Tuesday, 7 June 2022

ResCode reform

Mr HAYES (Southern Metropolitan) (19:46): (1962) My adjournment matter is also to the Minister for Planning. Councils have raised concerns that the proposed changes intended to improve the operation of ResCode will actually undermine the role of local policy in protecting and enhancing neighbourhood character. Councils have expressed concern that the Department of Environment, Land, Water and Planning has not provided a sufficient period for consultation to properly consider the proposed reforms. The burden on council resources to introduce, amend and revise their neighbourhood character provisions will be huge, particularly when they are concerned the proposed system will result in less favourable outcomes for communities.

Protection of neighbourhood character was a key direction given to the state planning provisions introduced by the Bracks Labor government. The Municipal Association of Victoria has said it is critical that local discretion around character and other detailed design elements remains part of the planning system. These reforms must not weaken councils’ ability to develop and implement local policy. Local planning policies are vital to meeting community expectations, expressing local character and providing guidance as to how change will be managed. Councils must retain the right to strive for higher standards above the statewide baselines for dwelling design. Neighbourhood character cannot be assessed through solely applying purely quantitative measures. The fundamental importance of qualitative measures is expressly acknowledged in planning practice note 43, ‘Understanding neighbourhood character’, with references to measures such as rhythm, consistency and respect. The practice note also clearly states that any assessment that takes a tick-a-box approach to identifying the features and characteristics of the neighbourhood is not sufficient. It is this statement that underpins the position of the MAV and municipal councils in their position on these reforms.

Implementing the proposed reforms will require councils to undertake new or updated strategic planning work on neighbourhood character. This is highly resource intensive work that will require significant investment of council time and funding. It is a particular concern to the councils that the proposed performance assessment model, PAM, will be introduced before the councils have the opportunity to amend their zone schedules. The action I seek is that the minister provides an undertaking that the state-led amendment implementing the new PAM system will not jump ahead of councils’ work on amendments that update zone schedules in line with the new system.