5. Choosing and applying provisions

5.1 Applying a zone

The zone is the primary tool for guiding the use and development of land. All land (except Commonwealth land) must be included in a zone. The application of a zone to land needs to carefully consider the outcomes sought for the land expressed in the MPS and local planning policies.

Before deciding which zone should be applied to land, consider:

• the land, including any particular physical characteristics, previous uses and the use and development of adjoining land, its ownership and management and the requirements of any other legislation that may apply to the land
• the intended planning outcomes for the land set out in the MPS and the PPF, as a consequence of a previous or current land use, or a particular physical characteristic of the land
• the purposes and provisions of the zone and the extent of local variation available in a schedule to the zone.

5.1.1 Public land

The Ministerial Direction The Form and Content of Planning Schemes specifies that a planning scheme may only include land in a public land zone if the land is Crown land or is owned, vested in or controlled by a Minister, government department, public authority or a municipal council.

Public land zones are not intended to identify the legal status of the land or indicate the existing land use. They are intended to set out appropriate statutory requirements that apply to the use and development of the land in addition to the relevant land management legislation.

Land should not be automatically included in a public land zone just because it is public land. There will be situations where a public land zone is not the most appropriate zone, such as a road or remnant parcel of public land in a rural area. In such cases the use of other zones and overlays can appropriately recognise the purpose for which the land is reserved.

A public land zone can be applied to public land where the surrounding zoning is inappropriate or where there is a special reason to separately identify the public land for planning purposes. This will commonly be where land management arrangements apply under legislation other than the Act.

A useful test in considering if a public land zone is appropriate is to determine if a public land manager or transport manager needs some level of flexibility, protection or exemption that is different from the surrounding zone provisions because of the special nature of the public land or asset and its control (in a land use or management sense) under another Act. For this reason, public land zones should be applied in consultation with the relevant public land manager or transport manager.

A public land manager or transport manager should be able to use and develop public land for any purpose under the relevant land management or transport legislation without the need for a permit. This is achieved by allowing many uses to be Section 1 within a public land zone, subject to the use being conducted by or on behalf of the public land manager, transport manager or a specified public authority. These words should not be interpreted to allow a public land manager or transport manager to have a blanket exemption within the zone to the extent that it could consent to any use or development by another party and have that use or development also automatically exempt from planning control.

The words by or on behalf of should be interpreted with regard to the particular statutory charter of the public land manager under its governing legislation and indicate that the use or development must be undertaken by the public land manager or transport manager itself or by some other person or entity having a direct representative interest or relationship with the public land manager.

Land that is not public land must not be included in a public land zone. Many public authorities established under Victorian legislation are government business enterprises that are commercial in nature. Where the public land use is essentially of a commercial or business nature (such as an office or the provision of services) or comprises a community facility, the surrounding zoning will usually be appropriate.

For example:

• Although the public land zone makes provision for its potential application to public land used for the purpose of ‘education’, most schools can be included in the surrounding zone, particularly residential zones.
• Many works depots or offices for government or local government bodies can be included in a commercial or industrial zone.
• To preserve competitive neutrality, similar private and public land use should be treated in the same manner for zoning purposes where possible.

5.1.2 Special purpose zones

Where the strategic intent of a site is unknown or the application of a combination of zones, overlays and local polices is not able to achieve the desired planning outcomes, a special purpose zone may be used. These zones include the Special Use Zone, the Comprehensive Development Zone, the Urban Growth Zone and the Activity Centre Zone.

Maintaining consistency of planning controls across Victoria is a VPP principle. Using a special purpose zone is therefore discouraged unless there is clearly no suitable alternative.

See PPN 03 Applying the Special Use Zone for more information on the Special Use Zone.

See Chapter 5.6 for information about dealing with site specific matters.

5.1.3 Utility service providers

Land that is owned by or vested in a utility service provider is usually not public land and should not be included in a public land zone. A utility service provider is defined in the planning scheme.

