1963-64 VICTORIA SEVENTEENTH ANNUAL REPORT OF THE TOWN AND COUNTRY PLANNING BOARD OF VICTORIA FOR THE PERIOD I ST JULY, 1961' TO 30TH JUNE, 1962 PRESENTED TO BOTH HOUSES OF PARLIAMENT PURSUA}o'T TO SECT10:-i 5 (2} OF THE TOWN AND COUNTRY PLANNING ACT 1961 [..t"""""mat"' Cos' of Repon.-Preparation. not given. Printing (225 copies), £250.] By Authority: A. C. BROOKS, GOVERNMENT PRINTER, MELBOURNE. No. 31.-[2s. 6D.].-2ll/64. INDEX PAGE Introduction 5 Board as a Corporate Body 6 The Act 6 The Regulations 7 The Local Government Act 7 Planning Schemes~General 8 Planning Schemes commenced, m course of preparation, or approved 9 Planning Schemes Examined by the Board 18 Eildon Reservoir Planning Scheme (Shire of }lansfield) 18 Eildon Reservoir Planning Scheme (Shire of Alexandra) 19 Eildon Sub-Regional Planning Scheme 19 Fern Tree Gully Planning Schemes 19 Phillip Island Planning Scheme 20 French Island Planning Scheme 21 Waratah Bay Planning Scheme 22 Eppalock Planning Scheme 22 Tower Hill Planning Scheme 23 Joint Planning Schemes-- Geelong and District ,Joint Planning Scheme 24: Wangaratta Sub-Regional Planning Scheme 25 Portland Planning Scheme .. 25 Ballarat and District Joint Planning Scheme 25 Ararat and District Joint Planning Scheme 25 Metropolitan Planning Scheme 26 City of Melbourne Planning Scheme 26 Continuation of Preparation of Planning Schemes in Altered Municipal Districts 27 Visits by the Board 28 Planning Officers' Conference 1961 28 Control of Foreshore Areas 28 Economic Development of Gippsland 29 Land U11e Zoning~By-Laws uncler the Local Government Act 30 Staff .. 30 Town and Country Planning Board SEVENTEENTH ANNUAL REPORT 61 Spring-street, Melbourne, C.1. The H onorable the Minister for Local Government, 61 Spring-street, Melbourne, 0.1. SIR, 1. In accordance with the proVISions of Section 5 (2) of the Town and Country Planning Act 1961 (Act No. 6849), the Board has pleasure in submitting to you fo'r presentation to Parliament the following report on its activities during the twelve months ended 30th June, 1962. 2. The Board again records its regret that this report was not presented to you within the period required under the provisions of the Town and Country Planning Act, and expresses its hope that its request for an increase in the number of staff will be met at an early date so that in addition to being able deal expeditiously with the increasing volume of work, the submission of future annual reports will be able to be made within the statutory period prescribed. 3. During the period under review, the Board held 49 meetings and in addition was represented at a number of conferences held in the metropolitan area and various country centres. 4. The Board was gratified to note the continuing increase in interest displayed in town planning not only by municipal Councils but also by the public and the growing awareness and understanding of the planning matters evidenced. 5. In its seventeenth year of existence the Board is in a position to review with a certain amount of assurance the value that planning has been to the State. The Board was set up in 1945 and it was apparent in the immediate ensuing years that due to lack of knowledge and because of a fear of the consequences there was a great deal of hesitancy by Councils in commencing to prepare planning schemes in accordance with the legislation which had been enacted. 6. Through the efforts of a few Councils which realized the advantages and which dared to use the new legislation in the early years of planning an understanding was slowly reached by forward thinking Councils of the practical benefits to be derived from the application of statutory planning schemes. As more Councils entered this new field of operations many problems arose and were resolved. 7. From these beginnings, planning schemes for various areas have emerged which now with the passage of time have proved the fundamental soundness of the principles followed in the preparation of the schemes. 8. In the new areas of development the guiding hand of the planning scheme is more obvious than in the older and densely settled areas where desirable projects may take many years to implement. 6 9. The resources of the Board have always been made available to Councils who required advice and encouragement and this policy has enabled a certain degree of co-ordina1?(_}n which is apparent in those areas where schemes are operating. BOARD AS A CORPORATE BODY. 10. One of the important effects of the recent consolidation of the Town and Country Planning Acts has been to make the Board a body corporate under the name "Town and Country Planning Board". 11. The Board when requested by the Minister to prepare a planning scheme functions as a Responsible Authority and has previously been unable to sue or be sued as a legal entity or take other legal action, as have municipal Councils acting as Responsible Authorities for th~ preparation of planning schemes. Pre·viously the responsibility rested on the .individual . members of the Board for action which might be taken against the Board. 