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Town and Country Planning Board of Victoria

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Town and Country Planning Board of Victoria 1958-59 VICTORIA THIRTEENTH ANNUAL REPORT OF THE TOWN AND COUNTRY PLANNING BOARD OF VICTORIA FOR THE PERIOD I ST JULY, I 957, TO 30TH JUNE, I 958 PRESE~'l'ED TO BOTH HOUSES OF PARLIAME~T PURSUANT 1'0 SECT£0~ 4 (3) OF THE TOWX AXD CUC~TRY PLANXING ACT lll44 [Appro.xunate Cost nf Report-Preparation, not. giveu. Printing (l,UUU \_·opie;:;), £~Go.] By Authority : A C BROOKS, GOV!'RN~fENT PRINTER, .\IELBOURNE. No. 25.-[ 2s.}.-12115f58, INDEX I'AGE. The Act .. 5 Regulations 5 Planning Schemes--General 6 Planning Schemes commenced, m course of preparation or approved 7 Ocean Road Planning Scheme 13 Eildon Sub-Regional Planning Scheme 13 Tallangatta Planning Scheme 1956 .. l;j Metropolitan Planning Scheme 18 Geelong and District Joint Planning Scheme 19 Ballaarat and District Joint Planning Scheme 19 Portland and District Joint Planning Scheme 20 W angaratta and District Planning Scheme 20 Mornington Peninsula 20 Dandenong Ranges 23 Land Use Zoning~By-laws Under Local Government Act 23 Schemes under Section 594, Local Government Act 24 Examination of Planning Schemes by the Board 24 Extractive Industries 25 Site for }[onash University 25 Melbourne Airport Facilities 26 Uniform Building Regulations 26 Exceptional Uses .. 28 Visits by the Board 28 Staff 28 Sir J ames Barrett Memorial Medal 29 MAPS AND PHOTOGRAPHS I'AGE. Victoria~-Showing Location of Planning Schemes Facing page 12 Ocean Road~ Horseshoe Bend near Lorne . 14 Camping Area at Cumberland Creek 14 Ocean Road and Coastline West of Cape Patton 14: Tallangatta-- View of New Town Showing Hume Reservoir in the Background 15 Planning Scheme :Map 16 Municipal an<l Public Offices 17 Housing Development with part of Central Open Space and Shopping Centre in Background 17 Shopping Centre, Open Space and Car Park 17 ):[ornington Peninsula-Showing Planning Scheme Coverage 21 Town and Country Planning Board THIRTEENTH ANNUAL REPORT Rtate Offices Annexe, 107 Russell-street, Melbourne, C.l, 2:3rd December, 1958. The Honourable the 1li£n£ster for Local Government, Treasury-place, Melbourne, 0.2. SIR. l. In accordance with the requirements of Section 4 (3) of the Town and Country Plann£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, 1958. 2. The Board held 46 meetings, as well as being represented at a number of conferences in both metropolitan and country centres. THE ACT. !J. The Board regrets that the draft legislation to amend the Town and Country Planning Acts, which has been under consideration for about two years, has not yet been presented to Parliament. 4. The amendments proposed, although generally of a machinery nature, are of some urgency and importance, particularly in relation to the }fetropolitan Planning Scheme where hardship has resulted from the present compensation provisions of the Act during the period of interim control. 5. Other amendments requested by the Board to facilitate administration and to remove anomalies under the present provisions, although of not such urgency, are nevertheless important, and it is hoped that the necessary a.mending legislation will be brought down at an early date. 6. The draft Bill to consolidate the law relating to town and country planning was commented upon by the Board earlier this year, and when enacted will enable a more ready interpretation of the principal Act and the various amending Acts which have been passed since 1946. REGULATIONS. 7. Town and Country Planning Regulations No. 8, which were approved by the Governor in Council on 29th ApriL 1958, and published in Government Gazette No. 33, dated 30th April, 1958, contain a number of amendments to the existing consolidated Regulations No. 7. These amendments were required to clarify certain provisions of the ex.isting Regulations and to overcome a few minor difficulties in procedure which had ansen. 8. 'rhe purpose of the amendments is as follows :- (a) The Act draws no distinction between a planning scheme and an amending planning scheme, and provides in Section 14 (7) for the variation of a planning scheme by a subsequent scheme prepared in accordance with the Act and the Regulations. In Regulation 8 {1) of Town and Country Planning Regulations No. 7 it was provided that any planning scheme deposited and made available for public inspection shall have deposited therewith an existing conditions map. The Board considers that the preparation and depositing of a map showing the existing development at the time of the making of the original scheme is essential, but, as all development subsequent to the approval of a scheme is obliged to follow its provisions, the preparation of further existing conditions maps when amending schemes are made is considered unnecessary. Regulation 8 (1) of Town and Country Planning Regulations Ko. 7 has now bBen amended to the effect that the depositing of an existing conditions map is not required in the case of a "subsequent scheme for the variation of a planning scheme ". 