Victoria's Planning Scheme, Developer's Guide Understanding

Understanding Victoria’s Planning Scheme: A Developer’s Guide

Welcome to our developer’s guide to understanding Victoria’s Planning Scheme. As a developer, it is essential to have a comprehensive understanding of the planning scheme in order to navigate the complexities of land use, development, and compliance in Victoria. The planning scheme is a statutory document that regulates the use, development, protection, and conservation of land throughout the state. It sets out objectives, policies, and provisions to ensure that land is used and developed responsibly and in alignment with community expectations.

The Victoria Planning Provisions (VPP) are a vital component of the planning scheme. These provisions serve as a comprehensive set of planning regulations that guide the development process, permit applications, and compliance with building codes and guidelines. Understanding the VPP is crucial for successfully navigating the planning and development process in Victoria.

Key Takeaways:

  • The Victoria’s Planning Scheme is a statutory document that regulates land use and development in Victoria.
  • The scheme includes the Victoria Planning Provisions (VPP), which serve as a comprehensive set of planning regulations.
  • Developers must understand the zoning rules and overlays within the planning scheme.
  • Planning and building approvals are necessary to ensure compliance with safety standards and building codes.
  • Ongoing reforms aim to streamline and improve the planning system in Victoria.

What is a Planning Scheme?

A planning scheme is a statutory document that sets out the objectives, policies, and provisions for the use, development, protection, and conservation of land in a specific area. It serves as a comprehensive blueprint for managing and guiding land use and development activities, ensuring they align with the needs and aspirations of the community.

The planning scheme establishes a framework of rules and guidelines that govern various aspects of land use, including zoning, overlays, and development controls. It provides a roadmap for local councils, developers, and other stakeholders to follow when making planning decisions.

The Planning and Environment Act 1987 (PE Act) forms the legislative foundation for planning schemes in Victoria. It outlines the matters that a planning scheme may address, such as land use, development, protection, and conservation. This statutory framework empowers local councils to create planning schemes that reflect the unique characteristics and priorities of their respective areas.

The planning scheme’s main objectives are to promote sustainable development, protect the environment, improve urban design, and enhance the quality of life for residents. It achieves these goals by setting specific policies and provisions that guide landowners, developers, and decision-makers in achieving desirable outcomes while considering the long-term interests of the community.

Overall, a planning scheme serves as a vital tool for regulating land use and development, ensuring that decisions are made in accordance with the objectives, policies, and provisions outlined in the scheme.

Key Elements Description
Objectives High-level goals for land use and development in the area.
Policies Specific guidelines and principles to achieve the objectives.
Provisions Rules and regulations governing land use, development, and protection.

Victoria Planning Provisions (VPP)

In Victoria, the Victoria Planning Provisions (VPP) serve as a comprehensive set of planning provisions that are crucial in creating effective planning schemes for the state. While not a planning scheme itself, the VPP acts as a reference document that aids in the construction of planning schemes in Victoria.

The VPP includes mandatory provisions that must be incorporated into all planning schemes in the state. These provisions cover various aspects, including the purpose and vision, statewide and regional provisions, general provisions, and operational provisions. By establishing these mandatory provisions, the VPP ensures consistency and coherence across all planning schemes, facilitating efficient and streamlined planning processes.

In addition to the mandatory provisions, planning schemes may also incorporate provisions relevant to or supportive of the Municipal Planning Strategy (MPS) and local provisions of the Planning Policy Framework (PPF). These provisions further define the standard zones, overlays, and other additional local provisions necessary for effective land use planning and development.

“The Victoria Planning Provisions play a pivotal role in creating a strong foundation for planning schemes across Victoria. By establishing mandatory provisions and allowing for additional local provisions, the VPP ensures that all planning schemes align with statewide objectives while addressing the unique needs and characteristics of local areas.”

The VPP serves as a valuable resource for planning authorities, developers, and all stakeholders involved in the planning process. It provides clear guidelines and standards that govern land use and development, facilitating consistent decision-making and enabling sustainable growth and development in Victoria.

Understanding Zones in the Planning Scheme

The planning scheme divides land into different zones, each with a specific purpose and set of requirements. These zones regulate land use and control development activities. The zoning rules determine whether a planning permit is required for specific land uses and specify the matters that the council must consider before granting a permit.

