A $?uide To Statutorv. Planning lr: ~. ie Geelong Reg1on Geelong Regional Planning Authority Sep. 1975 TOWN AND COUNTRY PLANNING BOARD ...... LIBRARY. 4247 A Guide To Statutory Planning In The Geelong Region ~ . Geelong . Regional Planning Authority Sep. 1975 ' PORT PHilLIP BAY 8ASS STRAIT GEELONG REGIONAL PLANNING AUTHORITY AREA 0 8 16 Miles CONTENTS PAGE ., CHAPTER 1 INTRODUCTION 1. CHAPTER 2 THE PLANNING PROCESS IN VICTORIA 2. 1 Respons.ible Authorities 3. 2.2 Interim Development Orders and Planning Schemes 3. 2.2.1 Interim Development Orders 4. 2.2.2 Planning Schemes . 5. 2.3 Town Planning Permits 6. CHAPTER 3 AIMS OF THE GEELONG REGIONAL PLANNING SCHEME 3. 1 Introduction 8. 3.2 Environmental Planning 8. 3.3 Rural Planning 8. 3.4 Urban Planning 9. 3.5 General 10. CHAPTER 4 PROVISIONS IN THE GEELONG REGIONAL PLANNING SCHEME 4.1 Planning Scheme Maps 11. 4.2 Planning Scheme Ordinance 12. 4. 2.1 Machinery and General Administration 12. 4.2.2 Zoning Land Use and Development Controls 12. 4.2.3 Reservations 17. CHAPTER 5 ADMINISTRATION 5. 1 Implementational Procedure 19. 5.1. 1 Inspection of Deposited Planning Scheme 19. 5. 1.2 Lodgement of Objections 20. 5.1. 3 Issue of Town Planning Certificates 21. 5.1.4. Town Planning Applications 21. 5. 1. 5 Town Planning Appeals 22. 5.2 Amendments to the Deposited Planning Scheme 22 and.Interim Development Order · THE GEELONG REGIONAL PLANNING AUTHORITY 24. 1. GUIDE TO STATUTORY PLANNING IN THE GEELONG REGION 1. INTRODUCTION This booklet has been prepared by the Geelong Regional Planning AuthoritY to assist the public in understanding the objectives of the new Geelong Regional Planning Scheme; the basis of the provisions proposed; and the administrative procedures which are to be adopted in connection with its exhibition and immediate implementation. The Regional Authority has consulted closely with Councils constituting the Region in the drafting of the Scheme. This does not mean of course that concensus has been reached on all matters, and nor does it mean that the Authority is adamant that the proposals now placed before the publi.c for scrutiny and comment are to be steadfastly adhered to in the future. The stage in Planning Scheme preparation now reached is one where agreement has been given for the draft proposals to be publicly exhibited. All members of the community now have the opportunity to examine these proposals; determine the effect which they will have on. their interests; and comment or object as they see fit. · Unforseen anomalies, matters of disagreement in principle or failure of specific provisions to achieve their underlying objectives will no doubt emerge. These will be dealt with as expeditiously as possible, and opportunity will be given for personal representations to be made to the Authority by those persons affected or those who wish to make submissions. In addition to promoting the proper use of land by defining preferred land use types for specific zones, the new Scheme also provides a wide range of discretionary powers in relation to other uses, and development standards (i.e. conditions of use) which may be appropriate to particular areas. This will enable more flexible, and albeit, more positive planning control to be exercised within the Region. To enable the introduction of the new Planning Scheme proposals without further delay, the Regional Authority has made an Interim Development Order which incorporates the provisions of the Exhibited Planning Scheme. This Order has a similar effect to that of the Scheme, if it were approved, and through the process of Delegation, will allow the fullest opportunity" for local decision-making in the day-to-day planping process. 2. To avoid conflicts in planning control and the resulting confusion and inconvenience caused by overlapping planning controls, steps have been taken to have the old Schemes and Orders within the Region revoked in favour of the new Interim Development Order. Upon revocation, the Authority will delegate all powers for the implementation of the Order to local Councils. 3. 2. THE PLANNING PROCESS IN VICTORIA 2.1 Responsible Authorities Town Planning control within the State, and in the Geelong Region is made possible by the provisions of the Town and Country Planning Act 1961. The Act allows municipal Co~ncils to become "Responsible Authorities" for the purpose of preparing and implementing schemes and all of the municipalities within the Region have, for some years, undertaken planning control within their own areas. However, the Town and Country Planning Act was amended in 1968 to provide for the establishment of permanent Regional Planning Authorities.