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Flashcards in week 3- planning & heritage Deck (21)
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1

explain planning and the environment

o Many international governments have been committed to the concept of ‘sustainable development’ i.e. ‘meeting the needs of the present without compromising the ability of future generations to meet their own needs’

o Over time there has been increased linkages between town planning and environmental law and regulations and these close ties have continued in many aspects of land use planning and property development. (Nb: with slums comes disease.)
o The details of the planning legislation and its interpretation vary between regions,
even adjoining towns, and are heavily influenced by the political party in governance.
o The advent of social media has repeatedly demonstrated the groundswell which can occur when a property development may affect environmentally sensitive land.
For example: The Adani mine (QLD.) – Mining is considered to be ‘development’.
o The developer must be fully aware of the needs of the community and corporate social responsibility (CSR) is often undertaken by the developer as well. (Community consultation)
o NB: when we say ‘environment’, we’re often referring to the ‘built environment’ (not the eco system.) In this page we’re talking about the natural world (ecology)

2

explain an environmental impact assesement

o In many regions legislation has introduced the compulsory requirement for an environmental impact assessment (EIA) where a developer is required to produce an environmental statement as a part of the planning application
o This statement examines the impact of a development proposal on the environment and there is a comprehensive list of factors which can be assessed including: impact on the landscape, visual impact, ecology, geology, archaeology, air and water pollution, contamination of land, noise pollution, wildlife conservation and agriculture.
o The relevant government body may make a direction (decision) that an environmental impact assessment is required.
o The developer can save time and a great deal of energy by consulting the relevant planning officer of the district council or appropriate authority at the outset.
o With environmental issues now very high on the political agenda,
it is becoming increasingly important for developers to
consult with the relevant pressure groups at an early stage.
o Consider some of the coastal areas and the issues of erosion

An Environment Effects Statement (EES) usually contains:
o A description of the proposed development
o An outline of public and stakeholder consultation undertaken during investigations and the issues raised
o A description of the existing environment that may be affected
o Predictions of significant environmental effects of the proposal and relevant alternatives
o Proposed measures to avoid, minimise or manage adverse environmental effects
o A proposed program for monitoring and managing environmental effects during project implementation

3

what are the victorian planning provisions

The Victoria Planning Provisions is a document containing a comprehensive set of planning provisions for Victoria. It is not a planning scheme and does not apply to any land. It is a state-wide reference, used as required, to construct planning schemes. The planning authority (usually the local council) must provide the local planning policy content, including a Municipal Strategic Statement (MSS), and select the appropriate zones and overlays from the VPP, for inclusion in their planning scheme.

4

what are local planning provisions

Planning scheme content specific to the local area (local provisions) is contained in the Municipal Strategic Statement, local policies and schedules and is displayed in Planning Schemes Online

5

what is a planing scheme - past exam question

Planning schemes: Planning schemes are legal documents prepared by the local council or the Minister for Planning, and approved by the Minister

Planning schemes consist of: -> maps, words and extra docs.
Planning schemes consist of
* maps, which show how the land is zoned and overlays affecting the land;
* an ordinance, which sets out the written requirements of a scheme, including local policies and the types of use or development which needs a permit;
* and incorporated documents
- such as the Code of Practice for Private Tennis Court Development.
Zones reflect the primary character of land, such as residential, industrial or rural, and indicate the type of use which may be appropriate in that zone.
Overlays are:?

6

What is a municipal Strategic Statement?

• Made up of two components; the State Planning Policy framework (SPPF) and the Local Planning Policy Framework (LPPF) – note the combination of state and local.
• The LPPF sets a local and regional strategic policy context for a municipality.
It comprises an MSS and specific local planning policies.
• The MSS must further the objectives of planning in Victoria
• The MSS provides the broad local policy basis for making decisions under a planning scheme.
• The role of an MSS is different from the role of a Local Planning Policy (LPP)
An LPP guides how discretion in a zone, overlay or a particular provision will be exercised

7

12 principles of Good Public Environments:

Organise places so their parts relate well to each other (STRUCTURE). = Liveability, efficient cities
Provide ease, safety and choice of access for all people (ACCESSIBILITY).
Help people to understand how places work and to find their way around (LEGIBILITY). = good for tourism
Stimulate activity and a sense of vitality in public places (ANIMATION). = wellbeing and happiness
Support the intended uses of spaces while also allowing for their adaptability (FIT & FUNCTION).= encourage business/jobs
Integrate complementary activities to promote synergies between them (COMPLEMENTARY MIXED USES). = lifestyle
Recognise and enhance the qualities that give places a valued identity (SENSE OF PLACE). = ‘home’
Balance order and diversity in the interests of appreciating both (CONSISTENCY & VARIETY).
Maintain a sense of place and time by embracing change yet respecting heritage values (CONTINUITY & CHANGE).
Design spaces that minimise risks of personal harm and support safe (SAFETY).
Create places where all people are free to encounter each other as equals (INCLUSIVENESS & INTERACTION).
Create spaces that engage the senses and delight the mind (SENSORY PLEASURE). = the street is our living room