The zones categorize land uses into three sections: land uses that do not require a planning permit, land uses that require a planning permit, and prohibited uses. Some uses in Section 2 may have specified conditions that, if not met, may require a permit or be prohibited.

Understanding the different zones is crucial for developers and landowners to navigate the planning scheme and ensure compliance with land use controls.

Types of Zones in the Planning Scheme

  • Residential zones: Allow for residential use and include zones for different types of housing, such as low-density, medium-density, and high-density residential.
  • Commercial zones: Promote commercial activities, including retail, offices, and other commercial uses.
  • Industrial zones: Facilitate industrial development and manufacturing activities.
  • Rural zones: Preserve the rural character and support agricultural activities.
  • Mixed-use zones: Allow for a combination of residential, commercial, and other compatible uses.
  • Special purpose zones: Cater for specific needs or activities, such as educational institutions, healthcare facilities, or recreational areas.

The specific requirements and permitted land uses within each zone can vary, and it is essential to refer to the planning scheme and consult with local councils to understand the zoning rules applicable to a particular area.

“Understanding the different zones in the planning scheme is crucial for developers to ensure compliance with land use controls and obtain the necessary planning permits for their projects.”

Developers should consider engaging planning professionals or consultants who can provide expert advice and assistance in navigating the planning scheme and understanding the specific requirements of different zones.

zones

Zone Purpose Permitted Uses Planning Permit Required
Residential Housing Single-family homes, apartments, townhouses, etc. Depends on specific land use and conditions.
Commercial Commercial activities Retail stores, offices, restaurants, etc. Depends on specific land use and conditions.
Industrial Industrial development Manufacturing facilities, warehouses, factories, etc. Depends on specific land use and conditions.
Rural Agricultural activities Farming, livestock, agricultural processing, etc. Depends on specific land use and conditions.
Mixed-use Combination of residential and commercial Residential units, shops, offices, etc. Depends on specific land use and conditions.
Special Purpose Specific needs or activities Schools, hospitals, parks, etc. Depends on specific land use and conditions.

Understanding Overlays in the Planning Scheme

Overlays are additional requirements that apply to specific areas or features of land, working in conjunction with zoning rules to regulate land use and development. These overlays encompass a range of special features, including heritage buildings, significant vegetation, flood-prone areas, and more. When an overlay applies to a piece of land, it indicates that the land has specific characteristics or risks associated with it.

One of the primary functions of overlays is to set out additional requirements for planning permits, subdivision, and buildings and works. These requirements complement and go beyond the requirements specified by the zone.

For instance, a Heritage Overlay may require a planning permit for the demolition of a heritage building. This ensures that the significance of the building is carefully considered and preserved, in line with heritage conservation objectives.

By imposing these additional requirements, overlays help protect and manage special features or areas that require extra attention and consideration during the planning and development process.

Overlays in the planning scheme bring attention to specific areas or features of land that require special consideration and attention.

Understanding ‘Use’ and ‘Development’ in the Planning Scheme

In Victoria’s planning scheme, it is important to understand the distinction between the use of land and the development of land. The use of land refers to the purpose for which it is intended, such as residential, commercial, or industrial. It determines how the land is utilized and what activities can take place on it. On the other hand, development includes activities that physically alter the land, such as constructing or demolishing buildings, sub-dividing or consolidating land, and making alterations or additions to existing structures.

The planning scheme plays a crucial role in regulating both the use and development of land. It specifies whether a planning permit is required for various activities and provides guidance on exemptions and restrictions. Let’s explore these concepts further:

Use of Land

The use of land is determined by its zoning, which classifies it into specific categories based on its intended purpose. Each zone has its own set of rules and regulations that govern the types of activities that can occur within it. Some common zoning categories include residential, commercial, industrial, agricultural, and mixed-use zones. For example, a piece of land designated as residential can be used for building houses or apartment complexes, while a commercial zone allows for the establishment of businesses and offices.

Development of Land

Development activities involve physically altering the land or existing structures. This includes constructing new buildings, renovating or expanding existing structures, subdividing land into smaller lots, or consolidating multiple lots into a larger parcel. The planning scheme sets out rules and guidelines regarding the development process, including requirements for planning permits. These permits are necessary for certain types of development and ensure that projects comply with relevant regulations, design standards, and community expectations. For example, a developer seeking to build a new commercial complex would need to obtain a planning permit before commencing construction.

