We often talk about different aspects of planning, but it can be confusing to see how it all fits together. So as part of our Let's Talk Planning series, we're taking a high-level look at the entire planning system and who is involved.
The Victorian Government - the 'owners'
The Victorian Government owns the Victorian planning system and is the final decision-maker. It is responsible for:
- How the planning system works (through the Planning and Environment Act)
- What is included in the Victorian Planning Provisions and Bayside Planning Scheme (the 'rulebook')
- How and where population growth will be accommodated in Victoria (through Plan Melbourne).
The Department of Transport and Planning is the area within the public service that supports and advises the Government to do this. The Minister for Planning is the final decision-maker on any new planning rules (amendments to the Victorian Planning Provisions and Bayside Planning Scheme), and ultimate final decision-maker on any proposed development. The Minister can also delegate decision-making power to senior people within their Department.
Bayside City Council - the local 'implementors'
We are the interface between the Victorian Government's planning system and the local community. We are responsible for:
- Putting plans in place to accommodate its share of Victoria's population growth (as set by the Victorian Government)
- Tailoring the planning rules to the unique local circumstances of Bayside (by proposing changes to the Bayside Planning Scheme)
- Making sure that local development follows the planning rulebook (through the Planning Permit process).
Council must operate within the system, rulebook and direction set by the Victorian Government, and at the same time work to protect the liveability of the local area and represent the needs of the local community.
Within the direction set by the Victorian Government, Council may propose changes to the local planning rules. If there are any objections to the proposed changes, they are considered by an independent adjudicator known as a Planning Panel who makes recommendations to Council and the Minister for Planning. Ultimately, the Minister for Planning must approve any changes to the local planning rules.
Council also decides on local planning permit applications (however is not the final decision-maker if the decision is challenged - this is VCAT). Under Council's delegations, officers can make decisions on certain planning applications and others are determined by the Planning and Amenity Delegated Committee, which comprises all elected Councillors. Individual Councillors cannot make decisions on planning applications.
Victorian Civil and Administrative Tribunal (VCAT) - the 'independent umpire'
VCAT is an independent tribunal set up to resolve disputes in Victoria, including planning disputes. It is responsible for hearing and deciding cases objectively and fairly according to the law (the system, processes and rulebook set by the State Government).
If an applicant or objector is unhappy with a planning decision made by Council, or Council takes too long to decide (more than 60 days), they can request an independent review by VCAT. VCAT's decision overrules a decision of Council.
Landowners - the 'applicants'
Landowners propose changes to the way land is used. This can range from whole precincts (with multiple parcels of land) to individual properties. They must apply for permission for their proposed changes, following the system (the planning permit process) and the rulebook (the planning scheme). In many cases, planning consultants help them do this.
Community - the 'influencers'
Community members play an important role to make sure that the unique attributes of local neighbourhoods, and the liveability of communities and individual properties, are considered. They can provide input in two ways:
- to how the planning rulebook is tailored to the local area (the Bayside Planning Scheme) and
- to how it is applied (through the planning permit process).
What the community can influence, and the way to go about it, is set by the State Government (the planning system) but implemented primarily by Bayside City Council.
Together, these different organisations and groups work together to manage our planning system.
