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Client Update: Fast tracking planning approval in Victoria

18 February 2009

In brief: The Victorian Government has announced its intention to fast-track development projects and introduce new major projects legislation as part of its agenda for 2009. Partners Chris Schulz (view CV), Paul Lalich (view CV) and Bill McCredie (view CV) and Senior Associate Emily Gerrard look at recently announced reform initiatives for planning and environmental approvals in Victoria.

On Tuesday 3 February, the first sitting day of the Victorian Parliament for 2009, Premier John Brumby outlined the Victorian Government's intentions for 2009. Initiatives and priorities include policy and legislative reform to fast track development permits and approvals and streamline the assessment of major transport projects.

The Premier revealed a priority focus on identifying key projects to fast track using existing powers of the Minister to 'call in' applications or alter assessment processes1. The Victorian Government proposes to undertake an audit of projects pending planning approval and identify new projects where the Minister for Planning may intervene and determine applications, streamline assessment by removing or limiting exhibition or notice requirements, or consult early with councils and proponents to achieve faster approvals.

In addition, the Government outlined plans to deliver major projects set out in the Victorian Transport Plan, released at the end of 2008. The Government's agenda includes the introduction of new legislation, in particular the Transport Integration Bill and the Major Transport Projects Facilitation Bill.2 The proposed Transport Integration Bill is intended to create a framework for transport policy and legislation in Victoria and direction for decisions in key areas that impact on transport, including planning and local government.

The proposed Major Transport Projects Facilitation Bill is intended to enable more rapid delivery of major transport projects by creating a separate assessment and approval regime for major transport projects and reducing duplication of the approval processes.

These recent announcements about the Government's agenda for 2009 flag the increased use of existing powers under the Planning and Environment Act 1987 (Vic) in the short term, and a strong commitment to streamlining assessment processes and creating specific 'fast track' legislation for major transport projects in 2009.

These developments follow other recent reform initiatives for planning and environmental assessment processes in Victoria, including:

  • creating Development Assessment Committees to make planning permit decisions for areas and matters of metropolitan significance (as part of the Government's response to the Melbourne 2030 audit);
  • reforming Victoria's planning system and a review of the Planning and Environment Act 1987; and
  • creating a longer-term accreditation of Victoria's environmental assessment process through a bilateral agreement between the Commonwealth and Victoria under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). For more information see Allens Focus: Environment & Planning – October 2008.

The Government, however, will need to consider how it exercises existing and any new powers to fast track approvals or alter community participation in future planning processes, to ensure compliance with the Charter of Human Rights and Responsibilities Act 2006 (Vic).

Other states' attempts

The proposed amendments have a similar intent to those recently enacted in New South Wales. To date the provisions of Part 3A of the Environmental Planning and Assessment Act 1979 (NSW) have not resulted in a significant reduction in the assessment time for major projects. Whilst the reforms appeared promising, resourcing issues within the NSW Department of Planning have resulted in assessment periods similar to those experienced prior to the inception of the reforms. The NSW Government has recently further legislated to create the Planning Assessment Commission and various assessment panels which are designed to handle and potentially expedite the assessment of certain development projects. The effectiveness of these measures is yet to be tested.

Similarly, in the Queensland context, a reform agenda was released in August 2007 aimed, in part, at streamlining the development assessment process. The reforms will largely be implemented through the introduction of new planning legislation in 2009 to replace the existing Integrated Planning Act 1997 (Qld). Key recommendations in the reform agenda include the expansion of Ministerial 'call-in' powers on state interest grounds and the enhancement of the Minister's power to intervene in and alter the assessment process.

Existing coordination and streamlining procedures are available in Queensland for large infrastructure and other projects declared to be 'significant projects' by the Coordinator-General and also for those the Minister declares to be 'prescribed projects' under the State Development and Public Works Organisation Act 1971. Provisions allowing the creation of infrastructure easements have assisted in fast tracking recent regional water infrastructure.

Outcomes

It is difficult to make any assessment at this stage as to the potential success of this new policy in Victoria. As most planning regulations have developed in response to state issues, Victorian outcomes will depend to a geater degree on local constraints and stakeholders.

We will continue to monitor the rollout of this policy and if you have any questions or on this, or any other planning matter, please contact us (see below).

Further details are set out in the Victorian Government's 2009 Annual Statement of Government Intentions.

Footnotes
  1. Powers of the Minister for Planning to 'call in' and determine planning permit applications or exempt proposals from notice or exhibition requirements under the Planning and Environment Act 1987 (Vic).
  2. Victorian Government 2009 Annual Statement of Government Intentions; see also the Victorian Hansard, Premier Brumby 3 February 2009.

Published 18 February 2009

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