The Planning and Environment Act 1987 is an Act passed by the Parliament of Victoria in 1987 to provide a framework for urban planning and the use and development of land in the State of Victoria.
Purpose
The Act's stated purpose is "to establish a framework for planning the use, development and protection of land in Victoria in the present and long-term interests of all Victorians."
Background
Suggestions for legislation surrounding urban planning in Victoria materialised in the 1920s. However, it was not until years later that the initial Town and Country Planning Act 1944 was enacted that provided a regulatory framework for land use and development in the state. Later, in 1961, the Act was amended by the Bolte Government to broaden the scope of planning controls and workability of its systems. The Town and Country Act was then amended for a final time in 1984 on similar administrative principles.
When the Act went through the second reading in the Legislative Council, then Minister for Planning and Environment Jim Kennan addressed the rationale behind the introduction of new legislation regarding planning and replacing the considered obsolete Town and Country Act.
Concerns raised from the opposition during debates of the bill's merits regarding the jurisdiction of the Act and the abilities for relevant decision-making bodies on the usage of land in their respective areas. Kennen responded by saying the Act would have a broad scope to consolidate practices.
The bill would subsequently pass both houses of the Parliament of Victoria with amendments and assented on 27 May 1987 by the Governor of Victoria The Reverend Davis McCaughey AC.
Scope of the Act
The Act sets out the legal framework for planning instruments and regulating land use and development in Victoria. The main instruments that allow for urban planning to be enabled in Victoria are:
The Act itself and relevant statutes
Ministerial Directions
Planning Provisions and Planning Schemes
Authorities and Enforcement
Appeals and Dispute Resolution
The instruments of the Act allow tangible planning policies, such as the Planning Provisions and Planning Schemes to be created, amended and ultimately administered. Under Section S8, the Act also outlines the jurisdiction of the Minister for Planning and their ability to direct these provisions and schemes and the role of relevant authorities such as local government area councils (LGAs) or municipalities. These positions are respectively known as "Planning Authorities" and "Responsible Authorities" with each role varying between setting out relevant policies and directions as well as enforcing the legislation through processes such as to permit applications and panels.
In 1996, the Act saw the addition of the Planning and Environment (Planning Schemes) Act 1996, which set out a standardised and universal template for Planning Schemes called the Victorian Planning Provisions. The Provisions stipulates required documentation and inclusions regarding planning controls from LGAs. Generally, they must include the purpose and vision of the scheme, planning policy frameworks, zone and overlay controls, and other relevant provisions.
Planning Schemes are a legally binding document that sets out planning controls for the use and development of land in the respective jurisdictions of LGAs. However, in some cases, the Minister is also responsible for certain applications and responsible for the application process and decision. For example, the City of Melbourne has its own planning schemes relevant to its own geographical area.
Both the Planning Provisions and Planning Schemes can be amended by both LGAs and the Minister for Planning. However, such desire to amend these documents have differing processes; The LGA must go through a formal process that the Minister must approve while the Minister can bypass these steps at their discretion under their responsibilities within S8.