Learn about changes to planning schemes and guidance to make planning simpler
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Why are we making planning scheme changes?
We are making changes to planning schemes as part of the reforms to:
simplify and streamline planning permit application assessments
create clearer and more certain planning scheme requirements
improve and update planning system guidance for planners and applicants
Several changes to planning schemes have already been made.
Transport and land use planning
Amendment VC200 – State transport projects
On 17 February 2022, Amendment VC200 made the Minister for Planning the Responsible Authority for planning permit applications made by the Head, Transport for Victoria (T for V) or the Secretary of the Department of Transport. The requirements for these applications are specified in new clause 53.21 (State transport projects) in the Victoria Planning Provisions and all planning schemes.
The amendment also exempts specified land use and development for state transport projects from planning scheme requirements.
The changes were made to facilitate delivery of state transport projects.
On 20 January 2022, Amendment VC205 introduced a new Transport Zone to replace the Road Zone and Public Use Zone 4. Planning provisions are now consistent for all transport land, reflecting planning for a Transport System rather than for individual modes.
The amendment updated clause 52.29 (Land Adjacent to the Principal Road Network) to reference the new terminology, and clause 66.03 (Referral of permit application under other state standard provisions) to reference the new Transport Zone.
The amendment also changed 2385 planning scheme maps and local schedules in 69 planning schemes, to reflect the update.
Amendment VC204 - updates to State planning policy for transport
On 9 December 2021, VC204 updated the State planning policy to support a more integrated transport system. It is simpler and more certain for decision-makers, infrastructure providers and the community.
The changes will apply to Clause 18 (Transport) provisions in the Victoria Planning Provisions and all planning schemes. The amendment also made consequential changes to clauses 66.02, 65.01 and 65.02.
Victoria’s transport needs are changing. We need to plan for increased movement of people and goods, deliver critical infrastructure and jobs via our transport system. Delivering integrated transport and land use planning will ensure our cities and regions are:
efficient and liveable
well placed to face these contemporary challenges
The new provisions ensure land use planning decisions are made using clear and up-to-date information about State transport policy and the transport system, including the vision and objectives of the Transport Integration Act 2010. The Act puts the transport user and how they move, rather than individual transport modes at the centre of the transport system.
Clause 18 has been updated to recognise planning’s role in contributing to a safe, integrated, and sustainable transport system. Transport policy has been updated to include the relevant strategies and policies that have been developed by the Department of Transport and its predecessors.
The clause 18 structure has also been changed to separate transport system and movements network objectives. Policy for all movement networks have been reorganised to recognise their important role as part of the transport system, these networks include:
walking
cycling
public transport
roads
freight
ports
airports and airfields
Consequential changes have also been made to move all regional and local policies in clause 18 (Transport) to align with the relevant State policy. No change has been made to ports or airports and airfields policy content.
Amends clause 66.02 (Use and development referrals) to update the subclause heading from ‘Integrated Public Transport Planning’ to ‘Land use and transport integration’. This change reflects the important role of the Head of Transport for Victoria as a referral authority. They consider how land use change will contribute to integrated transport outcomes and impacts to the transport system.
Amends clause 65.01 (Approval of an application or plan) and clause 65.02 (Approval of an application to subdivide land) to include consideration of the impact of use and development on the transport system, to reflect the Transport Integration Act.
The Amendment identifies and defines key elements of the transport system, including the interchanges and infrastructure that are required to connect and operate the movement networks also form part of the transport system, along with land reserved for the future development of transport system. It introduces new definitions for Transport System and Transport Manager in Clause 73.01 (General Terms).
Amendment VC198 - facilitating major road and rail projects
On 14 May 2021, Amendment VC198 introduced 2 new planning provisions into the Victoria Planning Provisions and all planning schemes. The new provisions help the timely delivery of major road and rail infrastructure projects to support Victoria’s social and economic recovery from the coronavirus (COVID-19) pandemic.
The new provisions are at clauses 52.35 and 52.36. They provide exemptions from planning scheme and planning permit requirements, and exemptions from notice and review requirements for major road and rail projects, subject to meeting specified conditions.
The amendment also changed:
Clauses 37.03, 44.03, 44.04 and 44.05 (flood-related controls) to introduce a permit exemption for roadworks carried out by or on behalf of the Head, Transport for Victoria to the satisfaction of the relevant floodplain management authority.
Clause 52.29 (Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road) to exempt the Head, Transport for Victoria from the permit requirement.
Several clauses of the VPP to update references to ‘VicRoads’ and ‘Roads Corporation’ to ‘Head, Transport for Victoria’ as required to reflect section 318 of the Transport Integration Act 2010.
Amendment VC194 - facilitating state and local government projects
On 25 March 2021, Amendment VC194 introduced 2 new planning provisions to the Victoria Planning Provisions and all planning schemes. The new provisions facilitate the timely delivery of state and local government infrastructure projects to support Victoria’s social and economic recovery from the coronavirus (COVID-19) pandemic.
The new provisions are at clauses 52.30 and 52.31. The provisions provide exemptions from planning scheme and planning permit requirements, and exemptions from notice and review requirements for state and local government infrastructure projects, subject to meeting specified conditions.
Clause 52.30 establishes a standard planning approval process to prioritise the planning and assessment of state projects.
Clause 52.30 supports projects determined by the Minister for Planning to be a state project, usually by or behalf of, or jointly or in partnership with, or funded by the State of Victoria or a public authority, or on Crown land.
Projects could include road, rail and tramway works; water, sewage and flood mitigation infrastructure; and police and other emergency services facilities, as well as both public and private use and development, or use and development on Crown land.
Clause 52.31 exempts and streamlines planning requirements and processes, enabling local government to deliver services and infrastructure to communities more quickly and efficiently. It will make it easier for councils to deliver infrastructure and other projects that meet the needs of their communities, such as new or upgraded parks, sporting facilities, community facilities, libraries and town halls.
Read about how we are working to refresh content of the Ministerial Guidelines for industry, communities and state agencies.
The refresh of the Guidelines will help proponents and other stakeholders to better understand aspects of the Environment Effects Statement process and other assessment processes under the Environment Effects Act 1978.
The refresh is policy neutral and will update content, provide greater clarity about the Environment Effects Statement processes, and reflect DELWP’s current practices and policy in administering the Environment Effects Act.