Victoria Planning Regulation: A Comprehensive Overview

If you’re planning to develop or use land in Victoria, it’s important to understand the regulations and requirements set out by the state’s planning scheme. The Planning and Environment Act 1987 provides the framework for planning the use, development, and protection of land in Victoria, while the Planning and Environment Regulations 2015 set out specific rules and requirements for subdivision, development, and other planning activities.

Under the planning scheme, each area of Victoria is zoned for different types of land use, such as residential, commercial, industrial, and rural. The scheme also includes overlays, which are additional requirements for specific areas or features, such as heritage buildings, flood-prone areas, or vegetation protection. Understanding the zoning and overlay requirements for your land is essential for developing or using it appropriately and avoiding potential legal issues.

Using VicPlan, a state-wide map viewer for location-based planning scheme information, can help you locate any property or parcel in Victoria and access direct links to the planning rules for a specific site. Whether you’re a developer, property owner, or simply interested in learning more about Victoria’s planning regulations, it’s important to stay informed and up-to-date with the latest requirements and changes to the planning scheme.

Victoria Planning Provisions

If you are planning to use, develop, or protect land in Victoria, you need to be familiar with the Victoria Planning Provisions (VPP). The VPP is the policy content of a planning scheme that provides a framework for planning the use, development, and protection of land in Victoria. In this section, we will discuss the key aspects of the VPP, including land use and development, planning permits and amendments, compliance, and enforcement.

Land Use and Development

The VPP sets out policies and provisions that control land use and development in Victoria. It aims to ensure that land is used and developed in a way that is consistent with the needs and expectations of the community. The VPP covers a wide range of land use and development matters, including residential, commercial, industrial, and rural land use.

Planning Permit and Amendments

A planning permit is a legal document that allows you to use or develop land in a way that is consistent with the VPP and the relevant planning scheme. If you want to use or develop land in Victoria, you may need to obtain a planning permit. The VPP sets out procedures for preparing and amending planning schemes, which include changes to the written part of the scheme or the planning scheme map.

Compliance and Enforcement

The VPP also includes provisions for compliance and enforcement. It sets out the responsibilities of planning and responsible authorities in ensuring that land is used and developed in accordance with the VPP and the relevant planning scheme. Planning and responsible authorities have the power to take enforcement action if land use and development activities do not comply with the VPP and the planning scheme.

In summary, the VPP is a critical document for anyone who wants to use, develop, or protect land in Victoria. It sets out policies and provisions that control land use and development, procedures for preparing and amending planning schemes, and provisions for compliance and enforcement. If you are planning to use or develop land in Victoria, you need to be familiar with the VPP and ensure that your activities comply with its provisions.

Government and Authority Involvement

When it comes to planning regulations in Victoria, various government and authority entities play a crucial role. Understanding their responsibilities and roles is essential for anyone navigating the Victorian planning system. This section will discuss the various entities and their roles.

Role of the Minister for Planning

The Minister for Planning plays a critical role in the Victorian planning system. The Minister is responsible for setting the strategic direction for planning in Victoria and ensuring that planning policies align with the government’s broader objectives. Additionally, the Minister is responsible for approving planning scheme amendments and providing guidance to local councils.

Department of Transport and Planning

The Department of Transport and Planning is responsible for providing planning services to the Victorian Government. The department is responsible for developing and implementing planning policies, providing advice to the Minister for Planning, and overseeing the planning system’s operation. The department also assists local councils in developing their planning schemes and provides guidance on planning scheme amendments.

Local Government and Council Responsibilities

Local councils play a crucial role in the Victorian planning system. They are responsible for developing and implementing planning schemes, assessing planning permit applications, and enforcing planning regulations. Local councils must also ensure that their planning schemes align with state planning policies and guidelines.

Victorian Planning Authority

The Victorian Planning Authority (VPA) is an independent statutory authority responsible for planning and delivering urban renewal projects across Victoria. The VPA works with local councils, the state government, and other stakeholders to develop and implement precinct structure plans and urban renewal projects. The VPA also provides advice on planning scheme amendments and assists local councils in developing their planning schemes.