· These Authorities, to be financed on a shared basis by municipalities affected, and made up of Councillor representatives from the constituent municipalities, were empowered to prepare and implement Planning Schemes. Power was also given for a Regional Authority to delegate to Councils within the Regional Planning area any of its powers and · responsibilities for the preparation and implementation of regional planning scheme ·proposals. The Geelong Regional Planning Authority was therefore formed in 1969, having a Planning Area which encompassed not only the Geelong urban district, but also its rural hinterland comprised of the whole of the Shires of Corio, Bannockburn, Barrabool, Bellarine, the City of South Barwon, and the Borough of Queenscl iffe. The Authority immediately commenced studies on land use capabilities, transportation needs, and areas of varying environmental sensitivity within the Region. More recently the Authority has undertaken the preparation of the Geelong Regional Planning Scheme, which is now placed on public exhibition. 2.2 Interim Development Orders and Planning Schemes Urban and regional planning is concerned with the widest range of social, economic, environmental and land use planning questions. Many of these can be answered by the Planning Authority in community involvement and by direct representation to various levels of Government. Other planning questions however, can only be answered by use of the regulatory process of Law. Interim Development Orders and Planning Schemes fall into this latter category. Even though they are capable of achieving social and economic objectives, they are normally expressed as land use and development prescriptions, and 4. are in the form of zoning plans and ordinances. These controls, in addition to regulating land use and development, have the advantage of affording individual property owners a significant increase of protection against the establishment of inappropriate uses or developments near by. 2.2.1 Interim Development Orders· Experience has shown that most Planning Schemes are initiated to solve problems which are already in evidence, and as the period required for Planning Scheme preparation can span over a period of years, interim control is often necessary. This can prevent the worst kinds of speculative abuses of land, encourage the future use and development of lan'd in an orderly manner, and provide a means whereby new planning te·chniques can be evaluated before being incorporated into the final Scheme. .The Act therefore provides for Responsible Authorities to make Interim Development Orders following their Resolution to commence the preparation of a Planning Scheme. · These Orders do not have to be placed on public exhibition prior to their introduction, and have effect immediately upon being approved by the Governor-in-Council and published in the · Government Gazette. An Interim Development Order can take one of two basic forms, namely: (a) A simple statement to the effect that all use and development of land must conform to a Permit granted by the Responsible Authority (i.e. the 11 Blanket 11 type}. (b) A comprehensive series of controls represented by plans and an ordinance, which prescribe specific zones, reserves, land use and development controls. The latter cas~ is in fact in the general form of a Planning Scheme and is usually introducted following the public exhibition of a proposed scheme." The Inte.rim Development Order now made by the Geelong Regional Planning Authority is, in effect,in the form of a complete Scheme, and incor­ porates the entire provisions of the Geelong Regional Planning Scheme now on .public exhibition. Therefore land use and development proposals notin conformity to the new Geelong Regional Interim Development Order cannot be permitted by the Res pons i b1 e Authority and neither can · they be referred to the Town ·planning Appea 1s Tribuna 1 for determination. 5. Flexibility does exist however for Orders to be easily amended, and the Regional Authority intends to make full use of this facility to update the new Regional Interim Development Order in the light of objections lodged to the Exhibited Planning Scheme and of other planning studies which are being carried out as an on-going function of the Authority. 2.2.2 Planning Schemes Planning Schemes are usually in the form of a Map and Ordinance and similar to that of the more complex types of Interim Development Order described above. The provisions of Schemes have the force of Law and Responsible Authorities are unable to permit any proposals which are specifically prohibited under the Scheme. Again, where discretionary powers are · established and permits are required for specific land use and development proposals, Responsible Authorities may adopt policies as a guide. As in the case of Interim Development Orders however, all decisions takenin accordance with adopted policies are still open to Appeal. Local flats codes are normally embodied in policies of this type, and as in the manner of the past, extensive rel nee will be placed on policy-making under the new Geelong Regional Planning Scheme. The procedure laid down for gaining approval to a Planning Scheme is prolonged and time-consuming.· It does however provide important safeguards for public evaluation of the proposals, and independent assessment (both of the proposals and objections lodged by the public) by the Town and Country Planning Board and the Minister for Planning.