Cutting Red Tape in Planning Progress Report

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Cutting Red Tape in Planning Progress Report - June Quarter 2009

The Cutting Red Tape in Planning review was conducted to determine a range of improvements to the planning system. The 15 recommended actions range from ‘expanding e-planning capacity’ to ‘make state policy more relevant to local decision making’. Some of the proposed actions can be carried out immediately and others involve intensive investigation and examination.

The table below details what actions are currently being examined, investigated and implemented.

Action Description Status

1 Introduce a code assess track

1.1 Trial methods to implement the code assess track. Use the results to recommend an implementation method.
Update: Approach being developed to introduce code assess into Victoria Planning Provisions. In progress

2 Expand e-planning capacity

2.1 Develop a framework for the future development of on-line planning systems in Victoria and establish an expert working group to guide investment.
Update: A 'road map' for the development of e-planning in Victoria has been completed and a memorandum of understanding has been entered into between DPCD & MAV on its implementation. Complete

2.2 Integrate DPCD online systems to offer improved access to information and a range of online planning services. One product of this work is an electronic application form for use across the State, developed with the Office of Small Business and the federally funded Easybiz program.
Update: Planning Maps Online and Planning Property Report services provide interactive searching for individual properties and planning controls by typing in the property address.
Planning Applications Online: Went live on the 18th August and is being trialled with a small number of councils, applicants, referral agencies and VCAT. In progress

3 Refine referrals

3.1 In consultation with referral authorities, examine options to:

review all referrals in planning schemes and decide whether a standard agreement can be put in place to reduce the need for some referrals in each case.
introduce a deemed to consent provision if no response to a referral is received in 21 days.
provide for prior consent from referral authorities before submission of an application for specified types of applications.
Update:

Action 3 Refine referrals complete. After stakeholder consultation in 2007, program of improvements was identified and being implemented.
A program to remove provisions that require non-statutory referrals has commenced with fast tract amendments to facilitate early removal of these requirements.
Standard referral form to be piloted prior to implementation across Victoria.
Referral authority requirements that can be applied across the State to be progressively written into appropriate sections of planning schemes.
Planning applications online will enable greater use of referrals.
Practice note on referrals being updated.
Web based single point of referral information being established.
Complete

4 Align notification and review with impact

4.1 Examine legislation to clarify consideration of objections so that objections that do not relate to the purpose of the application
can be disregarded.
Update: Examined and determined not possible to legislate. Complete

4.2 Introduce a new class of notification, to give three classes of notification, and specify the class of notice to be given for all
applications.
Update: A new class of notice is proposed in the draft residential zones discussion paper. In progress

4.3 Prepare guidelines that set out best practice notification procedures.
Update: Internal discussion paper complete. In progress

5 Promote efficient decision-making

5.1 Develop one or more model delegation instruments for councils to consider. MAV / VLGA Implementation

5.2 Encourage the regular review of delegation schedules as part of the review of planning schemes.
Update: Survey of delegations completed, together with recent Planning Permit Activity Data, indicates delegated decisions make up 96% of decisions on planning applications. Complete

5.3 Develop a model for the wider use of ‘expert’ committees early in the application process to support councils in making significant decisions. MAV / VLGA Implementation

5.4 Provide planning skills support for councillors, including continuing to conduct councillor training programs for planning matters. Complete

6 Reduce amendment timeframes and documentation

6.1 Publish performance targets for amendment processes.
Update: Advisory Note: PDF Icon Reducing amendment timeframes Feb 07 (PDF - 48 KB)
Complete

6.2 Develop a protocol so that a panel can be pre-appointed, and the date for a directions hearing specified before exhibition when appropriate.
Update: Advisory note: Reducing amendment timeframes by pre-setting panel hearing dates, July 2007 (PDF - 41 KB)
Complete

6.3 Review the Strategic Assessment Guidelines so that the level of strategic justification needed is proportional to the significance of the proposal.
Update: Revised PDF Icon Strategic Assessment Guidelines April 2008 (PDF - 298 KB)
Complete

6.4 Develop new simplified amendment documentation suitable for inclusion in electronic amendment systems. In progress

7 Remove unnecessary matters

7.1 Institute a procedure to fast track the removal or correction of redundant provisions in planning schemes.
Update: Advisory Note: PDF Icon A protocol for fast tracking amendments (PDF - 51 KB)
Complete

