The legislative framework for land use and development planning in Victoria rarely stands still. A newly appointed Ministerial Advisory Committee has been given a rare opportunity to explore and make recommendations on the relationships between the Victoria’s planning system and infrastructure funding legislation.
On 14 May 2011 the Minister for Planning, Matthew Guy MLC, appointed a Ministerial Advisory Committee under the Planning and Environment Act 1987, comprising Victorian Planning and Environmental Law Association Board Member and Secretary Geoff Underwood as Chair, Catherine Heggen, David Keenan, Terry Montebello, past-President of VPELA Jane Nathan, and Leigh Phillips. The Committee is charged with a full suite of tasks directed to the Committee’s overarching purpose:
“… to provide advice on ways of improving the planning system including the legislative base, the structure of planning schemes including the structure of state and local policy provisions, as well as regulations under the Planning and Environment Act ...”
Submissions will be invited from the public, local government, the industry and related professions. A report, or at least a preliminary report, is to be submitted to the Minister by 30 November 2011.
The Committee can expect to receive submissions on the operation and effectiveness of a range of provisions under the Planning and Environment Act such as the development contributions system and the Growth Areas Infrastructure Contribution. These and other provisions for funding necessary public infrastructure as part of effective urban planning are under some stress.
The scope of the review, unexpectedly, may be wider. The Minister’s Terms of Reference provide a broader range of required tasks, beyond the purpose quoted above, including to “advise … on … regulations … under other relevant legislation”, without specification.
Previous legislative reviews limited to dealing with the Planning and Environment Act, Regulations and the Victoria Planning Provisions only, without regard to their interaction with market behaviour and fiscal policy settings, have in some cases produced more wheelspin than traction.
Noting such history, the Committee would be forgiven for reading its Terms of Reference widely. This would allow the Committee a deeper exploration of the effects of any proposed amendments to planning legislation and regulation on the regulatory, revenue-raising and service-provision activities of local government, Melbourne Water and the other statutory authorities providing infrastructure in metropolitan Melbourne and beyond.
Likewise, the review may potentially address the effect of revenue powers exercised by statutory authorities and local government on the operation of Victoria’s planning system and its outcomes. The Committee might consider looking at the impact of decisions under “other relevant legislation”, including, for example:
The revenue policies and decisions of statutory land-servicing authorities can buttress good planning policy. They can assist good planning policy to gain the traction required to provide good amenity for growing metropolitan and regional populations while moderating their environmental footprint. Conversely, those revenue policies can act as a drag on the progress of even the best-devised planning policy.
These are some of the issues that may bear upon the Committee. No doubt the many likely submitters – private citizens, industry, professions, statutory authorities, local government – will add dozens more, from as many perspectives.
The members of the Ministerial Advisory Committee have a comprehensive and significant task ahead.
Andrew Gunter is a Senior Associate at Garland Hawthorn Brahe Lawyers, practising in compulsory acquisition, valuation and compensation, local government and planning law. For further information phone Andrew on 9629 5551 or email agunter@ghb.com.au