What's in the assessment guideline?
The Clause 52.30 Assessment Guideline provides a framework for preparing and evaluating a proposed State Project.
This guide can be used by proponents and Department of Environment Land Water and Planning (DELWP) assessors to assist with the planning assessment and approval process.
An application submitted to DELWP should comprehensively inform the Minister for Planning about the project. It should ensure that all relevant information is provided about the background, context, requirements and approvals being sought.
The process comprises four steps:
Step 1 – Pre-application
Step 2 – Obtain State project status
Step 3 – Project application
Step 4 – Document approval
Assessment and approval timeframe
A decision will be generally reached within 6-8 weeks from application lodgement.
Note: This timeframe does not reflect the time taken for the applicant/proponent to provide any further information.
Assessment Guide process steps and timeframe (indicative)
Clause 52.30 Assessment Guide Process steps and checklist
This checklist may be used to prepare or review a Clause 52.30 application. See the Steps below.
Step 1 - Pre-application
Liaise with DELWP (State Facilitation)
1. Initial contact made:
- via the State Project Planning Facilitation contact us form
- by email to the State Projects team.
2. Establish a project discussion about the approval pathway requirements and consideration of project facilitation to assess the application and for the Minister for Planning to consider.
Be prepared to confirm State Project qualification concerning:
- Delivery of projects by or on behalf of, or jointly or in partnership with, or funded by the State of Victoria or a public authority, or on Crown land.
- Delivery proponent to demonstrate the projects ability to be delivered by (or have commenced construction before) 2025 - in support of Victoria’s economic recovery from the impact of the COVID-19 pandemic.
Provide high-level information such as:
- Proponent /Applicant department or agency (and the relevant contact details)
- Project name and address
- Project delivery method – is it public, private, or a public-private partnership
- Type of project – which may include a short description
- Current Stage of the project
- Why is the approval process proposed/required?
- Delivery timeframes.
3. Email associated documents to the State Projects team.
4. DELWP will establish contact within 24 hours/1 business day to discuss the project planning requirements and arrange the way forward.
Pre-application project briefing meeting
Initial information should be provided 2 business days before any meeting to ensure relevant DELWP staff in attendance can be prepared.
The information to be provided before or during the meeting should include:
|Information to provide||What it should include|
|Proposed project use and development and project area.||Indicative development plans, images, maps and aerials to assist.|
|Initial planning review to indicate permit triggers and the application content.||Indicate where the project is consistent/inconsistent with any planning provisions in the planning scheme for the site.|
|Consultation to date and proposed about the project and the approval process.||Identify the key stakeholders and community. (This information will inform discussions about the extent of consultation the Minister may deem necessary for the project)|
|Extent of environmental impacts and sensitivities.||
In terms of impact to: |
- native vegetation and other tree/ vegetation removal
- flora and fauna
- bushfire and other considerations.
Detail the proposed areas of protection/avoidance.
|The public realm, amenity impacts and improvements.||
In terms of impact to the:|
- built form
- or others
|Other legislative requirements or tools to be used as part of the project.||
- Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
- Flora and Fauna Guarantee Act 1988
- Heritage Act 2017
- Aboriginal Heritage Act 2006
- Marine and Coastal Act 2018.
|Public or private land required for temporary or permanent acquisition.||What is the method for occupation or acquisition?|
All presentation material from meeting(s) is to be distributed to DELWP.
Before application lodgement
Acquire confirmation between the proponent and DELWP of the:
- State project eligibility documentation to be submitted
- Confirmation of consultation required
- Application documentation and timing for the submission.
Step 2 - Obtain State Project Status
State Project status may be sought before the submission of other application requirements prescribed by clause 52.30 to confirm the approval pathway process.
52.30-2 State project decision
Provide information that addresses the matters that the Minister must be satisfied with within clause 52.30-2 that the proposed use or development of land is a state project.
This could be in the form of a letter or report that provides details and supporting documentation to demonstrate how the project meets one or more of the criteria listed at 52.30-2.
The supporting documentation may include:
- Description of the proposal
- The extent of the project area
- Concept plans or detailed plans, visualisations, landscape plans, or other material used to provide detail of the development.
- Land titles and ownership
- Government media releases
- Details of funding
- Project delivery timeline
- Letters from the Council or other relevant stakeholders
- A statement confirming constancy with the listed plans and policies identified under this clause and may require support from the relevant council or agency
- Proponent statement confirming self-assessment of the project and that no Environmental Effects Statement or referral is required under the Environment Effects Act 1978. Or confirming the decision by the Minister for Planning that no EES is required subject to conditions and that the proponent is undertaking the necessary step to satisfy the conditions
- Detail the environmental, social and economic effects of the use and development to assist the Minister for Planning considerations.
DELWP will provide the proponent with written confirmation of State Project status for consideration under this provision.
Step 3 – Project Application
The application should be a comprehensive package of documentation to satisfy clause 52.30.
The responses should be concise and address the requirements.