7.2 Identify further matters that do not need planning approval.
Update: More minor matters removed from planning system by Amendment VC49, approved 15th September 2008. Complete

7.3 Revise the Strategic Assessment Guidelines to improve the tests for new or expanded controls or referrals provisions.
Update: Revised PDF Icon Strategic Assessment Guidelines April 2008 (PDF - 298 KB)
Complete

7.4 Rewrite overlays so that only matters linked to the purpose of the control need planning approval. Not started

7.5 Review the need for planning approval where there are duplicate processes, in consultation with relevant agencies. Ongoing

8 Review targeted VPP provisions

8.1 Review the heritage, car parking and signage provisions in planning schemes and associated guideline documents.
Update on Car parking provisions: An advisory committee review of car parking provisions completed. Car parking: In progress

Update on Heritage Overlay: Final report of advisory committee reviewing the Heritage Overlay has been released.
Progressive implementation of recommendations is underway. Heritage: Ongoing

Update on Signage: An advisory committee review of advertising completed. Signage: In progress

8.2 Review the definitions in planning schemes. Not started

9 Make State policy more relevant to local decision-making

9.1 Publish a discussion paper on the structure of the SPPF and its relationship to local policy.
Update: Expert group established, SPPF discussion paper being prepared. In progress

9.2 Introduce a protocol about DPCD attending VCAT and PPV hearings. Complete

9.3 Audit the SPPF every four years to improve its effectiveness including how policies are best made relevant and effective for local decision-making.
Update: The results from the SPPF review will determine future actions on this initiative. In progress

10 Make local planning policy stronger

10.1 Establish an expert team or teams to provide independent advice to councils about more effective expression of existing and new
local planning policies to provide greater certainty and facilitate amendments to planning schemes arising from this process.
Update: Terms of engagement and teams available upon request from Council. Ongoing

10.2 Publish a Ministerial Statement about the role of local policy in decision-making.
Update: Making local policy stronger report released October 2008, sets out an action plan of five recommendations and eleven complementary actions that will progressively make local policy stronger.
PDF Icon Making local policy stronger - June 2007 (PDF - 778 KB)
Five point priority action plan (PDF - 564 KB)
Ongoing

10.3 Ensure the preamble of the LPPF gives better instructions about the role and weight of local policy in planning decisions.
Update: The results from the Making local policy stronger projects will determine future actions on this initiative. In progress

10.4 Review the VPP Practice Note Writing Local Planning Policy to supplement the expert teams and promote greater consistency
in the expression of local planning policy and to clarify issues relating to certainty in language and expression.
Update: The results from the Making local policy stronger projects will determine future actions on this initiative. In progress

10.5 Examine the legislative requirements associated with the three-year review of planning schemes.
Update: The Planning and Environment Act amended to allow planning schemes to be reviewed every four years. Complete

10.6 Encourage new strategic studies to include proposed planning scheme provisions at the time of consultation so that they
can be easily progressed through to planning scheme amendments. Ongoing

11 Develop skills

11.1 Establish a structured graduate training program within the planning industry. In progress

11.2 Use the PLANET training and professional development program to provide training in areas of new need or gaps.
Update: PLANET professional development programs, 2009 Ongoing

11.3 Create an online ‘planning portal’ through which information about the planning system can be easily accessed.
Update: Improved planning web site operational July 2007. Ongoing

12 Share resources

12.1 Implement the MAV Planning Bank program.
Update: MAV Planning bank operational. MAV / VLGA Complete

12.2 Share information about strategic work amongst regions and promote combined projects between councils. Ongoing

12.3 Promote the ‘pooling’ of resources for particular projects and functions. Ongoing

13 Improve enforcement capacity

13.1 Publish an enforcement manual to assist councils with limited enforcement resources to undertake their enforcement function.
Update: Contact the, Planning Enforcement Officers Association for a copy of the Guide to Planning Enforcement in Victoria. Complete

13.2 Develop ways to implement systematic compliance inspections for planning permits. In progress

14 The Planning and Environment Act 1987

14.1 Examine the issues raised regarding the Planning and Environment Act 1987 and update the Act as necessary.
Update: The submissions received in response to the discussion paper are now available online. In progress