The public land zones are not intended to provide for privatised or semi-privatised bodies that carry out a function of a broadly public nature. Examples include telecommunications carriers such as Telstra and electricity distribution companies. The land used by such bodies should not be included in a public land zone.

5.1.4 Commonwealth land

Victoria’s planning schemes do not apply to Commonwealth land where the land is owned by the Commonwealth or the use is carried on by a Commonwealth government agency within the shield of the Crown. This immunity applies to Commonwealth government departments, defence facilities and several public authorities established under Commonwealth legislation, but does not apply to government business enterprises such as Telstra.

Commonwealth land is not included in any zone or overlay in a planning scheme. It is recognised by the designation “CA” on the planning scheme map.

5.1.5 Flood protection

The planning authority can choose from a range of tools to identify flood affected land in the planning scheme. There are four types of flood provisions available; the Urban Floodway Zone, the Floodway Overlay, the Land Subject to Inundation Overlay and the Special Building Overlay. These reflect the type of flooding and the potential level of risk to life and property. The level of planning control in each provision reflects the potential flood risk.

The Urban Floodway Zone is a restrictive zone that prohibits most uses and development. It is designed to be applied to urban environments where there is a high potential flood risk and only low intensity uses and development (such as recreation) are suitable.

See Chapter 5.2.4 for information on overlays for flood protection.

See PPN 12 Applying the Flood Provisions in Planning Schemes for more information.

5.1.6 Rural land

The Farming Zone, Rural Activity Zone, Green Wedge Zone and Green Wedge A Zone should be used where the planning outcomes sought for the land are primarily farming activities.

The Rural Conservation Zone and Rural Living Zone should be used where farming is subordinate to other land uses or the environmental values of the land.

In determining the most appropriate zone to apply to rural land, the planning authority must consider the degree to which it is acceptable for the land to be used for non-farming activities.

See PPN 42 Applying the Rural Zones for more information.

5.1.7 Transport Zone

The Transport Zone identifies land for Victoria’s transport system. State-managed transport infrastructure is designated Transport Zone 1. A road declared under the Road Management Act 2004 is designated Transport Zone 2 and significant municipal roads are designated Transport Zone 3. Other transport infrastructure is designated Transport Zone 4. Examples are set out in Table 2 below.

Table 2 – Transport Zone designations

5.2 Applying an overlay

An overlay can be used to complement the zoning of land in managing development. Certain overlays also control the use of land in special circumstances. Applying an overlay to land requires careful consideration of the development outcomes sought for the land. These outcomes should be determined by the policies of the MPS and the PPF and any particular characteristic of the land.

In determining whether to apply an overlay, consider:

• the land, including, natural features, previous uses, future uses, adjoining uses, ownership, management and the requirements of any other legislation that may apply to the land
• the intended development outcomes set out in the MPS and the PPF, as a consequence of a previous or current land use, or a particular physical characteristic of the land
• the purposes and provisions of the overlay and the extent of local variation available in any schedule to the overlay.

5.2.1 Overlays on public land

The decision about whether to apply an overlay to public land will depend on the nature of the overlay and the land management legislation of the public land manager or transport manager. For example, a Vegetation Protection Overlay over a state forest duplicates the function of the public land manager. However, a Vegetation Protection Overlay may sometimes be appropriate over significant vegetation on road or railway land (where the core business is not the management of the vegetation).

Like the application of any overlay, there must be specific justification for the additional requirement. Appropriate provision should be made for the routine operations of the public use, such as exemption for regular maintenance.

5.2.2 Heritage

A heritage place should be included in the schedule to the Heritage Overlay. A heritage place may include a single object or an area and includes a place:

• listed on the Australian Heritage Council’s (now closed) Register of the National Estate
• referred by the Heritage Council for consideration for an amendment to the planning scheme
• identified in a local heritage study, provided the significance of the place can be shown to justify the application of the overlay.

Places listed on the former Register of the National Estate or on the National Trust Heritage Register of the National Trust of Australia (Victoria) do not have statutory protection unless they are protected in the planning scheme.

