The Planning and Environment Amendment (Recognising Objectors) Act 2015 (amending Act)
The Act amends the Planning and Environment Act 1987 (PE Act) to require responsible authorities and the Victorian Civil and Administrative Tribunal (VCAT) to consider the number of objectors to a permit application in considering whether a proposed use or development may have a significant social effect. What is being amended? Sections 60 and 84B(2) of the PE Act are being amended to insert an additional decision-making consideration that responsible authorities and VCAT must have regard to. Section 60(1) sets out the matters that a responsible authority must consider before deciding on an application. These matters include the planning scheme, the objectives of the Act, all objections and any significant environmental, economic and social effects of the proposal. Section 84B sets out the matters that VCAT must take into account in determining an application for review. These include matters the responsible authority is required to consider under section 60 as well as a number of specified planning considerations. When do the amendments commence? They commence operation on 12 October 2015. Do transitional provisions apply? No, so if a responsible authority has not decided an application, or VCAT has not determined an application for review, before the commencement date, the new decision-making consideration applies. So what does this mean for Property Subdivision in simple terms? Keep the number of objectors low through compassionate and sensitive design! And if you don't you will end up with many objectors and you start all over again with a new Planning Application. Thats more lost productivity.
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