In summary, the Victorian planning system involves various government and authority entities, each with its responsibilities and roles. Understanding these entities’ roles is crucial for anyone navigating the planning system, whether you are a developer, landowner, or member of the public.

Planning Schemes and Policies

When it comes to planning regulations in Victoria, planning schemes and policies play a crucial role in guiding the use, development, protection, and conservation of land. These statutory documents provide a framework for planning decisions and set out objectives, policies, and provisions for different types of land use.

Regional and Residential Planning

Planning schemes and policies for regional and residential areas are designed to balance the needs of the community with the protection of natural resources and the environment. They provide guidelines for land use, zoning, and development, and aim to promote sustainable growth and development. In regional areas, planning policies may focus on issues such as agricultural land use, natural resource management, and rural development. In residential areas, policies may address issues such as housing density, urban design, and community facilities.

Industrial and Heritage Planning

Planning schemes and policies for industrial and heritage areas are designed to protect important cultural and historical assets while also promoting economic growth and development. They provide guidelines for land use, zoning, and development, and aim to balance the needs of industry with the protection of heritage values. In industrial areas, planning policies may focus on issues such as pollution control, transport access, and employment opportunities. In heritage areas, policies may address issues such as conservation, restoration, and adaptive reuse of heritage buildings and sites.

Overlay and Design Regulations

Overlay and design regulations are a key part of planning schemes and policies in Victoria. They provide additional guidelines and regulations for specific areas or land uses, such as flood-prone areas, bushfire-prone areas, or areas of high landscape value. Overlay regulations may also address issues such as environmental protection, open space requirements, and heritage protection. Design regulations, on the other hand, provide guidelines for the design and appearance of buildings and structures, and aim to promote high-quality urban design and architecture.

Overall, planning schemes and policies are an essential part of Victoria’s planning system, providing a framework for planning decisions and helping to balance the needs of different stakeholders. By ensuring that land use and development is guided by clear objectives and policies, these documents help to promote sustainable growth and development while protecting important natural and cultural resources.

Planning and Building Approvals

If you are planning to build or renovate your property in Victoria, you may need to obtain planning and building approvals before starting any work. These approvals are necessary to ensure that your project meets safety standards, complies with building codes and regulations, and is consistent with the local planning scheme.

Approval Process and Coordination

The planning approval process in Victoria is governed by the Planning Act. The process involves a number of steps, including submitting a planning application, obtaining approval from the relevant authorities, and coordinating with other agencies involved in the process. The Commissioner for Better Regulation Victoria has conducted a review of the planning and building approvals process in Victoria, with the aim of streamlining processes and reducing delays.

Building Height and Permit Exemption

Building height is an important consideration when applying for planning and building approvals. In Victoria, there are specific regulations that govern building heights, which vary depending on the location and type of building. Some buildings may be exempt from requiring a permit, such as a carport or a shed that is under a certain size. However, it is important to check with the local council to ensure that your project meets the relevant requirements.

Certificates of Compliance

Certificates of Compliance are documents that certify that your building work complies with the relevant building codes and regulations. These certificates are required by law and must be obtained before you can occupy your building or sell your property. There are different types of certificates of compliance, including building permits, occupancy permits, and certificates of final inspection. It is important to ensure that you obtain the correct certificate for your project and that it is issued by a registered building surveyor.

Overall, obtaining planning and building approvals can be a complex process, but it is necessary to ensure that your project meets safety standards and complies with local regulations. By understanding the approval process and working closely with the relevant authorities, you can ensure that your project is completed successfully and to a high standard.

Planning Regulations and Recommendations

If you are planning to develop or use land in Victoria, it is important to be familiar with the state’s planning regulations and recommendations. These regulations are designed to establish a framework for planning the use, development, and protection of land in Victoria. The Planning and Environment Act 1987 sets out procedures for preparing and amending the Victoria Planning Provisions and planning schemes.