The heritage process leading to the identification of a place must clearly justify the significance of the place as a basis for its inclusion in the Heritage Overlay. The documentation for each place must therefore include a statement of significance that clearly establishes the importance of the place and addresses the heritage criteria. See Chapter 6.5.8 for information on statements of significance in the Heritage Overlay. This statement must be included as an incorporated document in the planning scheme.

5.2.3 Vegetation protection

Overlays are the principal tools in the VPP to protect vegetation in urban environments.

The native vegetation provisions of Clause 52.17 may assist in protecting remnant native vegetation; however, this provision is primarily designed to prevent broad-scale clearing of native vegetation, so will have limited applicability in urban areas with lot sizes under 0.4 hectares.

The VPP includes four overlays that can be used to protect and manage vegetation in urban areas: the Vegetation Protection Overlay, the Environmental Significance Overlay, the Significant Landscape Overlay and the Heritage Overlay. Each overlay includes a schedule that is used to specify how the overlay applies to land within a particular municipality.

Choosing the correct overlay is important and the principles used should be applied consistently through the planning scheme. The following matters should be considered when choosing an overlay to protect vegetation:

• What is to be protected (an individual tree or group of trees, an area of habitat)?
• Why is it being protected (heritage, scientific, cultural, landscape or habitat value)?
• How should it be protected (protection of the root zone, requirements about buildings and works, subdivision)?
• What other requirements apply to the land and are there any gaps (zone provisions, other overlays, native vegetation provisions)?

The overlay selected should accurately reflect the identified objectives so that there is transparency in the application of planning policy and requirements. This may involve weighing up various reasons for protecting the vegetation. For example, the principal reason for a tree’s significance may be its cultural value rather than its habitat value.

If a tree is of Aboriginal significance or contributes to the setting of an historic building, the Heritage Overlay may be more appropriate than the Vegetation Protection Overlay.

The overlay should also include appropriate requirements to achieve the planning objective. In urban situations, buildings and works can have a significant impact on vegetation, including intruding on the root zone. In these cases, an overlay that provides requirements for buildings and works may be chosen. If the root zone is to be protected, the schedule may only require a permit for buildings and works within a certain distance from the vegetation.

The Design and Development Overlay is not a tool to protect vegetation. The schedule to this overlay may, however, contain specific landscaping requirements to ensure that a new development is respectful of the landscape character of the neighbourhood.

See PPN 7 Vegetation Protection in Urban Areas for more information.

5.2.4 Flood protection

There are four flood provisions available; the Urban Floodway Zone, the Floodway Overlay, the Land Subject to Inundation Overlay and the Special Building Overlay. These four provisions are designed to respond to differences in the type of flooding and the potential level of risk to life and property.

The flood provisions do not address the cause of flooding, but the way future land use and development will impact on the flooding problem or be impacted themselves by flooding. The cause needs to be dealt with by separate means. This may include other actions by council and the floodplain management authority, such as flood mitigation measures, that may be linked to a council plan or a floodplain management strategy.

5.2.5 Potentially contaminated land

In accordance with Ministerial Direction No. 1 Potentially Contaminated Land (Direction No.1), where a planning authority determines that the requirements of a preliminary risk screen assessment (PRSA) statement or environmental audit statement are difficult or inappropriate it may defer these requirements, provided the requirements are included in the amendment through the application of an Environmental Audit Overlay or other appropriate measure.

The Environmental Audit Overlay (EAO) is intended to ensure the requirement for a PRSA or an environmental audit under Direction No. 1 is met before the commencement of a sensitive use or any buildings and works associated with that use. This ensures the requirement will be met in the future, but does not prevent the assessment and approval of a planning scheme amendment.

By applying the overlay, the planning authority has made an assessment that the land is potentially contaminated land and is unlikely to be suitable for a sensitive use without more detailed assessment, remediation works or management. The steps set out in PPN30 Potentially Contaminated Land should be used to make this assessment.

