Wellington Shire Council's vision is for happy people, healthy environment and thriving communities.
After Hours Emergency
1300 366 244Council may decide to abandon an amendment (or part of it). This would occur in response to a recommendation/s from an independent planning panel, consideration of submissions received during exhibition of an amendment, or if the Minister for Planning refuses to approve the amendment.
People who own neighbouring land that share a common boundary.
Council must resolve to adopt a planning scheme amendment before it can be submitted to the Minister for Planning for approval. This takes place after the amendment has been exhibited and all submissions (outstanding objections) have been considered at an independent panel hearing.
This is the final step of the Planning Scheme Amendment process, whereby the Planning Minister approves the proposed amendment. The amendment comes into effect when notice of approval is published in the Government Gazette.
A Council must obtain the Minister for Planning's permission to prepare a Planning Scheme Amendment. This is known as Authorisation. The Minister may also empower another minister or government authority to prepare an amendment.
Buildings and works are two separate terms often used in conjunction with one another. Building refers to the assembly of any type of structure, including dwellings, fences, outbuildings and walls, whilst works refer to any change to natural or existing condition or topography of land, including the removal, destruction or lopping of trees, vegetation or soils.
Development includes the construction, alteration, demolition, relocation and removal of buildings and works. It also includes the subdivision or consolidation of land.
In areas where the Development Plan Overlay (DPO) applies to the land, development must occur in the manner outlined in the development plan for that area. A development plan will sometimes need to be developed and submitted if one does not already exist in the area intended to be developed. A development plan generally shows lot layout, infrastructure provision, community facilities and open space. They are used to ensure development of land is occurring in an orderly manner having regard to essential services, community facilities, roads and to minimise potential present and future conflicts with other developments.
In the Planning Scheme Amendment Process, the Minister for Planning my exempt a planning authority from the normal notice requirements as set out in the Planning & Environment Act 1987. This typically occurs when a planning scheme amendment is being undertaken to correct obvious errors or anomalies in the Planning Scheme or where the Minister determines that the interests of Victoria or any part of Victoria make such an exemption appropriate.
During the Planning Scheme Amendment process, it is necessary to exhibit the proposed amendment to allow people and authorities who may be affected by the proposal to make a submission if they have reasons to either support or oppose the amendment. During this time submissions may be made to the planning authority (usually the Council) about the proposal.
Planning Scheme Amendments all have prescribed fees which are required to be paid to Council. This is to cover the cost of processing the application. Fees change according to the nature and scale of the proposed amendment.
The Victoria Government Gazette provides official notification of decisions or actions taken by, or information from, the Governor of Victoria, Government Authorities, Government Departments, Local Councils, companies and individuals. Planning Scheme Amendments are published in the Gazette during Exhibition of the Amendment, and subsequent approval by the Minister.
General Amendments take place when there is a need to correct or update obvious errors and zoning/overlay anomalies that have been identified in the Planning Scheme.
The Minister for Planning, is currently Hon. Sonya Kilkenny, who has the responsibility for a range of functions in the planning system and, in certain circumstances, has the power to intervene on matters associated with planning and heritage processes. This may involve:
In many cases, it is a necessity for Council to provide notice of an amendment to stakeholders or people that may be impacted by the proposal. This can be done through a variety of mechanisms, including public notice on the subject site, notices in local newspapers or a direct letter.
The purpose of this Act is to establish a framework for planning the use, development and protection of land in Victoria. The Act sets out procedures for preparing and amending the Victoria Planning Provisions (VPPs) and planning schemes, obtaining permits under schemes, settling disputes, enforcing compliance with planning schemes, and other administrative procedures.
The Planning Authority refers to the government body responsible for the administration and enforcement of a planning scheme. This is generally the municipal council; however it can also be the Minister for Planning.
A Planning Panel may be organised in the event that an exhibited amendment has received submissions and the submitters concerns cannot be resolved. The Panel will be appointed by the Minister to consider the submissions and to hear from any party wishing to speak about the proposed amendment. The Panel will then produce a report on their findings and advise the planning authority on the most appropriate course of action.
Planning schemes set out policies and provisions for the use, development and protection of land. Each local government area in Victoria, and some special planning areas, is covered by a planning scheme.
Planning schemes are legal documents prepared by the local council or the Minister for Planning, and approved by the Minister.
Sometimes a planning scheme may need to be changed to reflect new circumstances or achieve new objectives. Changes to the scheme are known as amendments and the process for an amendment is set out in the Planning and Environment Act 1987 (the Act). An amendment may involve a change to a planning scheme map (such as a rezoning), a change to the written part of the scheme, or both.
When a member of the public wishes to make a change to the planning scheme, generally to rezone land or apply/remove an overlay, a request must be made to Council. A request to rezone land must include suitable strategic justification to support the amendment.
The proponent refers to the individual land owner or consultant responsible for requesting and carrying out the work involved with a Planning Scheme Amendment. The proponent is responsible for provision of all required documentation and payment of fees at various stages of the amendment process.
Regulation can be used in a variety of contexts. In planning, regulations are statutory rules that set out requirements for operation of the Planning & Environment Act 1987 and the Subdivision Act 1988. Examples of the rules set out in the regulations are time frames, such as the time a responsible authority must make a decision on a permit application; Regulations also set out information which the responsible authority must include on permits, notices and other forms.
The Responsible Authority refers to the authority responsible for administering and enforcing the planning scheme, particular parts of that scheme, or a specific development or class of application. E.g. Council is the responsible authority for the planning scheme in force in its district.
Rezoning refers to changing the zoning of land through a planning scheme amendment. A landowner may seek to rezone their land in order to undertake use or development that would otherwise be prohibited. Rezoning requests require adequate strategic justification demonstrating why the amendment should be prepared.
Section 96A of the Planning and Environment Act 1987 allows a concurrent Planning Scheme Amendment and Planning Permit Application. This allows applicants to rezone land and receive a planning permit within the same process.
A Section 173 Agreement allows a municipal council and a land title holder to enter a legal agreement placing certain restrictions onto a piece of land, regardless of the future ownership of the title. This can be in relation to the protection of certain environmental characteristics or to restrict the development of the land.
Strategic Planning is the area of local government that manages the desired long term land use and the overall growth of the shire to ensure it takes place in a coordinated and sustainable manner. This takes place through the development of structure plans, maintaining and amending the planning scheme if necessary and managing large-scale land development projects.
Submissions are written documents either objecting to or supporting an exhibited Planning Scheme Amendment or other document made available to the public for consultation purposes. Submissions are considered by Council in their decision making process.
The purpose of Town Planning is to provide for the fair, orderly, economic and sustainable use of land. Local councils and the State Government develop planning schemes to control land use and development and to ensure the protection and conservation of land in Victoria in the long term interests of all Victorians.
Town Planning Consultants are generally engaged by private landowners or developers to provide expert advice relating to planning matters and to prepare Planning Scheme Amendment documentation.
All land in Victoria has a zone. Zones specify particular purposes for land, such as business, industrial or residential. They specify the uses that are ‘as of right’, uses which require permits as well as setting out uses that are strictly prohibited in the zone. The also specify controls relating to buildings and subdivision and any conditional requirements for a particular use.