1952 VICTORIA SEVENTH ANNUAL REPORT 01<' THE TOvVN AND COUN1'R,Y PL1\NNING 130ARD FOI1 THE PERIOD lsr JULY, 1951, TO 30rH JUNE, 1~)52. PHESENTED TO BOTH HOUSES OF PARLIAMENT PURSUANT TO SECTION 4 (3) OF THE TOWN AND COUNTRY PLA},"NING ACT 1944. Appro:rima.te Cost of Repo,-1.-Preparat!on-not given. PrintJng (\l50 copieti), £225 ]. !'!! Jtutlt.ortt!): W. M. HOUSTON, GOVERNMENT PRINTER, MELBOURNE. No. 5.-[2s. 3d.].-6989/52. INDEX Page The Act-Suggested Amendments .. 5 Regulations under the Act 8 Planning Schemes-General 8 Details of Planning Schemes in Course of Preparation 9 Latrobe Valley Sub-Regional Planning Scheme 12 Abattoirs 12 Gas and Fuel Corporation 13 Outfall Sewer 13 Railway Crossings 13 Shire of Narracan-- Moe-Newborough Planning Scheme 14 Y allourn North Planning Scheme 14 Shire of Morwell- Morwell Planning Scheme 14 Herne's Oak Planning Scheme 15 Yinnar Planning Scheme 15 Boolarra Planning Scheme 16 Shire of Traralgon- Traralgon Planning Scheme 16 Tyers Planning Scheme 16 Eildon Sub-Regional Planning Scheme 17 Gelliondale Sub-Regional Planning Schenu• 17 Club Terrace Planning Scheme 17 Geelong and Di~triet Town Planning Scheme 18 Portland and DiHtriet Planning Scheme 18 Wangaratta Sub-Regional Planning Scheme 19 Bendigo and District Joint Planning Scheme 19 City of Coburg Planning Scheme .. 20 City of Sandringham Planning Seheme 20 City of Moorabbin Planning Scheme~Seetion 1 20 City of Prahran Plaml'ing Seheme 20 City of Camberwell Planning Scheme 21 Shire of Broadml'adows Planning Scheme 21 Shire of Tungamah (Cobmm) Planning Scheme No. 2 21 Shire of W odonga Planning Scheme 22 City of Shepparton Planning t::lcheme 22 Shire of W arragul Planning Seh<>liH' 22 Shire of Numurkah- Numurkah Planning Scheme 23 Katunga. Planning Scheme 23 Metropolitan Planning 23 Ocean Road 24 Tallangatta Township Reml)val 25 4 Page Borough of Maryborough 28 City of Moorabbin-Scheme under Srction 594 of Local Government Act 29 Co-operation of Goverument Departments aml Public Authorities 31 Land Use Zoning 31 The Segregation of Offen si ve Tmdes 32 Base Maps for Planning Scheme8 34 Selection of Place Names 34 The Work of Consultant Planners 35 Car Parking in Country Towns 35 The Subdivision of Laml 37 Early Planning of :Vlelbourm· 39 'rown Planning Education 39 Town Planning Congress 40 Visit of Professor W. G. Holford 40 National Parks .. 40 Visits by the Board 41 Staff 41 MAPS Victoria-Illustrating Municipalities Preparing Planning Schemes Fronting Page 9 }foe-Newborough Planning Scheme Fronting Page 14 Town and Country Planning Board. SEVENTH ANNUAL REPORT. State Offices Annexe, 107 Russell-street, Melbourne, C.l. 20th November, 1952, The Honourable, the Minister of Public Works, Treasury Place, Melbourne, C.2. SIR, 1. In accordance with the requirements of Section 4 (3) of the Town and Country Plann,i,ng Act 1944 (No. 5043), the Board has pleasure in submitting to you, for presentation to Parliament, the report on its decisions, recommendations, and other transactions during the twelve months ended 30th June, 1952. 2. The Board held 52 meetings as well as being represented at many conferences in both metropolitan and country centres. THB ACT. 3. Over a period of two years the Board has requested certain machinery and other amendments to the Act which have been the subject of discussions with you from time to time. In some instances further information to support the proposals has been supplied at your request. 4. To assist your further consideration of these proposed amendments and to avoid the necessity of referring to previous correspondence extending over a period, a consolidated statement of submissions made, together with notes as to subsequent action taken, was forwarded to you on the 24th June, 1952. 5. The proposed amendments referred to are as follows :- (1) Definition of the commencernent of the preparation of a plann,ing scheme. Many important sections of the Act, including Section 12, 'vhich relates to the issue of interim development orders, are hinged on this important legal date but there is no precise definition in the Act as to what actually constitutes the commencement of a planning scheme. When the Board prepared its Uegulations No. 1, later superseded by Regulations No. 4, it included clause 7 which specifically defined the "commencement of a planning scheme." This has been generally adopted and clearly expresses what is required. The specific definition of this significant date is, however, considered of such importance that it should be covered by the Act itself. (2) Exemption from liability to pay compensaiion under certain provisions of a plann'ing scheme to be extended to nn inten:rn development order. The further proviso to Section 22 of the Act reads as follows provided further that no compensation shall be payable under this Section in respect of- (a) any provision in a planning scheme which could have been made and enforced without