NOTE: if you need more time, contact the Dept. of Planning and Community Development on 9637 2000. Ask for the section handling submissions for the Review of the Planning Act and request an extension. Or you could email them at PEActreview@dpcd.vic.gov.au. SOS is aware of many individuals and professionals who have already done so, and it is also possible that the deadline will be officially extended.
So now’s your chance to tell the government how you think the Planning & Environment Act should be improved! SOS believes that the single biggest problem with the Act (and planning schemes) is that there’s not enough prescription – councils and VCAT have too much scope for the exercise of discretion in interpreting and balancing different clauses, policies and standards.
It is a popular political myth that Kennett’s introduction of the new performance-based planning schemes in the 90s was designed to provide greater certainty and consistency in planning outcomes. In fact, because of the uncertainties over the exercise of discretion, it is manifestly obvious that it has done just the opposite: it has guaranteed inefficiency, uncertainty, inconsistent decisions and flawed outcomes – all of which we now have in large quantity!
As anyone knows who understands public bureaucracies, local government planners will always tend to avoid individual accountability and prioritize risk management. To quote Stuart Morris (the former head of VCAT), “there has been an explosion in the intensity of scrutiny required for discretionary decisions. It seems that some public officials are fearful of making decisions unless every possible report has been obtained.”
That’s the bureaucratic reality, and that’s why the planning permit system is clogged up! As part of the Government’s review of the Act, the Department of Planning and Community Development is now establishing a number of theme-based working groups to help develop recommendations to improve the Act. We suggest you tailor your comments to fit one or more of these topics:
1. Objectives of the Act
2. Permit process
3. Planning scheme amendment process
4. Access to information and privacy
5. Referral authorities functions and processes
6. Cash in lieu payments
7. Planning processes for state significant projects
8. Strategies for the delivery of planning certificate information
9. Enforcement processes
10. VCAT review process
The Working Groups will be small and task-oriented, drawing on membership from planning practitioners with relevant experience and interest. Noticeably absent are community experts – let’s hope the committees and DPCD take notice of all the community submissions…. Send your submission or comments to the Review at:
PEActreview@dpcd.vic.gov.au
For more information on how to make a submission to the review of the Planning & Environment Act, go to:
http://www.dse.vic.gov.au/DSE/nrenpl.nsf/LinkView/4E3731B43BBBCC9BCA25731500207CC8A6DDB740A0184DD4CA257316001F1CCC#modernising
Ian Wood, SOS President
