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Town and Country Planning Board 1952-1953 VICTORIA EIGHTH ANNUAL REPORT OF THE TOWN AND COUNTRY PLANNING BOARD FOR THE PERIOD I ST JULY, I 952, TO 30TH JUNE, I 953. PRESE:KTED 't'O BOTH HOUSES OF PARLIA.\IEX'l' PURSUA~'l' TO SEC'l'IOX 4 (3) 01<' THE TOW:\ A~D COUXTRY PLANNING ACT 1944. [.Appi'O.r:imate C:osl of !ltport.-Preparation, HOt given. Priuting (\lGJ copies), £HH .] ~~1 ci\ uthont)J: 'f', M. HOUSTON, GOVER;\IMENT PRINTER, MELBOURNE. No. 32.-[2s.].-l03Hl/53. INDEX Page The Act 5 Regulations untler the Aet ti Planning Scheme~- General G Details of Planning Schemes in Course of Preparation (\ Latrobe Valley Sub-Regional Planning Rcheme 10 Sbire of Narracan~ Moe-Newborough Planning Scheme 10 Y allourn North Planning Scheml' 11 Shire of ::Vlorwell~ Morwell Planning Se hP m!' 11 Yinnar Planning Schenw 11 Heme',; Oak Planning HdwnH' 12 Hoolarra Planning Scheme 12 Shire of Traralgon~ Traralgon Planning Scheme 12 Tyers Planning Scheme 12 ~Eildon Sub-Regional Planning Scheme 13 Gelliondale Sub-Regional Planning Scheme 13 Club Terrace Planning Scheme (Shire of Orbost) 13 Ocean Road Planning Scheme H Oeelong and District .Joint Planning 8cheme 17 Portlantl and District .Joint Planning Scheme 17 Shire of W odonga Planning Scheme 18 Shire of W arragul Planning Scheme 18 City of Hamilton Planning Scheme 19 Shire of Ballarat Planning Scheme 19 City of Ararat Planning Scheme .. 19 Shire of Benalla Planning Scheme 20 Town of Colac Planning 8cheme .. 20 Shire of Seymour Planning Scheme 20 City of Shepparton Planning 8cheme 21 :vretropolitan Planning 2] Metropolitan Improvement Fund 21 City of Camberwell Planning Scheme 22 City of Moorabbin~ City of Moorabbin Planning Scheme, Section 1 22 City of Moorabbin Planning Scheme (Zoning), 1953 23 City of Richmond Planning Scheme 2:3 Interim Development Orders 23 Township of Tallangatta 25 '\chemes under 8ect.ion 59-1 of the Local Government Act-­ City of Hcidelberg .. 26 Shire of Fnmk~ton and Hastings 2G Land Use Zoning- By-laws under the Local Government Act 2G Shire of Fern Tree Gully~Dandenong Ranges 27 Mornington J>eninsula 28 Non-Conforming Uses 28 4 Page Uniform Building RegulatioJB 2\1 Local Government and Town and Country l'!anning 30 Town Planning Education Selection of Place Names 32 Town Planning Congress .. Visits by the Board Staff MAPS AND PHOTOGRAPHS Victoria-Illustrating Municipalities Preparing Planning Schemes ]'ror,ting Page 6 Typical Views along the Ocean Road 15 Ocean Road Planning Area ,, Hl " Latrohe Valley Exl1ihit-Australian l'launing lnstitnte Congress .')] Town and Country Planning Board. EIGHTH ANNUAL REPORT. State Offices Annexe, 107 Hussell-street, :\Ielhourne, C.l. Bth December, 1U5!). The Honourable the Commisl'<ioner of Public \Vork;-;, Treasury Placr, ~Ielbonrne, C.2. l. In aecordam:e with the requirement;;; of Section 4 (3) of the Town and Country Plann1:ng Act 1944 (No. 5043), the Board has pleasure in submitting to you for presentation to Parliament, the report on decisions, recommendations, and other transactions during the twelve months ended :30th June, 1953. 2. The Board held 62 rneetings- as \\-ell as being represented at many conferences m both metropolitan and country centres. THE ACT. 3. During the the Board has continued to press for amending legislation to incorporate the various suggested amendments to the Acts which were referred to m detail in its Seventh Annual Report. · 4. The necessity for these suggested amendments has become increasingly important through the wiuer use of the powers under the 'I'own and Country Planning Acts by councils generally and by various public authoriticR, as 1vell as through the Board's own t~xperience in the administration of the Aets over a period of seven years. 5. It is hoped tha.t your expreRse(t inknti.on to rtiscuss with the Board details of t lw proposed amendmentR, 1vith a view to t.hc preparation of t1 draft Bill, will result in legislative sanction lleing givPn to the proposalfl at an early date. 6. Certain envisagc(t !tiftieultiPs luwe also arisen in regard to the pmvers and lia bilit.ies of the Melbourne and ~letropolitan Hoard of \Y orks aR the Metropolitan Planning Authority under the Town and Country Plannin.IJ (JletroJJolitan Area) Act 1949. This Authority, as part of its normal function, has wide powers in regard to water supply, drainage, and sewerage matters but, as a responsible authority under the Town a.nd Country Planning Acts, is at a serious disa.dvanta.ge in comparison ''-'ith municipal councilR in that it has not the support of the Local Govemment Act. 7. Many of the 'vide powers anrl duties undPr the Local Government Aet are, in the opinion of the Board, further extended by the Town and Country Planning Acts. These wide powers are necessary for a responsible authority dming the preparation of planning schemes and in their implementation after approval. 