planning Scheme
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• The planning scheme controls land use and
development within a municipality. It contains
State and local planning policies, zones and
overlays and other provisions that affect how
land can be used and developed.
• The planning scheme will indicate if a
planning permit is required to change the use
of land, or to construct a building or make
other changes to the land.
• Every municipality has its own planning
scheme. There are also planning schemes for
which other organisations are responsible,
such as the Port of Melbourne Planning
Scheme.
What
information
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is in a planning
scheme?
There are two types of
information in a planning
scheme:
 a set of planning
scheme maps that show
the zones and overlays;
and
 written information or
ordinance that sets out
the requirements of the
policies, zones and
overlays.
What
is a
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Zone?
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The
planning
scheme
zones land for particular uses, for example,
residential, industrial, business or other.
The zones describe if a planning permit is required, and the matters
that the council must consider before deciding to grant a permit.
The zone also contains information relating to land uses,
subdivision of land, construction of new buildings and other
changes to the land.
A zone sets out land use controls in three sections:
• Section 1: Land uses that do not require a planning permit.
• Section 2: Land uses that require a planning permit.
• Section 3: Prohibited uses. Some uses are not allowed on land in a
zone because they may conflict with other uses; for example,
industry is prohibited in the Residential 1 Zone.
Docklands Zone Map
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DZ1
Yarra’s Edge
Precinct
DZ2
Victoria Harbour
Precinct
DZ3
Batman’s Hill
Precinct
DZ4
Stadium Precinct
DZ5
Comtechport
Precinct
DZ6
Business Park
Precinct
DZ7
Waterways
What
‘Use’
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‘Development’ Mean?
•ClickUse
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refers
to using land for a
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particular purpose (such as a dwelling or a
shop) and may not involve building anything.
• Development includes the construction,
alteration or demolition of a building or works
and the subdivision or consolidation of land.
• In some zones, both the development of land
and a proposed new use may require a
permit.
• In other zones, the use may not require a
permit, but a permit may be required to
construct the building (the development) for
the use.
What
is an
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Overlay?
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• Some areas have controls (known as
overlays), such as areas that have
heritage significance or height controls.
• The planning scheme map may show
that a piece of land has an overlay as
well as a zone affecting it.
• Some land may be affected by more than
one overlay, e.g significant vegetation or
flood risk.
• The overlay information will indicate if a
planning permit is required for the
construction of a building or other
changes to the land.
Policy
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Framework
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• Planning policies are statements about
how decisions will be made. State
planning policies are concerned with
issues such as urban consolidation
and neighbourhood character, while
local planning policies are concerned
with issues of regional or local
significance.
• The council must take into account
both the State and local planning
policies when making a planning
decision.
Municipal
Strategic
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Statement
• The Municipal Strategic Statement (MSS) is an integral part of
the Melbourne Planning Scheme. It describes a strategic
framework and sets out broad strategic aims and directions for
the City of Melbourne over the next 4 years.
• Provides direction on the implementation of the Melbourne
Planning Scheme and is directly used in the assessment of
planning applications.
• Under legislation all Councils must review their MSS every 4
years.
What Must a Responsible Authority
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Consider when Determining an Application?
• the
planning
scheme
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•
•
•
•
the objectives of planning in Victoria
objections and submissions
any decision and comments of a referral authority
any significant effects the use or development may have on the
environment or the environment may have on the use or development.
And may consider:
• any significant social and economic effects of the use or development
• any relevant State environment protection policy - Environment
Protection Act 1970
• any strategic plan, policy statement, code or guideline adopted by a
Minister, government department, public authority or municipal council
• any amendment to the planning scheme which has been adopted by a
planning authority but not yet approved by the Minister or a planning
authority;
• any agreement made pursuant to section 173 affecting the subject land;
• any other relevant matter.
decision
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a Responsible
Authority make?
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The responsible authority may decide
(a) to grant a permit;
(b) to grant a permit subject to conditions; or
(c) to refuse to grant a permit on any ground it thinks fit.
The responsible authority must decide to refuse to grant the permit
if a relevant referral authority objects to the grant of the permit.
If a responsible authority fails to make a decision about the
application within 60 days, an applicant can apply for a review to
VCAT. The 60 days must be calculated in accordance with
Regulation 30 of the Planning and Environment Regulations 1998.
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with the
Minister
for Planning
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• Generally speaking a local Council is responsible for all planning
decisions within its municipality.
• Within the City of Melbourne, because it is the capital city
Council, the Minister for Planning is responsible for planning
decisions on major development proposals.
• The Council is the decision maker for approximately 95% of all
applications, however many major projects are determined by
the Minister.
• A complete list of instances where the Minister for Planning is the
responsible authority for planning decision making is in Clause
61 of the Melbourne Planning Scheme.
fortitle
Planning
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The
Minister
for Planning’s
Responsibilities
responsibilities include, but are not
limited to:
• Developments with a gross floor area exceeding
25,000 square metres
• Development and use of land for or on behalf of a
Minister of the Crown
• Melbourne Casino
• Melbourne Convention Centre Development, Southbank
• Royal Children’s Hospital, Flemington Road, Parkville
• Former CUB brewery, Swanston Street, Carlton
• Carlton Housing Estate redevelopment
• Commonwealth Games Village Royal Park
• Flemington Racecourse and Royal Melbourne Showgrounds
• Myer and David Jones Redevelopments
• Sports and entertainment facilities including the MCG,
Vodafone Arena and Rod Laver Arena
The Internal Planning Application Process
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Application lodged with
Council
All Councillors notified via
weekly list
Obtain more information if
necessary
Referred to Statutory
Authorities if necessary
Public Notice given if
material detriment may be
caused
Consult with objectors,
applicant and Councillors
Referred to Council’s
Planning Committee
Decision made by officers
under delegation
Issue Permit if no
objections
Issue Notice of Decision to
issue permit if objections
Refusal of Permit
Issue Notice of Decision to
issue permit if objections
Refusal of Permit
Applicant may appeal
conditions to VCAT
Applicant/Objectors may
appeal to VCAT
Applicant may appeal to
VCAT
Applicant/Objectors may
appeal to VCAT
Applicant may appeal to
VCAT
Appeals
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• Once Council has made a decision on a planning application, an
application for review (appeal) can be lodged with the Victorian
Civil and Administrative Tribunal (VCAT).
• Amendments can be made to a planning permit once issued by
lodging an Application to Amend a Permit with Council, or where
the Permit has been issued at the direction of VCAT, the
application must be made to VCAT.
• In the case where minor modifications to the endorsed plan(s)
are sought these can usually be dealt with under a process
known as secondary consent. Permit conditions can not be
varied or deleted by secondary consent.
Planning
Key
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Services
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Planning Permits
•
Determination of planning applications under delegation from Council.
This includes both technical and general planning advice, liaison with
other departments, external authorities, applicants and objectors, and
represent Council at VCAT.
Melbourne Planning Scheme Enforcement
•
On occasion building works are carried out, or a new use is
commenced, without the appropriate planning permit. Planning officers
investigate complaints of alleged illegal building works or uses.
Planning and Heritage advice
•
The City of Melbourne has extensive and detailed planning and heritage
policies and guidelines. Many parts of the city are covered by heritage
provisions and specialist advice is available to ensure developments
enhance the heritage values of significant buildings and precincts.
Planning
the
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City of Melbourne
useful web sites
• http://www.melbourne.vic.gov.au
• http://www.dpcd.vic.gov.au/planning/planningschemes