Flawed Cases File

Flawed planning application assessment & enforcement cases

In this section is a series of case summaries highlighting various flaws in the planning assessment process. We need your help in documenting as many cases as possible to help with our efforts for planning reform.

The conclusions of the report by the Victorian Auditor-General’s Office in May 2008 support the experience of SOS and countless residents that council decision-making in most development application (DA) assessments is flawed:

The report found that in 78 per cent of cases examined, the assessment of planning permit applications by councils did not give sufficient consideration to the requirements of the Act, the relevant planning scheme or both. While the area of officer assessment was of most concern, deficiencies in most other stages of the permit process were also evident. The extent and significance of concerns relating to the processing of planning permit applications by councils indicates that a multi-pronged, system-wide approach is needed to raise the standard of statutory planning in councils.

Here is a list of common problems with the Development Application assessment process in Victoria: Common Problems to be Aware of

18 Flawed Development Application Assessment and Enforcement cases – City of Yarra (early 2000’s):   13 page summary

NB:   These examples of flawed statutory planning process were referred to the 2004 Yarra Council Planning Audit, but only 5 were considered and the process issues they raised were ignored

Finally, a detailed example of how a council can subvert community attempts (and the efforts of some councilors) to exercise some oversight over the planning permit process via a council Advisory Committee:    the research paper into the Yarra Planning Community Advisory Committee,  including references.