8. As councils are responsible for the issuing of building permits, the approval of plans of subdivision of land and many other forms of developrnent, they are in a position to more satisfaetorily protect planning proposals duriHg tJw preparation stages of a 1-ieheme than a.n authority which has limited special po\vers. !>. A further matter upon which the Boanl's advice has been requested is the question of liability for claims for eompensa.tion under the proposed metropolita.n interirn development order. This question, it ir:; felt, must be considered from the practical application of the Act as well as from the strict legal interpretation of its provisions. Unquestionably claims for compensation must arise where land is taken for a specific purpose or prejudicially affected by the operation of the interim development order but, having in mind the fact that claims for prejudicial affection under the Aet shall exclude remote, indirect or speculative damages, it is contended that. elaims for prejudicial affection as a result of real damage would be few. 6 10. There have been no claims for compensation for prejudicial affection during the operation of the 59 interim development orders at present in force in Victoria. REGULATIONS. 11. Sub-section 5 of Section 12 of the Principal Act as amended states, in relation to interim development orders, that :- " any person who feels aggrieved by the refusal of the responsible authority to grunt a permit . or by the conditions attached to any permit grunted thereunder or by any direction given ... may within such time as is prescribed appeal therefrom to the Minister whose decision shall be final and shall be given effect to by the responsible authority ". 12. In order to prescribe, pursuant to the Act, the time within which an " aggrieved person" may appeal to the Minister, the Board prepared Town and Country Planning Regulations No. 5 which were approved by the Governor in Council on 12th May, 1953. 13. These Regulations prescribe that any person who feels aggrieved by the refusal of the responsible authority to grant a permit under its interim development order or by the conditions attached to a permit, and desires to exercise the right of appeal to the Minister, shall do so within 28 days of receipt of notification from the responsible authority of the refusal, permit or direction. 14. The Regulations also prescribe that such an appeal shall be made in writing and shall state the grounds of the appeal. PLANNIXG SCHEMES--GENERAL. 15. Increasing evidence of the realization by councils of the benefits to be derived from the use of the powers available under the Town and Country Planning Acts may be drawn from the fact that a number of new planning schemes have been commenced during the year. · 16. In addition, several councils have requested information on the preparation of a planning scheme and, ut the present time, have the matter under consideration. 17. Up to 30th June, 1953, 82 separate planning 'lcheme» have been commenced or approved in Victoria. This does not include the metropolitan planning scheme, which embraces 42 municipalities, although 27 of the planning schemes (including amendments) which are referred to above, are within the metropolitan planning area and represent the result of local planning by the municipalities concerned. These schemes are generally in aid of the metropolitan planning proposals. 18. Most municipalities engagQd in the preparation of a planni·ng scheme are controlling development by means of an interim development order during the planning period. Fifty-nine separate interim development orders are in force at the present time, of which 11 are in the metropolitan planning area. 19. The following is a list of planning schemes commenced, in course of preparation, or completed as at 30th June, 1953 CoMMENCED PRIOR. To 1sr .JuLY, 1952. (Position as at 30th June, 1953.) Current, Exhibition Scheme. LD.O. Period Remarks. Approved. r:xpircd. Cities. Ararat 9.6.47 I 22.7.47 19.6 52 Submitted fm: approval. See page 19 Ballarat .. 28.3.50 Possibility of joint planning com- mittee with adjacent munici­ palities being investigated "'Brunswick I 28.3.49 30.4. 49 Approved by Governor in Council on 25th October, 1949 *Brunswick (2) (amending) .. 26.5.52 30. 6. 52 Awaiting approval of Governor in , Council "'Camberwell 19.3.51 5. 5 . 53 : Advanced. See page 22 'In Metropolltan Planning Area. TOWN AN D C OUN TRY PLANNING BOARD PLANNING IN VICTORIA AT 30TH JUNE 195 3 REFERENCE ... U t41( 1f'...._ ITI[ l IN '"'" ~'•" 1'1 "'•' ( llflttN C.0 ...... ( N(t 0 l.OC. .... I..ITT 01 .. [tRQPOU1 ... 0( .o.R (.o. b(INC PLA .. >Il O ., ff'{ w tL&OU RN( a, ~.t tTAOPO!..IT... .. BOA.ftD 01 •OIUC.S ""''• N.C. .,..... .., u~o ... .. ,., ., "' ' •t•foOOoolo.LC ""'"CI-111 11 UOO!NI ~ .
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