Planning Legislation Amendment Bill 2009

Bill and related documents

Planning Legislation Amendment Bill 2009 and Explanatory Memorandum

Statement of compatibility
Minister's Second Reading Speech

Acts amended by the bill:
Planning and Environment Act 1987
Docklands Act 1991
Heritage Act 1995
Local Government Act 1989
Melbourne Convention Centre and Exhibition Trust Act 1996

Background material

As Melbourne's population increases, the government must plan ahead for a projected population of 5 million people by 2030. This Bill attempts to modify existing planning laws in order to cope with this anticipated increase.

The Planning Legislation Amendment Bill 2009 amends the Planning and Environment Act 1987 and introduces a system of Development Assessment Committees (DACs). These function as a delegate of a responsible authority to make decisions on classes of applications specified by the Minister for Planning.

DACs will work in partnership with the local government sector, to make planning permit decisions in relation to areas and matters of metropolitan significance, including Melbourne's 26 Principal Activity Centres.

DACs will initially be introduced in Camberwell, Coburg, Doncaster Hill, central Geelong and Preston (High Street).

Specifically the bill proposes to:

• Give effect to the government's announced intention to establish development assessment committees as outlined in Planning for all of Melbourne, the Victorian government's response to the Melbourne 2030 Audit 2006.
  
• Amend the Local Government Act 1989 to provide an exception from a conflict of interest provision for a member of a development assessment committee.
  
• Allow for the Growth Areas Authority to facilitate urban growth in any part of Victoria, rather than being limited to the growth area municipalities as currently defined in the act.
  
• Make unrelated amendments to the Docklands Act 1991, Heritage Act 1995, and Melbourne Convention and Exhibition Trust Act 1996.

The Victorian government sees it as imperative to provide for more housing close to transport, to balance the locations of jobs and housing, maximise the use of existing infrastructure, protect neighbourhood amenity and preserve green spaces and agricultural opportunities around the city. This document provides an overview of this plan: Planning for all of Melbourne: the Victorian Government response to the Melbourne 2030 Audit (May 2008).

The following factsheets provide background to the government's future planning initiatives:

• Development Assessment Committees - DACs (Planning for all of Melbourne fact sheet)
• Development in Activity Centres (fact sheet)
• Partnerships for Planning (fact sheet)
• More factsheets are also available from the departmental website

Melbourne 2030: Audit expert group report (March 2008)
"The Audit Expert Group is to provide a set of conclusions on issues it sees as relevant to the effective implementation of Melbourne 2030. The policy aspects of Melbourne 2030 are not under examination. The AEG will review the principal findings of DPCD's stocktake and will report via the Convenor to the Minister for Planning." (Terms of Reference, p 73)

Over 200 individual submission were received by the government to its 2030 Audit review. Many of these came from local government and are collated here: Melbourne 2030 Audit submissions

Melbourne 2030 Audit: Analysis of Progress and Findings from the 2006 Census (2007)
"This report outlines key findings of the 2006 Census and provides an analysis of progress made in implementing Melbourne 2030. These findings have been informed by early analysis of 2006 Census data, a review of Victorian Government actions in implementing Melbourne 2030 and the views of key stakeholders." (Purpose of this Document, p 3)

Useful websites and resources

Planning: a short guide (2008)

Cutting red tape in planning report and summary brochure (2006)

Melbourne 2030 - in summary (DSE)
Activity Centres overview and Boundaries for Activity Centres (DSE)

Melbourne 2030: a planning update - Melbourne@5 million report and fact sheet (Dec 2008)

Growth Areas Authority

Modernising Victoria's Planning Act (discussion paper, submissions close 1 May 2009)

Planning panels and committees (Department of Planning and Community Development)
Victoria's planning schemes
Victorian planning legislation and regulations

Conflict of interest in local government: a guide (Local Government Victoria, 2009)
Local Government Victoria - Find your local Council

Municipal Association of Victoria - Land use planning
Australian Local Government Association - Development Assessment
Urban Development Institute of Australia (Victoria)

Advocacy Groups

For arguments against the bill, check resident action groups such as Save Our Suburbs who have been vocal in criticising the Victorian Government for removing Council Planning Powers and replacing them for major activity centre development.

Planning Backlash (hosted by Marvellous Melbourne) is an "umbrella" for co-ordinated action by a wide range of groups across city, country and coast concerned with what it considers to be inappropriate planning occurring in Victoria.

According to the Liberal Party, the City of Greater Geelong is opposed to DACs.

Planning economist, Marcus Spiller, has called for "major intensification" around public transport corridors and suggested that suburban areas should be transformed into "energy farms".

The Property Council of Australia supports DACs.

Read the Urban Development Institute of Australia (Victoria), position paper on Activity Centres.

Media coverage

Government media releases:

• Feb 2009 - (Statement of Government Intentions - excerpt) - 'Planning for future growth'
• 5 Dec 2008 - 'Planning'
• 29 July 2008 - (A year of action excerpt) 'Communities'
• 21 May 2008 - 'Local planning bodies the next step in growth strategy'
• 21 May 2008 - 'Brumby and Madden discuss 2030'

See article about a recently leaked government report in, 'High-rise plan to halt the sprawl' (The Age 30 April 2009)

Comparative information

Australia
Development Assessment Forum and Documents and reports

South Australia
Development Assessment Commission

New South Wales
Department of Planning - Development Assessment
Research Paper - NSW Parliamentary Library: 'Local Development Assessment in NSW' (2004)

Queensland
Department of Infrastructure and Planning - Integrated Planning Act 1997