Applying the overlay also means that the planning authority has decided the requirements of Direction No. 1 may be deferred. The EAO is a statutory mechanism to provide for that deferment. The EAO is not simply a means of identifying land that is or might be contaminated and should not be used for that purpose. Previous zoning is not a sufficient reason in itself to apply the EAO.

Planning authorities should be careful in applying the EAO. The majority of buildings and works associated with a sensitive use may trigger the need to undertake an environmental audit. These costly requirements are passed on to individual land owners long after the application of the overlay.

Where sensitive uses already exist on a site the planning authority, before applying an EAO, should satisfy itself that these sites are potentially contaminated (through site history records). If there is no evidence of potentially contaminated land it may not be appropriate to apply the EAO to these sites.

5.2.6 Buffers

The Buffer Area Overlay (BAO) can be used to prevent future encroachment and intensification of incompatible use and development within the buffer areas of industry, warehouse, infrastructure or other uses with potential off-site impacts. Criteria must be met and information about off-site impacts must be provided to apply the BAO. Further guidance about applying the BAO is available in PPN 92 Managing Buffers for Land Use Compatibility.

5.3 Using VicSmart

5.3.1 How VicSmart works

VicSmart is a streamlined permit application process. VicSmart only affects the assessment procedure and has no effect on any permit requirement. Where a proposed development is assessable against only a VicSmart permit requirement, it must be assessed under the VicSmart process, which is set out at Clause 71.06.

Where the VicSmart process is available for a class of application, it will be identified in a table (see Diagram 5) located directly below the permit requirement in the zone, overlay or particular provision. Local VicSmart classes are located in a table in a schedule to Clause 59.15.

The VicSmart table describes the development that is a VicSmart application and identifies the provision under which the application must be assessed. For a local VicSmart application, this information is located in the schedule to Clause 59.15.

The information requirements and decision guidelines for all VicSmart application classes are located at Clause 59.

5.3.2 Creating a local VicSmart provision

Any provision of a planning scheme can specify classes of application that can be assessed through the VicSmart process. A planning authority can include local VicSmart classes in a planning scheme in addition to the state VicSmart classes that apply to all planning schemes across Victoria.

Local VicSmart classes are set out in the schedule to Clause 59.15.

A local VicSmart class can include a permit requirement that relates to a state VicSmart class. While a local VicSmart class may apply to the same permit requirement as a state VicSmart class, it cannot operate to fetter a state VicSmart class.

In deciding whether to create a local VicSmart class, consider:

• That a change of use application is generally not suitable for the VicSmart process.
• The proposed class should be capable of being received, reviewed and determined in 10 business days in almost all cases.
• The proposed class should only require a small number of discrete issues to be considered, with little to no policy balancing.
• Where an external referral authority is required to give comment under Clause 66, this should be able to be obtained before lodgement without the assistance of the responsible authority.
• Where internal comment is required, it should involve no more than one or two basic matters.
• The information required for the proposed class should be simple to prepare.
• The proposed class should not involve matters that would typically require third party notice.
• Whether the proposed class would be more suitable for a permit exemption.

5.3.3 Drafting a local VicSmart table

The tables to the schedule to Clause 59.15 are used to set out the provisions for any local VicSmart class.

The zone, overlay or particular provision

A VicSmart class can include a permit requirement from a single zone, overlay or particular provision, or a class of zones or overlays.

Care should be taken when selecting a class of zones or overlays, as the planning controls within the class will differ in their purposes. Not all zones or overlays will be suitable for the VicSmart process.

The class of application

The class of application must be clearly drafted so a user can easily determine if an application is subject to the VicSmart process.

The class of application should not rely on extensive conditions that need a detailed assessment of the application to decide the appropriate assessment pathway before the application is lodged.

The class of application must be based on an existing application type found in a zone, overlay or particular provision. For example, “to construct a building or construct or carry out works”.

The application type can be further refined to a particular development type. For example, “to construct a building or construct or carry out works with an estimated cost of up to $500,000”.

Conditions can also be specified to narrow the class of application to only particular situations or if certain requirements are met.

Permit requirement

The permit requirement must specify the clause to which the class of application relates.