Planning Permit Exemptions

In some cases, certain uses or development activities may be exempt from requiring a planning permit. Exemptions are typically granted for minor works or uses that have minimal impact and comply with specific criteria outlined in the planning scheme. For instance, small-scale renovations or repairs to existing structures may not require a planning permit if they meet certain size and design criteria. These exemptions are intended to streamline the approval process for low-risk activities while ensuring that larger, more significant projects undergo thorough assessment and scrutiny.

Our understanding of the ‘use’ and ‘development’ in the planning scheme enables developers to navigate the regulatory landscape effectively. By aligning our projects with the zoning provisions and complying with the necessary permits and exemptions, we can ensure that our developments contribute positively to the built environment and meet the needs of the community.

Entities Involved in the Planning Scheme

Various government and authority entities play a crucial role in the planning scheme. We have the Minister for Planning, responsible for setting the strategic direction for planning in Victoria and approving planning scheme amendments. The Department of Environment, Land, Water and Planning (DELWP) manages the planning system, providing advice on planning policy and overseeing its operation. Local government authorities, known as local councils, develop and implement planning schemes, assess planning permit applications, and enforce planning regulations. Lastly, the Victorian Planning Authority (VPA) is an independent statutory authority responsible for planning and delivering urban renewal projects across Victoria.

Entity Roles and Responsibilities
Minister for Planning – Sets the strategic direction for planning in Victoria
– Approves planning scheme amendments
Department of Environment, Land, Water and Planning (DELWP) – Manages the planning system
– Provides advice on planning policy
– Oversees the operation of the planning system
Local Government (Local Councils) – Develops and implements planning schemes
– Assesses planning permit applications
– Enforces planning regulations
Victorian Planning Authority (VPA) – Plans and delivers urban renewal projects across Victoria

Planning Schemes and Policies in the Planning System

Planning schemes and policies are integral to the planning system in Victoria. They provide a comprehensive framework for making planning decisions and establish clear objectives, policies, and provisions for land use and development. Through the guidance of planning schemes, different areas can be effectively utilized and developed, ensuring sustainable growth and development.

Zoning rules are a key component of planning schemes, categorizing land uses into distinct zones with specific requirements. These zones play a crucial role in land use controls, determining whether a planning permit is necessary for certain activities and outlining the considerations that must be taken into account by the local council.

In addition to zoning rules, planning schemes also include overlays, which are additional requirements that apply to specific areas or features of land. Overlays address specific issues such as heritage protection, significant vegetation, or flood-prone areas. They add an extra layer of control and ensure that land use and development activities meet additional requirements in addition to those outlined in the zone.

Planning policies further enhance the planning system by focusing on specific issues such as regional planning, residential development, industrial areas, heritage protection, and environmental considerations. These policies aim to strike a balance between the needs of the community and the protection of natural and cultural resources.

By combining planning schemes, zoning rules, overlays, and planning policies, the planning system in Victoria aims to create a comprehensive approach to land use and development. It ensures that land is utilized efficiently, development is regulated effectively, and the needs of the community are met, while also preserving valuable natural and cultural assets.

Component Description
Planning Schemes Provide a framework for planning decisions and set out objectives, policies, and provisions for land use and development.
Zoning Rules Divide land into different zones with specific requirements to regulate land use and control development activities.
Overlays Additional requirements that apply to specific areas or features of land and address issues such as heritage protection, significant vegetation, or flood-prone areas.
Planning Policies Address specific issues such as regional planning, residential development, industrial areas, heritage protection, and environmental considerations.

Planning and Building Approvals in Victoria

Before starting any building or renovation project in Victoria, it is necessary to obtain planning and building approvals. These approvals ensure that the project meets safety standards, complies with building codes and regulations, and aligns with the local planning scheme.

The planning approval process involves submitting a planning application, obtaining approval from the relevant authorities, and coordinating with other agencies involved in the process. It is essential to adhere to the safety standards and building codes set by the regulatory bodies to ensure the project’s integrity and the safety of its occupants.

When applying for planning and building approvals, it is crucial to consider the local planning scheme. The local planning scheme provides guidelines and regulations specific to the area in which the project is being developed. It ensures that the project aligns with the surrounding environment, land use, and community expectations.

Throughout the planning and building approval process, it is important to consult professional architects, engineers, and other experts who can provide guidance on compliance with safety standards, building codes, and local planning regulations. This collaboration ensures that the project meets the required standards, avoids potential conflicts, and facilitates a smooth approval process.