15 Update planning fees

15.1 Compile the data needed to support an examination of planning fees so that the system is fairer to all stakeholders.
Update: Planning and Environment Fees Review is underway. In progress

Accessing planning documents | Contact planning | Planning site map

Action	Description	Status

1	Introduce a code assess track
1.1	Trial methods to implement the code assess track. Use the results to recommend an implementation method. Update: Approach being developed to introduce code assess into Victoria Planning Provisions.	In progress

2	Expand e-planning capacity
2.1	Develop a framework for the future development of on-line planning systems in Victoria and establish an expert working group to guide investment. Update: A 'road map' for the development of e-planning in Victoria has been completed and a memorandum of understanding has been entered into between DPCD & MAV on its implementation.	Complete
2.2	Integrate DPCD online systems to offer improved access to information and a range of online planning services. One product of this work is an electronic application form for use across the State, developed with the Office of Small Business and the federally funded Easybiz program. Update: Planning Maps Online and Planning Property Report services provide interactive searching for individual properties and planning controls by typing in the property address. Planning Applications Online: Went live on the 18th August and is being trialled with a small number of councils, applicants, referral agencies and VCAT.	In progress

3	Refine referrals
3.1	In consultation with referral authorities, examine options to: review all referrals in planning schemes and decide whether a standard agreement can be put in place to reduce the need for some referrals in each case. introduce a deemed to consent provision if no response to a referral is received in 21 days. provide for prior consent from referral authorities before submission of an application for specified types of applications. Update: Action 3 Refine referrals complete. After stakeholder consultation in 2007, program of improvements was identified and being implemented. A program to remove provisions that require non-statutory referrals has commenced with fast tract amendments to facilitate early removal of these requirements. Standard referral form to be piloted prior to implementation across Victoria. Referral authority requirements that can be applied across the State to be progressively written into appropriate sections of planning schemes. Planning applications online will enable greater use of referrals. Practice note on referrals being updated. Web based single point of referral information being established.	Complete

4	Align notification and review with impact
4.1	Examine legislation to clarify consideration of objections so that objections that do not relate to the purpose of the application can be disregarded. Update: Examined and determined not possible to legislate.	Complete
4.2	Introduce a new class of notification, to give three classes of notification, and specify the class of notice to be given for all applications. Update: A new class of notice is proposed in the draft residential zones discussion paper.	In progress
4.3	Prepare guidelines that set out best practice notification procedures. Update: Internal discussion paper complete.	In progress

5	Promote efficient decision-making
5.1	Develop one or more model delegation instruments for councils to consider.	MAV / VLGA Implementation
5.2	Encourage the regular review of delegation schedules as part of the review of planning schemes. Update: Survey of delegations completed, together with recent Planning Permit Activity Data, indicates delegated decisions make up 96% of decisions on planning applications.	Complete
5.3	Develop a model for the wider use of ‘expert’ committees early in the application process to support councils in making significant decisions.	MAV / VLGA Implementation
5.4	Provide planning skills support for councillors, including continuing to conduct councillor training programs for planning matters.	Complete

6	Reduce amendment timeframes and documentation
6.1	Publish performance targets for amendment processes. Update: Advisory Note: Reducing amendment timeframes Feb 07 (PDF - 48 KB)	Complete
6.2	Develop a protocol so that a panel can be pre-appointed, and the date for a directions hearing specified before exhibition when appropriate. Update: Advisory note: Reducing amendment timeframes by pre-setting panel hearing dates, July 2007 (PDF - 41 KB)	Complete
6.3	Review the Strategic Assessment Guidelines so that the level of strategic justification needed is proportional to the significance of the proposal. Update: Revised Strategic Assessment Guidelines April 2008 (PDF - 298 KB)	Complete
6.4	Develop new simplified amendment documentation suitable for inclusion in electronic amendment systems.	In progress