liability to pay compensation by any municipality or public authority independently of this Act ; (b) any provision in a planning scheme which requires, in the case of the erection of any building intended to be used for the purpose of a business or industry, the provision of accommodation for loading or unloading or fuelling vehicles with a view to preventing the obstruction of traffic in public streets ; or · 6 (c) any proviSIOn in a planning scheme which prescribes areas in which land is to be used for specified purposes and prohibits, restricts, or regulates the use of land in those areas for any other purposes." These provisions relate to an approved planning scheme. It would appear that liability for compensation may be proved if, prior to the approval of the planning scheme, the responsible authority disallowed such development under an interim development order, although prohibition by the scheme, when approved, is without liability for compensation. It is suggested that a similar indemnity be provided in the case of a refusal to grant permission for the same type of development as is exempted from liability for compensation under an approved planning scheme. The Board also submits that the Act should exclude a responsible authority, operating under an interim development order, from liability for compensation for any temporary refusal to permit the changing use of land during the bona fide period when a planning scheme is being prepared, notwithstanding that the final approved planning scheme may not adhere to the temporary objection. (3) Continuation of joint cmmnittee after approval of a joint planning scheme. The Act provides that the responsible authority "as regards the enforcement and carrying out of any scheme means the council of the municipality whose municipal district or any portion thereof is included in the area of the scheme ". 1'his means that when a scheme, prepared by a joint committee, is approved, it is left to the constituent councils to enforce and carry out the provisions of the scheme. v\nilst in the main this is sound, it is felt that some aspects of a joint planning scheme will be more satisfactorily observed if the joint committee propounding the scheme is retained to oversee its implementation. The retention of a joint committee would encourage the provision in the scheme itself of vested authority to determine priority of works and the allocation of funds jointly contributed. It is highly probable that the mere obligation of consultation would be the best means of ensuring mutual co-operation in giving effect to such provisions in a joint planning scheme. (4) Clarification of land acquisition powers. The Act provides that " for the purposes of any planning scheme the responsible authority may either by agreement or compulsorily purchase any land or any easement right or privilege in over or affecting any land ". Whilst such a power seems obviously intended to apply only for the purpose of carrying into effect the provisions of a scheme which has been approved after being subjected to public criticism and objection, the position may not be clearly stated. The Board, therefore, feels that the attention of the Parliamentary Draftsman should be drawn to the desirability of inserting the word "approved" before the words " planning scheme " in Section 21. (5) Publication of interim development orders. 1'he Act requires that a copy of every approved interim development order must be published in the Government Gazette and in a local and daily newspaper (see Section 12). Often the technical description of the area covered is very lengthy and the cost of publishing same appreciable. It is necessary for any interested party to visit the office of the responsible authorities in order to ascertain from a plan what area is in fact embraced in the technical description and the other associated provisions. The Board believes that it is only necessary to publish a summary of the order and that responsible authorities be required to have available for inspection a plan showing the area affected by the order. It is, therefore, suggested that the position can be adequately and economically met by following the procedure laid down for by-laws under the Local Government Act as per Section 207 (a) (ii). (6) Clarification of the effectiveness of an interim development order when a ]Jlanni,ng scheme for only part of the planning area is approved. The Board suggests that the Act be clarified to ensure that interim control lapses only in respect of such area or areas in respect of which a planning scheme has been approved. 7 An amendment to Section 12, along the following lines, would meet the case, viz., ''provided that when a planning scheme is approved for part only of the area covered by the interim development order, then the order shall be revoked only in respect of such part." (7) Reference of all plan,<; of subdivision to the Board.