Administration and Review Requirements

The Planning and Environment Regulations 2015 provide detailed information on the administration and review requirements for planning applications in Victoria. The regulations cover various aspects of the planning process, including applications for review under section 80, section 81, section 82, and section 82AAA. They also provide information on the time for giving notice under section 92 and the request to cancel or amend a permit under section 89.

Simplification and Streamlining

In recent years, there has been a push to simplify and streamline the planning process in Victoria. This has resulted in a number of recommendations aimed at making the planning system more efficient and effective. The Victorian Government has considered the Commissioner’s final report on building and planning approvals processes and is acting on all 27 of its recommendations.

Consistent Decision-Making

Consistent decision-making is a key aspect of the planning process in Victoria. Planning and Environment Regulations 2015 provide guidance on how decisions should be made and what factors should be taken into account. The regulations require decision-makers to consider the objectives of the planning scheme, any relevant policies, and any other relevant considerations.

Overall, it is important to be familiar with the planning regulations and recommendations in Victoria if you are planning to develop or use land in the state. By understanding the administration and review requirements, simplification and streamlining efforts, and consistent decision-making principles, you can navigate the planning process more effectively and achieve your goals.

Community and Environment

When it comes to planning regulations in Victoria, community and environment are two of the most important considerations. Here are some sub-sections that cover the key aspects of these considerations.

Water and Transport Considerations

Water and transport infrastructure are crucial components of any community. In Victoria, planning regulations take into account the impact of development on water and transport systems. For example, developments that increase demand for water or put pressure on transport infrastructure may require additional permits or approvals.

Heritage and Community Values

Victoria has a rich cultural heritage, and preserving this heritage is an important consideration in planning regulations. Developers must take into account the impact of their projects on heritage sites and buildings. They must also consider the impact on community values and traditions.

Ports and Industrial Impact

Victoria’s ports and industrial areas are important drivers of the state’s economy. However, they can also have a significant impact on the environment and surrounding communities. Planning regulations aim to balance the economic benefits of these areas with the need to protect the environment and community health.

Overall, Victoria’s planning regulations take a balanced approach to community and environmental considerations. By taking into account the impact of development on water and transport systems, heritage and community values, and ports and industrial areas, these regulations help to ensure that the state’s communities remain vibrant, healthy, and sustainable.

Past, Present and Future of Victoria Planning

Historical Context

Victoria’s planning system has a rich history that dates back to the 19th century. The first planning legislation was introduced in 1871, and since then, the system has undergone several changes. In 1958, the Town and Country Planning Act was enacted, which established the basis for the current planning system. In 1987, the Planning and Environment Act was introduced, which led to the establishment of the Victorian Planning Provisions (VPPs) and planning schemes.

Current State of Planning

Today, Victoria’s planning system is governed by the Planning and Environment Act 1987 and the VPPs. The Act sets out the framework for planning the use, development, and protection of land in Victoria, while the VPPs provide the policies and provisions that control land use and development. The system is overseen by the Department of Environment, Land, Water and Planning (DELWP) and the Victorian Planning Authority (VPA).

The present planning system in Victoria is focused on creating sustainable and liveable communities. It aims to balance the needs of economic development with the preservation of the environment and the protection of cultural heritage. The system is also aimed at promoting social inclusion and ensuring that all Victorians have access to affordable housing and essential services.

Future Directions

The final report of the Victorian Government’s Independent Review of the Planning System was released in 2016. The report made several recommendations for improving the planning system, including the need for more community engagement and the simplification of planning processes.

In response to the review, the Victorian Government has developed a program of planning reforms aimed at making the system clearer, fairer, and faster. The reforms include changes to the VPPs, the introduction of new zones and overlays, and the simplification of planning processes. The reforms are designed to provide greater certainty for developers and the community, while also ensuring that the system is more transparent and accountable.

