We’ve spent the last few weeks talking about planning.
But a key – yet simple – question is: when do you need a planning permit? What is the process? And how do you object to something being built?
I’m not a planner, just an ordinary ratepayer, so I may miss some of the fine points, but this is my understanding of the general process.
Firstly, many buildings do not need a planning permit at all, just a building permit to certify the building complies with the relevant building regulations. These are often issued by private contractors, not the council. Many inspections during construction are carried out by licensed inspectors who also work for private companies.
This means council may have little to do with a standard build until the Certificate of Completion is issued, and hence council can little oversight over the project.
A planning permit – on the other hand – is required only if triggered by certain issues, such as requiring vegetation removal, a parking waiver, being over-height, or a sub-division.
This means many buildings will be erected without consideration of local character, which Island Voice considers to be a significant problem if we want to protect township character.
An application for a permit requires filling out a form and lodging it, with payment, at council. During the advertising phase planning applications are viewable on the council website.
After advertising, the application will normally be processed by council officers unless it is called in by the councillors, the project exceeds $3 million, or there are five or more objections lodged, when it will be decided at a council meeting.
The process
But how do you learn about a proposed development?
The notification process for affected neighbours appears to vary in different cases, which is confusing. In the past, notices had to be posted on the property, letters sent to affected neighbours, information placed in the press and made available from council.
Now neighbours are supposed to be informed by letter, although we have heard of people not receiving them.
Regarding posting notices on premises, I have been told of an incident where locals saw it was posted on a fence, photographed to prove it had been posted and then pulled down immediately. If you were not there at the right moment, then you would have missed it.
To object to a planning application then you can complete a form (on the Bass Coast Shire website) or email council detailing why the application affects you adversely. Objections will then be considered before an application is approved, approved with conditions, or rejected.
Planning officers will identify the reasons that an application has been refused, enabling a developer to modify their application and try again.
Now this is where the wheels can fall off and control of the project leaves council’s hands.
VCAT
Let’s say that after considering the objections, council rejected an application.
The developer can appeal to the Victorian Civil and Administrative Tribunal (VCAT) where council has to defend its decision.
The Tribunal may accept or reject the appeal but will base its decision upon documentation provided and the law, not how the community feels or whether the planned building is the best solution for the location.
This means the planning scheme is a very important document and the language used in the scheme is equally as important. A clearly written and tailored scheme should make it easier for planners to make decisions but will also affect how VCAT can respond.
We believe it is much easier to enforce guidelines that quantify factors such as density or maximum height.
The Surf Coast Planning Scheme, for instance, says “achieving a density of 15 dwellings per hectare”, whereas the Bass Coast Shire Planning Scheme states “encourage medium density residential development”.
And we would encourage council to shape the planning scheme using quantifiable factors. Notably, in the three cases that refer to density per hectare two of them refer to chickens and pigs. The other case applies to the initial application for a development.
As it is very expensive and time consuming to defend cases at VCAT, reducing the number of cases that are appealed makes a lot of sense and means that our rates can be spent on things that benefit the community.
I know where I’d rather see the money go.
Our last article in this series next week will be a summary of some of the things we think should be addressed in the upcoming planning scheme review.