12. The assumption by the Board of a separate legal entity having perpetual succession will therefore be of considerable assistance in the Board's administration particularly should any matters arise requiring legal action such as cases where the conditions of permits have not been observed or payment of compensation is involved. 13. The recent introduction of scholarships granted by the Board to selected students undertaking the diploma course in Town and Regional Planning at the Melbourne University also rendered this move necessary to enable the Board as a legal entity to enter into agreements with the recipients of the scholarships. 14. At its meeting on the 7th March the Board formally adopted a design for a common seal. The common seal of the Board is now affixed to interim development orders, planning schemes prepared by the Board, agreements made in respect of scholarships granted by the Board, and such other documents or instruments as the Board may from time to time resolve should be affixed with the common seal. THE ACT. · 15. On the 6th February, 1962, the Governor in Council approved a proclamation that the Town and Country Planning Act (Act No. 6849) should come into operation, and notification of the proclamation appeared in Government Gazette No. 16 dated 21st February, 1962. 16. The Act consolidated the previous legislation relating to to\\rn planning and at the same time incorporated many new matters which both this Board and the Melbourne and Metropolitan Board of \Vorks had previously suggested as desirable features of the legislation and which wemld overcome certain difficulties of administration which had ~ri~en under the previous legislation. 17. The principal additions to the Act may be summarized as follows:- Sect1:on 4 (1) represents .a .change in the legal entity of the Board (see paragraph 10 hereto) by providing that:- · " The Board shall be a body corporate by the name of the ' Town ,.. and Country Planning Board' and by that name shall have perpetual succession and a common seal and shall be capable in law of suing and of being sued and of purchasing taking holding selling leasing exchanging or disposing of real and personal property for the purposes of and subject to this Act and of doing and suffering all such acts and things as bodies corporate may by law do and suffer." · Section 18 (2) provides that where the Responsible Authority is of the opinion that the grant of a permit may cause a substantial detriment to any person other than the applicant it shall, before determining the application require the applicant to advise any such person accordingly and/or to publish a ' ..,. notice as required by the Authority giving details of the application and calling for any written objections to the grant of a permit. 7 Section 27 clarifies the position relating to discretionary uses by empowering a Responsible Authority where the scheme so provides to grant permits after the approval of a planning scheme on such conditions (if any) as are specified in the scheme and, where the scheme so provides, on such conditions as the responsible authority may in its discretion deem necessary. An applicant has appeal rights similar to those available to aggrieved applicants for permits under Interim Development Orders. Similar conditions regarding the revocation or modification of a scheme also apply. Section 32 (6) provides that the Governor in Council on the application of the Responsible Authority and after consideration by the Minister of a report thereon by the Board may, where he is satisfied that the circumstances do not warrant the preparation of an amending scheme, amend a planning scheme by a Governor in Council Order. Section 32 (7) ensures that persons who may be affected by a planning scheme prepared under the previous sub-clause (6) will be given an opportunity to lodge possible objections. Section 49 (2) deals with offences, and provides that a Responsible Authority may, by summons, apply to the Supreme Court or a Judge thereof for an injunction restraining any person from contravening the Act or any Interim Development Order or planning scheme or the conditions of any permit thereunder or compelling compliance with this Act or any such order scheme or condition. 18. Numerous modifications of a minor nature are included in the new legislation including provision for the notification of the owner of any land for which an amending planning scheme is to be prepared, the clarification of the proportional liability of owners of abutting lands having access to new or widened roads in cases where additional costs are involved by reason of the increased width or standard of construction of the road.