Planning and Building Approvals Process

Here is a simplified overview of the planning and building approvals process in Victoria:

  1. Prepare the necessary documentation, including architectural plans, engineering reports, and other relevant information.
  2. Submit a planning application to the local council or relevant authority.
  3. Wait for the council to assess the application and provide feedback or request additional information.
  4. Revise the plans, if necessary, based on the council’s feedback.
  5. Obtain planning approval once the council is satisfied with the proposed development.
  6. Submit a building permit application to the relevant building surveyor.
  7. Coordinate with the building surveyor and address any queries or requirements.
  8. Obtain the building permit once all necessary documentation and inspections are complete.
  9. Commence the construction or renovation project, ensuring ongoing compliance with the approved plans and regulations.
  10. Complete any required inspections and obtain the necessary certificates of occupancy or completion.

The planning and building approvals process can vary depending on the complexity of the project, the local council’s requirements, and other factors specific to the development. It is crucial to engage professional consultants and experts in the industry to navigate the process successfully.

Building Codes and Safety Standards

Building codes and safety standards play a vital role in the planning and building approvals process. These codes and standards ensure that buildings are constructed to appropriate standards of quality, safety, and durability. Compliance with these regulations guarantees the protection of occupants, neighboring properties, and the wider community.

The National Construction Code (NCC) sets out the minimum requirements for the design, construction, and performance of buildings. It covers various aspects, including structural integrity, fire safety, energy efficiency, accessibility, and health and amenity. Compliance with the NCC is essential to obtain building approval.

Additionally, different safety standards and regulations may apply to specific building types, such as residential, commercial, or industrial buildings. It is crucial to engage building professionals who are knowledgeable about these standards and can ensure compliance throughout the project.

By adhering to building codes and safety standards, developers can create high-quality, safe, and sustainable buildings that contribute positively to the built environment.

Planning and Building Approvals Key Considerations
Planning Approvals
  • Submission of a planning application
  • Compliance with safety standards and building codes
  • Alignment with the local planning scheme
  • Coordination with relevant authorities and agencies
Building Approvals
  • Submission of a building permit application
  • Engagement with building professionals and experts
  • Adherence to building codes and safety standards
  • Obtaining necessary inspections and certificates

Reforming the Planning System in Victoria

The planning system in Victoria has undergone a series of reforms aimed at enhancing its effectiveness and efficiency. These reforms have focused on simplifying the system, improving assessment processes, and achieving better outcomes.

Our aim is to shift from a controls-based approach to a more outcomes-based consideration of potential risks and impacts. This approach allows for greater flexibility and adaptability in achieving sustainable outcomes for land use and development.

The government, in collaboration with the Department of Environment, Land, Water and Planning (DELWP), has developed a comprehensive reform program to overhaul the planning system. This program addresses outstanding issues and promotes a simplified and effective approach to planning in Victoria.

We believe that a simpler planning system will lead to more efficient processes and better outcomes for all stakeholders involved. By reducing red tape and streamlining procedures, we can create a more responsive and transparent planning system that meets the needs of our communities.

“Simplicity is the ultimate sophistication.” – Leonardo da Vinci

By embracing a simplified planning system, we can ensure that planning processes are accessible to all, regardless of their level of expertise. This will enable more individuals and businesses to participate in the planning process and contribute to the development of sustainable communities.

Through ongoing reforms, we are committed to delivering a planning system that not only meets our present needs but also anticipates future challenges. By adopting a controls-based approach, we can proactively address potential risks and impacts, leading to more resilient and sustainable outcomes.

The reform of the planning system in Victoria is an ongoing process. We are continually evaluating and refining our approaches to ensure that we achieve our goals of simplicity, a controls-based approach, and sustainable outcomes. By working together, we can shape the future of planning in Victoria.

Benefits of Planning System Reform Challenges of Planning System Reform
1. Simplified processes and reduced red tape 1. Resistance to change
2. Increased accessibility and community participation 2. Balancing competing interests
3. Improved transparency and accountability 3. Addressing diverse community needs
4. Enhanced resilience and adaptability to future challenges 4. Aligning with existing legislative frameworks

Through careful planning and thoughtful implementation, we can create a planning system that is efficient, effective, and sustainable. Join us in shaping the future of Victoria’s development and ensuring that our communities thrive.

planning system reform

Conclusion

The management and implementation of Victoria’s planning system are crucial in achieving sustainable outcomes. At the forefront of this endeavor are the Department of Environment, Land, Water and Planning (DELWP) and local councils. Together, we work towards ensuring that the planning scheme is effectively implemented, and decisions align with the objectives and policies defined in the system.

