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Town and Country Planning Board of Victoria \ 1971 VICTORIA TWENTY-FIFTH ANNUAL REPORT OF THE TOWN AND COUNTRY PLANNING BOARD OF VICTORIA \ FOR THE PERIOD lsr JULY, 1969, TO 30TH JUNE, 1970 PRESENTED TO BOTH HOUSES OF PARLIAMENT PURSUANT TO SECTION 5 (2) OF THE TOWN AND COUNTRY PLANNING ACT 1961 By Authoniy : C. H. RIXON, GOVERNMENT PRINTER, MELBOURNE. No. 10.-4772/71-60 cents. Contents 5 Meetings 5 Conferences 5 Membership of the Board 5 Legislation 7 Litigation 7 Delegation of the Board's powers and functions 9 Strategic Planning 9 State Planning Council 9 Statements of planning policy 9 Regional planning authorities 10 Regional studies 13 Schematic Planning 13 Planning schemes being prepared by the Board 17 Planning schemes being prepared by Councils 19 Melbourne Metropolitan Planning Region 19 Revocations 20 Interim development orders 21 Coastal study-Mallacoota to Wingan Inlet 23 Committees 27 Symposiums 29 Promotion of planning 33 Staff 34 Appendices Map Twenty-Fifth Annual Report 235 Queen Street, Melbourne, 3000 The Honorable the Minister for Local Government, 61 Spring Street, Melbourne, 3000 Sir, In accordance with the prov1s1ons of Section 5 (2) of the Town and Country Planning Act 1961 the Board has pleasure in submitting to you for presentation to Parliament the following report on its activities during the twelve months ended 30th June, 1970. MEETINGS The Board held 22 meetings during the period under review. CONFERENCES In addition to the formal meetings held by the Board, the Chairman, Deputy Chairman and senior officers attended a number of conferences held in the metropolitan area and country centres. Throughout the year there was continuing contact with councils in discussing planning proposals and the progress of their planning schemes. Close liaison was also maintained with regional planning authorities and the Board of Works particularly through the use of standing committees. MEMBERSHIP OF THE BOARD Reference was made In the previous report to the enlargement of the Board to four members with the appointment as Deputy Chairman of Mr. H. W. Hein, formerly Assistant Principal Planner with the State Planning Authority of New South Wales. The Board has been pleased to welcome Mr. Hein who took up his appointment on the 15th July, 1969. The skill and experience which he brings to the position will be of considerable benefit to the Board in the additional work it has been required to undertake. The Board learnt with pleasure that Her Majesty the Queen in the 1970 Birthday Honours had bestowed the award of Officer of the Order of the British Empire upon Mr. Lea in recognition of his public service as a member of the National Capital Planning Committee. The Board was also pleased to learn that Mr. Collins had been made a Life Fellow of the Royal Victorian Institute of Architects in recognition of his services to architecture as head of the Department of Architecture at the Gordon Institute of Technology. LEGISLATION On three occasions during the year there was need for urgent legislative action to resolve certain difficulties. The amendments made to the Act were- (i) Town and Country Planning (Compensation} Act The effect of this Act which was proclaimed on 19th December, 1969, is to control the extension of extractive industry in any area which is declared a scenic area. The necessity for the legislation arose from the need to control proposed extensions of extractive industries operating at Arthur's Seat. 6 The Act added a new sub-section to Section 42 granting the Governor in Council power to declare any area in which an extractive industry operates to be a scenic area, provided that the natural conditions are of unusual interest and beauty and should be preserved in the interests of the people of Victoria. lt also provides that any control introduced by a responsible authority for the prohibition, restriction or regulation of any extension of extractive operations over additional land in the scenic area shall not be subject to the payment of compensation. A new Section 48A was also introduced enabling a responsible authority to determine at any time the extent of existing extractive operations within a declared scenic area. Where a determination (or lack thereof) is not acceptable to the owner or occupier, the Appeals Tribunal is empowered to make a final determination binding on all parties. To date, the only declared scenic area in Victoria is the northern face of Arthur's Seat. (ii) Town and Country Planning (Appeals Tribunal) Act The Town and Country Planning (Appeals Tribunal) Act 1969 was proclaimed on the 25th March, 1970. The effect of this Act is to increase the number of members of the Town Planning Appeals Tribunal from three to as many as the Governor in Council thinks fit. The Tribunal will continue to sit as a body of three but will now sit in divisions. Each division