8

what is the planning application process

Making an application:
 Examples of the main types of property development applications are as follows:
1. Outline planning permission application. An outline application is generally used early on in the development stage to establish whether or not the proposed development is likely to be approved.
2. Full or detailed application. A detailed application will seek not only to establish a land use principle but approval for all the ‘reserved matters’.
3. Changes of use. Legally an application for the change of use of land or, more commonly, buildings is regarded as a full application rather than an outline.
4. Applications for heritage listed building consent or conservation area consent to demolish. All proposals to demolish buildings in conservation areas requires specific permission and thus proposals for development in a conservation area must also, if demolition is envisaged, be accompanied by a separate application for conservation area consent to demolish

9

planning application approval explain

o In certain regions some types of planning applications, although often relatively minor in nature, might be decided by the planning officers of a planning authority using powers delegated to them by the planning committee.
o Normally a planning committee will seek and listen to the advice of their professional officers and will also take note of any representations made by members of the public.
o Public interest in planning is often strong when the existing status quo might be disturbed. This statement is particularly true for a high profile site which may not be protected by historical legislation but has broader perceived value to the local residents.
o The planning committee is a committee of elected councillors who, as part of the democratic political machinery, recognise the impact that the decisions they may make has on their political standing.

10

what are the 3 methods of appeal

1. Written representations is an exchange of written statements.
2. Informal inquiry usually takes the form of a meeting between the appellants and the local planning authority.
3. Formal public inquiry is a quasi-judicial inquiry where the appellant is represented by a barrister, solicitor or qualified person who presents the


appeals:
o In the event of the local authority refusing planning permission for a proposed development, or the authority either taking a longer period to determine the planning application or granting permission subject to a condition which aggrieves the applicant, there is usually a right of appeal.
o To be valid, an appeal against a refusal of planning permission must be lodged within a designated time period from the date of refusal.

11

explain heritage overlay provisions

derived from state and local planning policy provisions:
o Considers things such as cultural & historic structures, gardens, precincts, Aboriginal values.
o Each case decided on merit.
o These are the overlays you are accessing when you are looking at the local planning scheme through the landVic site.

o Heritage Overlay - specific planning controls to deal with individual sites and areas.
o Heritage Place - any place that the the City of Melbourne considers appropriate to have statutory heritage protection under the Melbourne Planning Scheme.

o Heritage Precinct - areas which have been identified as having heritage significance and cover all buildings within the boundaries of the precinct.

12

What is planning + why do we do it?

• The role of planning in property and real-estate markets is designed to co-ordinate the efficient use of resources (HBU), being… the limited supply of land either vacant or improved.

• Another critical objective is to restrict conflicting land uses from being located directly next to each other, such as building a new oil refinery next to an existing residential area (large scale) or putting an outlaw biker club-house next door to a child-care centre (smaller scale.)

• The process of planning involves many stakeholders (9?) who are both directly and indirectly associated with the proposed development.

• A developer should understand all aspects of planning law which have the potential to affect land use and development potential of a particular site.
• The planning process and the associated legislation will ultimately determine the type of development allowed on any site (as well as it’s allowed use) and thus influence the value of the completed development

13

What sorts of things does a planning scheme contain?

The Victoria Planning Provisions is a document containing a comprehensive set of planning provisions for Victoria.

It is not a planning scheme and does not apply to any land
It is a state-wide reference, used as required, to construct planning schemes.

The planning authority (usually the local council) must provide the local planning policy content, including a Municipal Strategic Statement (MSS), and select the appropriate zones and overlays from the VPP, for inclusion in their planning scheme.

"A planning scheme is a statutory document which sets out objectives, policies and provisions for the use, development and protection of land in the area to which it applies. A planning scheme regulates the use and development of land through planning provisions to achieve those objectives and policies

14

define zones

reflect the primary character of land, such as residential, industrial or rural, and indicate the type of use which may be appropriate in that zone

15

what is a municipal strategic statement

• Made up of two components;
1. the State Planning Policy framework (SPPF) and
2. the Local Planning Policy Framework (LPPF) – note the combination of state and local.
• The LPPF sets a local and regional strategic policy context for a city.
It comprises an MSS and specific local planning policies.
• The MSS must further the objectives of planning in Victoria
• The MSS provides the broad local policy basis for making decisions under a planning scheme.
• The role of an MSS is different from the role of a Local Planning Policy (LPP)
An LPP guides how discretion in a zone, overlay or a particular provision will be exercised

16

Under what circumstances might it be prudent for a developer to make an application for outline planning permission?

when a quick (rough) answer is needed re a proposed development.

17

What other local authority departments consider the impact of the planning application, and why is this?

an example would be the Roads-Department. Eg: more traffic flow re a large shop.

18

why do we need heritage

derived from state and local planning policy provisions:
o Considers things such as cultural & historic structures, gardens, precincts, Aboriginal values.
o Each case decided on merit.
o These are the overlays you are accessing when you are looking at the local planning scheme through the landVic site.

19

define heritage overlay

specific planning controls to deal with individual sites and areas.

20

define heritage place

any place that the the City of Melbourne considers appropriate to have statutory heritage protection under the Melbourne Planning Scheme.

21

define heritage precinct

- areas which have been identified as having heritage significance and cover all buildings within the boundaries of the precinct.