The clause the VicSmart class applies to must be set out followed by the abbreviation of the planning control. For example: “Clause 32.05-9 (TZ)”.

Where a class applies to more than one provision, all provisions that apply to the class must be specified individually.

Information requirements and decision guidelines

Clause 59 includes state-standard information requirements and decision guidelines for various classes of application.

Where a local VicSmart class is created for a permit requirement that is already subject to a state VicSmart class, the planning authority may choose to use the existing information requirements and decision guidelines provision for that class at clauses 59.01 to 59.14.

Tailored local information requirements and decision guidelines can be specified in the schedule to Clause 59.16.

The tables to the schedule to Clause 59.16 are used to switch on any local or state VicSmart information requirements and decision guidelines by specifying the relevant clause in column 4.

5.3.4 Drafting a local VicSmart information requirement or decision guideline

Clause 71.06 specifies that a VicSmart application must be assessed only against the information requirements and decision guidelines specified for that class of VicSmart application.

Heading

The heading is a short description of the VicSmart class to which the provision applies. It will generally consist of the application type and the planning control to which the class applies. For example, “Licensed premises in commercial zones”.

Information requirements

Any information requirements should be targeted to assist the decision-maker’s assessment of the application. Any information requirement must be specific to the nature of the application and not go beyond the scope of the application. Information that does not reasonably assist a referral body in commenting on the application, or a decision-maker in deciding the application, should not be required.

The information requirements should be determined concurrently with the decision guidelines and reflect the nature and complexity of the application.

The information requirements must always include: ‘A copy of title for the subject land and a copy of any registered restrictive covenant’.

Decision guidelines

Decision guidelines, objectives or other matters in a zone, overlay, particular provision, schedule or policy relevant to the class of application must be restated or referenced in the provision if they are to be considered as part of the application.

References to other provisions should be used with restraint to ensure the scope of assessment does not go beyond that appropriate for the VicSmart process.

Decision guidelines should be neutrally expressed and require a decision-maker to consider something. They should not be framed in terms that direct the decision-maker to consider a matter in a particular way.

Decision guidelines must not include informal referral requirements. Only referral comments required under section 55 of the Act may be included as a decision guideline.

References to local policies and unincorporated studies, statements of significance or strategies should generally be avoided as they may unintentionally broaden the scope of matters for consideration.

5.4 Managing referral and notice requirements

The Act provides that a planning scheme can require that persons or bodies be given copies or notice of an application:

• Section 55 requires that a responsible authority give a copy of an application to every person or body that the planning scheme specifies as a referral authority for that kind of application.
• Section 52(1)(c) requires the responsible authority to give notice of an application to any person specified in the planning scheme.

Clause 66 identifies the type of referral authority for each kind of application that must be referred and the persons and bodies that must be given notice of particular kinds of applications under state standard provisions. This clause also enables a responsible authority to specify a referral authority and persons and bodies that must be given notice for a particular kind of application under a local provision.

5.4.1 Specify standard conditions and requirements in the planning scheme

To avoid unnecessary referrals and delays, responsible authorities and referral authorities should consider including appropriately drafted standard conditions and requirements in the planning scheme. If a referral authority’s standard permit conditions can be applied across all planning schemes then they should be included in a state standard provision. Otherwise, the relevant provision may enable permit conditions to be included in a local schedule. Section 62(1)(a) of the Act requires the responsible authority to include in a permit any condition that the planning scheme requires to be included.

Some planning scheme provisions also enable application requirements to be included in a local schedule. If a referral authority routinely requests specific information about particular kinds of applications, this information should be included as a standard application requirement in the schedule. Under section 47(1)(c) of the Act, an application must be accompanied by information required by the scheme.

It may also be possible to incorporate a referral authority’s requirements into the description of the kind of application that must be referred. For example, if the referral authority is only interested in development applications within 30 metres of a waterway, this requirement could be included in the referral provision so that applications outside this distance do not need to be referred.