7	Remove unnecessary matters
7.1	Institute a procedure to fast track the removal or correction of redundant provisions in planning schemes. Update: Advisory Note: A protocol for fast tracking amendments (PDF - 51 KB)	Complete
7.2	Identify further matters that do not need planning approval. Update: More minor matters removed from planning system by Amendment VC49, approved 15th September 2008.	Complete
7.3	Revise the Strategic Assessment Guidelines to improve the tests for new or expanded controls or referrals provisions. Update: Revised Strategic Assessment Guidelines April 2008 (PDF - 298 KB)	Complete
7.4	Rewrite overlays so that only matters linked to the purpose of the control need planning approval.	Not started
7.5	Review the need for planning approval where there are duplicate processes, in consultation with relevant agencies.	Ongoing

8	Review targeted VPP provisions
8.1	Review the heritage, car parking and signage provisions in planning schemes and associated guideline documents. Update on Car parking provisions: An advisory committee review of car parking provisions completed.	Car parking: In progress
	Update on Heritage Overlay: Final report of advisory committee reviewing the Heritage Overlay has been released. Progressive implementation of recommendations is underway.	Heritage: Ongoing
	Update on Signage: An advisory committee review of advertising completed.	Signage: In progress
8.2	Review the definitions in planning schemes.	Not started

9	Make State policy more relevant to local decision-making
9.1	Publish a discussion paper on the structure of the SPPF and its relationship to local policy. Update: Expert group established, SPPF discussion paper being prepared.	In progress
9.2	Introduce a protocol about DPCD attending VCAT and PPV hearings.	Complete
9.3	Audit the SPPF every four years to improve its effectiveness including how policies are best made relevant and effective for local decision-making. Update: The results from the SPPF review will determine future actions on this initiative.	In progress

10	Make local planning policy stronger
10.1	Establish an expert team or teams to provide independent advice to councils about more effective expression of existing and new local planning policies to provide greater certainty and facilitate amendments to planning schemes arising from this process. Update: Terms of engagement and teams available upon request from Council.	Ongoing
10.2	Publish a Ministerial Statement about the role of local policy in decision-making. Update: Making local policy stronger report released October 2008, sets out an action plan of five recommendations and eleven complementary actions that will progressively make local policy stronger. Making local policy stronger - June 2007 (PDF - 778 KB) Five point priority action plan (PDF - 564 KB)	Ongoing
10.3	Ensure the preamble of the LPPF gives better instructions about the role and weight of local policy in planning decisions. Update: The results from the Making local policy stronger projects will determine future actions on this initiative.	In progress
10.4	Review the VPP Practice Note Writing Local Planning Policy to supplement the expert teams and promote greater consistency in the expression of local planning policy and to clarify issues relating to certainty in language and expression. Update: The results from the Making local policy stronger projects will determine future actions on this initiative.	In progress
10.5	Examine the legislative requirements associated with the three-year review of planning schemes. Update: The Planning and Environment Act amended to allow planning schemes to be reviewed every four years.	Complete
10.6	Encourage new strategic studies to include proposed planning scheme provisions at the time of consultation so that they can be easily progressed through to planning scheme amendments.	Ongoing

11	Develop skills
11.1	Establish a structured graduate training program within the planning industry.	In progress
11.2	Use the PLANET training and professional development program to provide training in areas of new need or gaps. Update: PLANET professional development programs, 2009	Ongoing
11.3	Create an online ‘planning portal’ through which information about the planning system can be easily accessed. Update: Improved planning web site operational July 2007.	Ongoing

12	Share resources
12.1	Implement the MAV Planning Bank program. Update: MAV Planning bank operational.	MAV / VLGA Complete
12.2	Share information about strategic work amongst regions and promote combined projects between councils.	Ongoing
12.3	Promote the ‘pooling’ of resources for particular projects and functions.	Ongoing

13	Improve enforcement capacity
13.1	Publish an enforcement manual to assist councils with limited enforcement resources to undertake their enforcement function. Update: Contact the, Planning Enforcement Officers Association for a copy of the Guide to Planning Enforcement in Victoria.	Complete
13.2	Develop ways to implement systematic compliance inspections for planning permits.	In progress

14	The Planning and Environment Act 1987
14.1	Examine the issues raised regarding the Planning and Environment Act 1987 and update the Act as necessary. Update: The submissions received in response to the discussion paper are now available online.	In progress

15	Update planning fees
15.1	Compile the data needed to support an examination of planning fees so that the system is fairer to all stakeholders. Update: Planning and Environment Fees Review is underway.	In progress