In conclusion, Victoria’s planning system has a rich history and has undergone several changes over the years. Today, the system is focused on creating sustainable and liveable communities and promoting social inclusion. The future of the system looks promising, with the Victorian Government committed to implementing reforms aimed at making the system clearer, fairer, and faster.

Regulation Impacts

When it comes to planning in Victoria, regulations have a significant impact on the way land is acquired, developed, and used. In this section, we will discuss some of the key impacts of regulations on land acquisition, compensation, residential and industrial development, policy content, and responsible authorities.

Land Acquisition and Compensation

The Victorian Consolidated Regulations provide guidance on how land is acquired and compensated for when it is required for public purposes. These regulations ensure that landowners are fairly compensated for the loss of their land and any improvements made to the land. If you are a landowner, it is important to understand your rights and obligations under these regulations.

Residential and Industrial Implications

Regulations also have a significant impact on the development of residential and industrial areas in Victoria. For example, regulations related to zoning and land use can impact the type of housing or businesses that can be developed in a particular area. It is important for developers and property owners to be aware of these regulations and how they may impact their plans.

Policy Content and Responsible Authorities

The content of planning policies and the responsible authorities that oversee planning decisions can also have a significant impact on land development in Victoria. Policies related to environmental protection, heritage preservation, and urban design can impact the type of development that is allowed in a particular area. Responsible authorities, such as local councils and state government agencies, have the power to approve or reject planning applications based on these policies.

In summary, regulations related to land acquisition, compensation, residential and industrial development, policy content, and responsible authorities all have a significant impact on land development in Victoria. It is important for developers, property owners, and landowners to be aware of these regulations and how they may impact their plans.

Frequently Asked Questions

What are the planning zones in Victoria?

Victoria has several planning zones that regulate land use and development. These zones include the residential, commercial, industrial, rural, public land and special purposes zones. Each main category has its own sub-categories and each zone has its own set of planning controls and restrictions, and it is important to understand them before undertaking any development.

Just residential zones alone have 6 different zones and each with 1-3 schedules available. 

What are the fees associated with the Planning and Environment Regulations?

The Planning and Environment Regulations outline the fees associated with planning permits, planning scheme amendments, and other planning-related activities. These fees vary depending on the type and scale of the development, and they are subject to change. It is important to check the current fee schedule before submitting any planning applications.

How are planning scheme amendments made in Victoria?

Planning scheme amendments are changes to the policies and provisions contained in planning schemes. These amendments can be initiated by local councils, the Victorian Government, or private individuals and organisations. The process for making a planning scheme amendment involves public consultation, review by government agencies, and approval by the Minister for Planning.

What is the Victorian Planning Authority Act?

The Victorian Planning Authority Act established the Victorian Planning Authority (VPA), which is responsible for planning and coordinating land use and development across Victoria. The VPA works with local councils, government agencies, and the private sector to identify and plan for future growth and development.

What is the Secondary Dwelling Code in Victoria?

The Secondary Dwelling Code is a set of planning guidelines that allow for the construction of secondary dwellings on residential properties in Victoria. These dwellings, also could be known as granny flats or backyard cottages, can provide additional housing options for families and individuals. The code outlines the design and development standards for secondary dwellings, as well as the approval process.

How are planning regulations enforced in Victoria?

Planning regulations in Victoria are enforced by local councils, the Victorian Civil and Administrative Tribunal (VCAT), and other government agencies. These regulations ensure that land use and development is consistent with planning schemes and other planning policies. Enforcement actions can include fines, legal action, and orders to remove or modify non-compliant developments.

Wrapping up

Planning regulations play a crucial role in shaping the built environment and ensuring sustainable development. Throughout this article, we have explored the importance of understanding these regulations, their impact on various aspects of design and construction, and the potential challenges they may present.

If you have any further questions or require expert guidance regarding planning regulations, please reach out to us at SQM Architects. With our wealth of knowledge and experience in navigating the intricacies of planning regulations, we are well-equipped to provide you with accurate and personalised assistance.