5.4.2 Change from a determining referral authority to a recommending referral authority

Some existing determining referral authorities may provide specialist or technical advice to the responsible authority that:

• assists the responsible authority in making an informed decision on an application but does not need to direct the outcome of the application
• needs to be balanced against other scheme requirements to achieve a net community benefit or produce acceptable state and local policy outcomes.

In these circumstances, consider whether the status of the referral authority should be changed from a determining referral authority to a recommending referral authority. A planning scheme amendment will be required to make this change.

5.4.3 Give notice rather than require referral

Consider whether giving notice of the application under section 52(1)(c) of the Act would meet the referral authority’s requirements instead of referring the application under section 55. If the referral authority needs to be made aware of an application but does not need to always receive a copy of the application or direct the outcome of the application, a section 52(1)(c) notice may be appropriate.

5.4.4 When should a section 55 referral requirement be included in a planning scheme?

A new section 55 referral should only be introduced where either:

• the decision of the referral authority must direct the outcome of the application (a determining referral authority)
• the referral authority’s specialist or technical advice is necessary for the responsible authority to properly assess and decide the application, but does not need to direct the outcome (a recommending referral authority).

A section 55 referral may be appropriate where a particular type of use or development requires case by case consideration by the referral authority to ensure that:

• implementation of a State Government policy or program is not adversely impacted, for example, the protection and management of Victoria’s biodiversity or natural resources
• relevant specialist and technical advice is made available to the responsible authority
• proposed use or development will satisfy criteria or standards in other applicable legislation or regulations
• public assets, for example infrastructure, public open space or waterways, are protected.

Before introducing a new referral requirement, planning authorities and potential referral authorities should consider the following questions:

• What are the reasons for the referral? How do they relate to the purpose of the planning scheme provision that triggers the application?
• Should the decision of the referral authority direct the outcome of the application or should it be advisory only?
• Does the referral authority have resources and processes in place to ensure timely and effective advice, and to comply with the duties and requirements of the Act and Regulations?
• Will a referral provide a simple and effective means of implementing the referral authority’s objectives? Would other mechanisms, for example, a notice requirement under section 52(1)(c) of the Act, be more effective?
• Can standard conditions and requirements be specified in an agreement between the referral authority and the responsible authority or in the planning scheme to avoid unnecessary referrals and delays?
• Can the description in the planning scheme of the kind of application that must be referred be drafted to avoid unnecessary referrals?

A referral authority should not be specified in the planning scheme simply because they may be useful in assessing certain types of applications or be used as a substitute for the responsible authority’s own assessment of the application or if the existing powers of the authority under other legislation are duplicated through planning.

An amendment to a planning scheme to specify a person or body as a referral authority should only be prepared with the agreement of that person of body.

5.4.5 When should a section 52 notice requirement be included in a planning scheme?

A section 52 notice requirement should be used when the comments or advice of the person or body may influence the outcome of the application, but the circumstances do not warrant:

• that person or body receiving a copy of the application and prescribed information
• their comments or advice directing the outcome of the application.

Unlike a section 55 referral, under section 52(1)(c) only notice of the application is required to be given, not a copy of the application. Before including a new notice requirement, the responsible authority and the person or body to whom notice will be given may agree on additional information from the application that will accompany the notice. Otherwise, it is the responsibility of the person or body given the notice to view the application at the offices of the responsible authority.

Before introducing a new notice requirement, responsible authorities and the person or body that will be given the notice should consider the following questions:

• What are the reasons for the giving of notice?
• Why would the person or body have a special interest in that kind of application?
• Should additional information about the application accompany the notice?
• Does the person or body have adequate resources and processes in place to respond to a notice?
• How can the description of the kind of application that the new notice requirement will apply to be drafted so as to avoid giving unnecessary notice?

See PPN 54 Managing Referrals and Notice Requirements for more information.

5.5 Creating a schedule to a general or administrative provision

The schedules to the provisions of Clause 72 are primarily determined by the Ministerial Direction The Form and Content of Planning Schemes. However, they do contain some elements that must be modified by the planning authority.