6 (b) It was considered that a Responsible Authority, in refusing to issue a permit under an Interim Development Order should be required to inform the applicant of the reasons for such refusal. Unless the applicant is aware of the reasons for a refusal, he is placed at a disadvantage in the preparation of his case, should he desire to appeal to the Minister pursuant to Section 12 of the Act. In addition it was felt that his decision to submit an appeal may well depend on the reasons given by the Responsible Authority for the refusal of a permit. Regulation 10 of Town and Country Planning Regulations No. 7 now requires that "where a permit has been refused the Responsible Authority shall notify the applicant in writing and shall give the reasons for such refusal ". (c) The period of 28 days prescribed under Regulation No. 7 as the time within which an appeal pursuant to Section 12 of the Act may be lodged, was found, in practice, to be too short in many cases and insufficient to enable the preparation of a submission by an appellant. The period prescribed has now been extended to two months. (d) Under the provisions of Regulations 14 and 15 of Town and Country Planning Regulations No. 7, some confusion had arisen as to the detailed procedure for the adoption of a planning scheme and the authentication of the two sets of documents which are required to be submitted for approval. The amendments contained in Regulations No. 8 clarify the procedure which has been followed in the past, and require the adoption of a scheme and the submission for approval of the documents comprising that scheme, together with a copy of such documents authenticated in the same way as the adopted scheme. (e) Amendments made to Regulation 17 of Town and Country Planning Regulations No. 7 partly are in consequence of the amendments to Regulations 14 and 15 and, in addition, clarify the existing provisions as to the manner in which the copies of an approved scheme are prepared and submitted for depositing pursuant to Section 18 of the Act. The number of copies required to be submitted has been increased from six to seven, as an additional copy is now required for the Minister. (f) In the Fifth Schedule to Town and Country Planning Regulations No. 7-­ N otice of Approval of an Interim Development Order-the words " free of charge" have been added after the words "may be inspected". This addition is in line with the provisions of Section 12 (2) (b) of the Act. (.q) The amendments made to portions of I terns 9 and 10 of the Thirteenth Schedule to Town and Country Planning Regulations No. 7 remove the confusion resulting from the use of the term " reserves " in relation to an existing conditions map and correct errors in the drafting of the present provisions. PLANNING SCHEMES--GENERAL. 9. Details of planning schemes commenced, in course of preparation, or approved as at 30th June, 1958, are set out in the following pages. In respect of a number of the planning schemes contained in List "C ", the Board has under consideration the revocation of the Interim Development Order, but, in most instances, has deferred final action for a specific period as a result of assurances given that the particular planning scheme will be further advanced within that period. The schedules comprise :- List " A "-Planning Schemes Approved-comprises schemes which have been approved by the Governor in CounciL The date of approval and notification of such approval in the Government Gazette is shown in each case. List " B "-Planning Schemes Proceeding Satisfactorily--comprises those schemes in the preparation of which satisfactory progress has been maintained during the past twelve months. List " C "-Planning Schemes officially recorded as " commenced " in accordance with the Act, but on which no progress has been made during the year under review. It will be noted from the comments indicated against a number of these that, subsequent to the decision of the relative Council to proceed with planning, the area concerned became absorbed in the metropolitan plan, or a joint planning scheme. These cases remain listed merely to keep the records complete. 7 10. It might be noted that the population in areas included in Lists " A " and " B ,. , which comprise planning schemes approved or proceeding satisfactorily, now exceeds 2,075,000 out of an estimated State population of 2,741,397. · PLANNING SCHEMES COMMENCED, IN COURSE OF PREPARATION, OR APPROVED AS AT 30TH JUNE, 1958. LIST " A "-PLA~""NING ScHEMES APPROVED. Bo;-mt•" UnJJOrt to l\llnister l>ate of Approval b~· Sc.hcnu·.
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