will possess the same relationship of experience and qualification between members as that of the original Tribunal, i.e. each division will be chaired by a person who is a barrister and solicitor of the Supreme Court of Victoria and of the other two members, one shall have experience in town and country planning and the other a knowledge of and experience in public administration, commerce or industry. The appointment of additional members was necessary to handle the increasing number of appeals. (iii} Town and Country Planning (Responsible Authority) Act The Town and Country Planning (Responsible Authority) Act 1970 was proclaimed on 22nd April, 1970. This Act allows the Board, in cases where it is preparing or has prepared schemes, the power to enforce and carry out the provisions of the scheme prior to the approval of the scheme being published in the Government Gazette. The passing of this Act resulted from a decision of the Full Supreme Court of Victoria in which it was held that these powers although available to other responsible authorities were not available to the Board under the existing legislation. The Board has also been concerned with other legislation which came before Parliament during the year, the most important being- (a) Urban Renewal Legislation The Urban Renewal Bill and the Housing (Urban Renewal) Bill were both introduced into Parliament during the year but neither Bill reached the stage of approval. (b) Phi/lip Island Development Authority Bill In the 22nd annual report the Board said that it intended to extend its study for the zoning of Phillip Island to include amendments to the planning scheme covering protection of tourist resources and landscape and treatment of prematurely subdivided and poorly developed areas as well as proposals for management of the tourist resources. The following year the Board submitted its report to the Minister and this year a draft Bill was prepared 'to establish a Phillip Island Development Authority and to provide for the better development of Phillip Island and other purposes.' The Bill, which contained a number of the Board's recommendations, was still under consideration by Parliament at the conclusion of the Autumn Session. Town and Country Planning Regulations During the year one amendment (No. 9) was made to the regulations. This resulted from the approval on 16th September, 1969, of the Town and Country Planning Appeals Regulations No. 2, which concern the operations of the Town Planning Appeals Tribunal. The Ninth and Tenth Schedules of the Town and Country Planning Regulations include reference to appeal provisions and it became necessary for these to be altered. The amending regulations, substituting new Ninth and Tenth Schedules, were approved by the Governor in Council on 30th September, 1969. 7 LITIGATION For a number of years the Board has reported that the approval of the Phillip Island Scheme, which it prepared, had been delayed by pending litigation. In October, 1964, the Board obtained the Minister's consent to acquire compulsorily some privately owned land on the Island for a proposed reserve for special purposes. The notices to treat which were subsequently issued by the Board stated that the land was required by the Board for the purposes of the Phillip Island Planning Scheme. A writ was issued on behalf of the owners seeking a declaration that the acquisition of their land was invalid. In his judgment, delivered on 4th August, 1969, the trial Judge held that the Board did not have powers to acquire the land. lt had been thought by the Board that, when preparing a scheme, it could exercise all the powers and functions capable of being exercised by a responsible authority prior to the approval of a scheme, and that the relevant municipal council exercised such powers after approval. The effect of the judgment was that the powers of enforcement and carrying out could only be exercised in this particular case by the Phillip Island Shire Council, whether before or after approval of the scheme. An appeal by the Board was later dismissed by the Full Supreme Court. The Court held that the acquisition of land proposed to be reserved in a scheme was, if carried out prior to approval of the scheme, a measure by way of anticipation of the process of carrying out the scheme. However, the Court also held that according to the existing definition of " responsible authority " in the Act the Board was precluded from acquiring the land proposed to be reserved. As a result, the Board sought an amendment to the Act to enable it in any future case, with the Minister's consent, to acquire land compulsorily and to exercise generally powers of enforcement and carrying out prior to the approval of the scheme. Reference to the amending Act entitled the Town and Country Planning (Responsible Authority) Act is made under " Legislation ".
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