5.5.1 Clause 72.01 – Responsible authority for this planning scheme

The schedule to Clause 72.01 determines who is the responsible authority for the various functions and duties of the planning scheme.

Responsible authority for administering and enforcing this planning scheme

The responsible authority will generally be the municipal council for the area covered by the planning scheme. The following wording should be used:

Responsible authority for administering and enforcing a provision of this planning scheme

The planning scheme may specify a different responsible authority to the municipal council for a particular area of land or a provision in the scheme. Most commonly, the planning authority will specify that the Minister for Planning will be the responsible authority for a particular area or provision. The wording for determining an alternate responsible authority is:

It is not necessary to specify the various provisions of the Act or the powers the Minister for Planning may exercise as responsible authority unless those powers are not to be general in nature.

Person or responsible authority for issuing planning certificates

This will be the Minister for Planning or the responsible authority.

Responsible authority for VicSmart applications

This should usually be the Chief Executive Officer of the council, and expressed as follows:

5.5.2 Clause 72.02 – What area is covered by this planning scheme?

Area covered by this planning scheme:

This provision should use the following words:

5.5.3 Clause 72.03 – What does this planning scheme consist of?

Maps comprising part of this planning scheme:

This provision lists the zone and overlay maps that comprise the scheme. Each map that comprises part of the scheme is listed in a bullet point in the schedule to this clause. The overlays contained within that map are specified in an abbreviated form with the corresponding map number, as shown in the following example:

5.5.4 Clause 72.04 – Incorporated documents

State incorporated documents are specified in Clause 72.04. Any local documents incorporated in the scheme must be listed in the table in the schedule to Clause 72.04, in the format set out in the Ministerial Direction The Form and Content of Planning Schemes.

5.5.5 Clause 72.05 – When did this planning scheme begin?

Specify the date the scheme began in the following format:

5.5.6 Clause 72.08 – Background documents

See Chapter 6.8 for information about using a background document.

5.5.7 Clause 74.01 – Application of zones, overlays and provisions

Clause 74.01 is used to provide a snapshot statement of how and why a requirement has been applied in a planning scheme.

Relevant zone, overlay and other requirement-based provisions are listed in sequence with the VPP and a short context statement is added for each provision.

The information in the schedule should give context to the relationship between the policies and requirements in the planning scheme.

5.5.8 Clause 74.02 – Further strategic work

Further strategic work should be a concise list of work the council intends to undertake before the next planning scheme review under section 12(B) of the Act (occuring on a 4 yearly cycle) and be set out in the schedule to this clause. The work must have a land use and development focus and must relate to matters that can be implemented through a planning scheme.

A responsible authority must not take this clause into account when making a decision.

5.6 Considering a site specific provision

There are three methods of dealing with site specific proposals or requirements in a planning scheme.

Method 1: Apply a special use zone

One of the special use zones may be used with an appropriate schedule. Generally, this method should only be used where a proposal is not discretionary in the zone that would otherwise apply to the land.

Method 2: Use the combined amendment/permit process to rezone the land to a suitable zone and issue a permit at the same time

If the land can be rezoned to an appropriate zone in which the proposal would be discretionary, the combined amendment/permit process can be used to rezone the land and issue a permit at the same time. Using this process avoids the need for two rounds of public consultation, allows the proposal to be considered in one process and maintains the permit as the instrument of development approval. More detail about this process is included in Using Victoria's Planning System.

Method 3: Include the proposal in a Specific Controls Overlay

Under extraordinary circumstances and if none of the above methods is appropriate, a proposal can be included in the Specific Controls Overlay under Clause 45.12.

Some earlier site specific controls are included in the table to the schedule to Clause 51.01 (Specific sites and exclusions). However, this method is redundant and the Specific Controls Overlay must now be used.

Clause 45.12 should only be used for exceptional cases or to achieve a particular land use and development outcome that is consistent with a major issue of policy and is necessary to achieve or develop the planning objectives of Victoria.

Page last updated: 14/06/23