A response against each requirement of the clause is not always necessary. If any of the requirements are not relevant to the project, provide a brief reason why.
Each required document will be assessed by DELWP against the requirements of the provision and must be to a standard and content to the satisfaction of the Minister for Planning.
The application documentation will be reviewed and a request for further information may be issued.
Once further information is satisfied the project approval assessment will be completed.
An application must only be made for a proposed use or development of land determined by the Minister for Planning to be a state project.
52.30-2 State project decision
An application includes the decision or seeks decision along with the application, as detailed in Step 2.
52.30-3 Exemption from planning scheme requirements
52.30-4 Use and development requirements
The use and development of land must be carried out generally following the plans and documents approved under clause 52.30, to the satisfaction of the Minister for Planning.
52.30-5 Consultation requirements
Consultation - Methodology
Who are the relevant consultation groups?
- Community groups
What type of consultation?
When the consultation occurred or will occur?
Why or reasons for the extent of distribution or targeted consultation
What detail was distributed during the consultation process?
- the extent of the project area
- concept plans or detailed plans, visualisations, landscape plans, or other material used to provide detail of the development
- vegetation/tree and biodiversity/environmental impacts or protections
- potential impacts
- planning approval process
- description, and representative samples, of material distributed to the community and stakeholders.
How was the feedback sought?
How the feedback was collated, managed and considered in the project response.
- number of submissions received
- description of matters raised by submitters and how they have been considered
- responses to matters raised, including any resultant changes to design or construction methodology
- response to the council’s submission/concerns
- response to referral authority advice
- detail of any response provided back to submitter/stakeholder.
52.30-6 Other pre-commencement requirements
- Hours of operation
- The likely effects, if any, on the land and surrounding land and uses (e.g. noise, light spill, shadowing, vibration)
- In some instances, detailed plans may not be necessary. Concept plans may provide sufficient detail about the project from a planning perspective rather than detailed engineering drawings.
- Renders and /or photomontages should be provided to assist with visualizing the built form outcome for the project.
- It is also important to consider and represent any off-site amenity impacts the project may cause, i.e. shadow, visual bulk, overlooking etc.
- The project may benefit from a process of design review, i.e. The Office of Victorian Government Architect (OVGA) review or project design panel. The OVGA can assist in providing independent design assessments for all stages or specific stages of the project. There is no charge for this service for State government projects.
- Tree and vegetation removals, Tree Protection Zone (TPZ) encroachment or `no-go protection’ areas should be identified.
- A summary of the policy and strategic planning context of the declared project, including any underpinning plans or studies.
- Addresses how the proposed use or development responds to purposes, objectives, or statements of significance or risk of any zone, overlay, or other provision that would apply but for the planning exemptions. Detail the existing relevant planning controls and permit triggers and how the project has considered and responded to them. This can often be presented in a simple table format.
|Control/ Provision requirement||Use/ development||Proponent Response|
- Specify the relevant referral authorities from clause 66 of the planning scheme and if they have been provided with a copy of the application. This will be also detailed in the consultation requirement.
- Environmental Management Framework
- Construction Environment Management Plan
- Flora and Fauna Management Plan
- Urban Design Guidelines or Statement
- Visual Impact
- Details of the stages of the project and schedule of works. This may also outline the anticipated application submission timeframes.
- In some instances, the project can be approved in stages which may allow preliminary works.
Urban Design and Public Spaces Framework or Statement
- The positive and negative impacts on the public realm.
- Where relevant, urban design principles should guide the project.
- In some instances, as part of later stages of the project, stakeholder or community input may be sought into the public realm outcomes or the project might go through a design review process. Landscape concept plans and integration into the existing area is an important consideration with way finding and pedestrian/bicycle access where appropriate.
Tree, vegetation and biodiversity assessment reports
- The extent of vegetation, including native vegetation, and/or tree impacts (removals or greater than Tree Protection Zone 10%) will be identified on the detailed plans. Supporting documentation may be required, like an arborist report, flora and fauna assessment or targeted threatened species survey. It is understood that projects will have impacts on the environment which may be unavoidable, however, the potential impacts must be known, and avoidance and mitigation measures have been demonstrated before approval is sought or given.
- Vegetation or trees could be identified through a permit trigger via clause 52.17, overlays, or street trees or other community or council identified significant or landscape amenity trees.
52.30-7 Native vegetation requirements
- Information about the native vegetation to be removed per the Guidelines for removal, destruction or lopping of native vegetation (DELWP, 2017)
- What is the extent of proposed native vegetation removal?
Refer to Ecological Vegetation Class, conservation status, extent of patches, size and number of large and scattered trees and species identified.
Include maps to show the location and extent.
- How have impacts been minimised?
- What is the offset requirement? Is it able to be secured?
Step 4 – Document Approval
Once all project assessment is complete some of the documentation will be approved either by the Minister, or if appropriate under delegation.
The approval confirmation may be via a letter and or stamped/ endorsed documents.
Page last updated: 31/05/21