Legislative Council petition #807 | presented 8 September 2026

Review the 'deemed to comply' pathway and restore local planning discretion

Petition sponsor: Ann-Marie Hermans
Response status: Awaiting Response
Portfolio: Planning
Response due: 8 October 2026

191 signatures

The petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council that Victoria urgently needs more housing, and we support increasing housing supply to improve affordability. However, recent planning reforms introducing the 'deemed to comply' pathway have significantly reduced the ability of local councils to exercise planning discretion when assessing developments subject to that pathway. Local planning policies and planning scheme amendments are developed through extensive community consultation, and local councils are best placed to assess the infrastructure capacity, public safety, drainage, flooding risk, transport impacts, cumulative development impacts, established tree canopy and neighbourhood character of their municipalities. A standardised assessment pathway may not adequately account for these diverse local circumstances or allow appropriate consideration of local issues where warranted. This petition does not oppose housing growth.

The petitioners therefore request that the Legislative Council call on the Government to review the 'deemed to comply' pathway under the Victoria Planning Provisions and support amendments to restore appropriate local council planning discretion when assessing developments subject to that pathway, including ensuring councils can properly consider local infrastructure capacity, public safety, drainage, flooding risk, transport impacts, cumulative development impacts, established tree canopy, environmental values and neighbourhood character where local circumstances warrant further assessment, and in undertaking this review consult with local councils, planning professionals, industry, environmental organisations and the community to ensure Victoria's planning system delivers increased housing supply while supporting well-planned, sustainable and resilient communities for current and future generations.
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