While substantial progress has been made, there are areas for improvement. Simplifying planning schemes, enhancing transparency in decision-making processes, and establishing effective measures to evaluate the system’s performance are key priorities. These efforts pave the way for a more streamlined and effective planning system in Victoria.

Continual reform is paramount. By addressing the identified issues and challenges, we aspire to create a planning system that is more accessible, efficient, and capable of delivering sustainable outcomes for the Victorian community. Together, we can manage Victoria’s planning system and shape our built environment in a way that supports a prosperous and resilient future.

FAQ

What is Victoria’s Planning Scheme?

Victoria’s Planning Scheme is a statutory document that regulates the use, development, protection, and conservation of land in Victoria. It sets out objectives, policies, and provisions to ensure that land is used and developed in a way that aligns with the needs and expectations of the community.

What is a Planning Scheme?

A planning scheme is a statutory document that sets out objectives, policies, and provisions for the use, development, protection, and conservation of land in a specific area. It regulates land use and development through planning provisions to achieve the objectives and policies defined in the scheme.

What are the Victoria Planning Provisions (VPP)?

The Victoria Planning Provisions (VPP) is a comprehensive set of planning provisions for Victoria. It is not a planning scheme itself but is used as a reference document to construct a planning scheme. The VPP includes mandatory provisions that must be included in all planning schemes in Victoria, such as purpose and vision, statewide and regional provisions, general provisions, and operational provisions.

What are zones in the planning scheme?

Zones in the planning scheme divide land into different categories, each with a specific purpose and set of requirements. These zones regulate land use and control development activities. The zoning rules determine whether a planning permit is required for specific land uses and specify the matters that the council must consider before granting a permit.

What are overlays in the planning scheme?

Overlays are additional requirements that apply to specific areas or features of land in addition to the zoning rules. These overlays may include heritage buildings, significant vegetation, flood-prone areas, or other special features. If an overlay applies, it indicates that the land has specific characteristics or risks associated with it.

What is the difference between the use of land and the development of land in the planning scheme?

Use of land refers to the purpose for which land is used, such as residential or commercial, and may not involve building anything. Development includes the construction, alteration, or demolition of a building or works, subdivision, or consolidation of land. The planning scheme specifies whether a planning permit is required for both use and development activities.

What entities are involved in the planning scheme?

Various government and authority entities play a crucial role in the planning scheme. The Minister for Planning is responsible for setting the strategic direction for planning in Victoria and approving planning scheme amendments. The Department of Environment, Land, Water and Planning (DELWP) manages the planning system, while local councils develop and implement planning schemes and assess planning permit applications. The Victorian Planning Authority (VPA) is an independent statutory authority responsible for planning and delivering urban renewal projects across Victoria.

What are planning schemes and policies in the planning system?

Planning schemes and policies provide a framework for planning decisions and set out objectives, policies, and provisions for land use and development. They guide how different areas can be used and developed through zoning rules and the application of overlays. Planning policies address specific issues such as regional planning, residential development, industrial areas, heritage protection, and environmental considerations.

How do I obtain planning and building approvals in Victoria?

Before starting any building or renovation project in Victoria, it is necessary to obtain planning and building approvals. These approvals ensure that the project meets safety standards, complies with building codes and regulations, and aligns with the local planning scheme. The planning approval process involves submitting a planning application, obtaining approval from the relevant authorities, and coordinating with other agencies involved in the process.

How has the planning system in Victoria been reformed?

The planning system in Victoria has undergone various reforms over the years to improve its effectiveness and efficiency. The focus of these reforms has been on simplifying the system, improving assessment processes, and achieving better outcomes. The aim is to shift from a controls-based approach to a more outcomes-based consideration of potential risks and impacts.

Who manages and implements Victoria’s planning system?

The Department of Environment, Land, Water and Planning (DELWP) and local councils play essential roles in ensuring that the planning scheme is effectively implemented and decisions align with the objectives and policies defined in the system. Ongoing reform efforts aim to address issues, such as simplifying planning schemes, enhancing transparency in decision-making, and measuring the system’s performance.

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