If you have ever been to the Department of Environment, Land, Water and Planning (DWELP) and asked questions, you would be well-aware that the native-animal department has almost no staff, that DWELP does not use the law to protect native animals, but prevents others from using it, due to legal lack of standing. At the same time, the Agriculture arm of DWELP enthusiastically issues permits to kill kangaroos and other native animals with almost no restriction or inspection, and quasi-imaginary
The Victorian Auditor General notes that Victoria's population grew from 5.5 million in 2011 to about 6 million in 2016, and is expected to reach10 million by 2051. That is in 34 years! Responding to this madness, the Auditor General has recommended the introduction of "a risk-based approach to development assessment processes and guidance materials, by developing clear, simple assessment pathways that ensure applications are progressed in a transparent way in proportion to the potential risk, impact and cost, and in accordance with community expectations reviewing efficiency indicators to support the application of a risk-based approach (see Section 2.2.2); [the strengthening] of accountability requirements for decisions by applying better-practice principles for discretionary decision-making and transparent public reporting, including publishing reasons for all planning decisions, and publishing advisory committee reports within three months of the committee handing its report to the Minister for Planning (see Sections 4.2 and 4.3.1). [It has also recommended working] with councils to complete the performance measurement framework for the planning system so that it provides the relevant information and data at the state and local levels to assess the effectiveness of the planning system, measure the achievement of planning policies and support continuous improvement of the planning system through monitoring the effectiveness of reforms (see Section 5.2)." Will this help Victorians and Australians to halt the environmentally dangerous and antisocial development push from growth lobby governments? This is an excellent and informative report that will be of use to anyone wanting to understand our current predicament and the relevant bits of the law. It includes the subject of loss of agricultural land and how so defined and a summary of the objectives of the Planning and Environment Act 1987, which have an ironic flavour under the present Victorian regime. [Emphases by candobetter.net editor.]
Assessments that were not comprehensive were inadequate due to a number of reasons:
- assessment against state planning policies is difficult due to the vague policy objectives and lack of measurable indicators
- gaps in statewide guidance on challenging planning issues, such as housing diversity and affordability
- no statewide guidance on what the Act's concepts of net community benefit, sustainable development and acceptable outcomes cover, and how they might be assessed in a way that is in proportion to the scale, complexity and risk of the planning proposal being considered
- limited consideration of potential adverse environmental, social and economic factors
- in-house assessment report templates that do not adequately reflect the requirements of the Act or the VPP for integrated decision-making.
Past reforms have had little impact on fixing other systemic problems impeding the effectiveness, efficiency and economy of planning schemes. As a result, many of the issues prevalent before the 1996 overhaul of the planning system have re-emerged: These include:
- vague and competing state planning policy objectives and strategies, with limited guidance for their implementation, which reduce the clarity of the planning system's direction in meeting state planning objectives
- a lack of specific guidance to address key planning challenges, such as social and affordable housing, climate change and environmentally sustainable development
- an overly complex system of planning controls in local planning schemes—councils add and amend policies and controls to try to provide clarity and certainty to their schemes in the absence of clear guidance at a state level
- DELWP's and councils' performance measurement frameworks being unable measure whether the objectives of the Act or state planning policies are being achieved
- lengthy delays in the processing of planning proposals, leading to set time frames not being met and unnecessary costs for applicants.
- These systemic weaknesses exist because of the poor uptake and implementation of review recommendations. This is due to:
-a lack of clear prioritisation, time frames, actions or resources to support the implementation of recommendations by planning departments or government
-a lack of continuity in reform processes and commitment to their implementation due to changes in government or government policy
-poor project governance and oversight, with frequent machinery-of-government changes to the planning department and its systems, and the absence of a good project management structure to oversee the implementation of recommendations.
As a result, the planning system is difficult to navigate and implement, and it places an unnecessary burden on local government, DELWP and applicants to administer and use.
The objectives of the Planning and Environment Act 1987
Planning objectives, section 4(1)
to
provide for the fair, orderly, economic and sustainable use, and development
of land
to
provide for the protection of natural and man-made resources and the maintenance
of ecological processes and genetic diversity
to
secure a pleasant, efficient and safe working, living and recreational
environment for all Victorians and visitors to Victoria
to
conserve and enhance those buildings, areas or other places which are of
scientific, aesthetic, architectural or historical interest, or otherwise of
special cultural value
to
protect public utilities and other assets and enable the orderly provision
and coordination of public utilities and other facilities for the benefit of
the community
to
facilitate development in accordance with the objectives set out in (a), (b),
(c), (d) and (e)
to
balance the present and future interests of all Victorians.
Planning framework or system
objectives, section 4(2)
to
ensure sound, strategic planning and coordinated action at state, regional
and municipal levels
to
establish a system of planning schemes based on municipal districts to be the
principal way of setting out objectives, policies and controls for the use,
development and protection of land
to
enable land use and development planning and policy to be easily integrated
with environmental, social, economic, conservation and resource management
policies at state, regional and municipal levels
to
ensure that the effects on the environment are considered and provide for
explicit consideration of social and economic effects when decisions are made
about the use and development of land
to
facilitate development which achieves the objectives of planning in Victoria
and planning objectives set up in planning schemes
to
provide for a single authority to issue permits for land use or development
and related matters, and to coordinate the issue of permits with related
approvals
to
encourage the achievement of planning objectives through positive actions by
responsible authorities and planning authorities
to
establish a clear procedure for amending planning schemes, with appropriate
public participation in decision-making
to
ensure that those affected by proposals for the use, development or
protection of land or changes in planning policy or requirements receive
appropriate notice
to
provide an accessible process for just and timely review of decisions without
unnecessary formality
to
provide for effective enforcement procedures to achieve compliance with
planning schemes, permits and agreements
to
provide for compensation when land is set aside for public purposes and in
other circumstances.
Source: VAGO, from the Planning and Environment Act 1987.
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