Planning in Victorian Government in Australia - Assignment Example

Running Header: Planning In Victorian Government in Australia Student’s Name: Instructor’s Name: Course Name & Code: Date of Submission: 1. The purpose of planning overlays is to facilitate sustainable, flourishing, and secure community. The main reason of planning overlays is reducing the risk due to environmental concern like flooding. Local council in Victoria plans overlays to reduce the dangers that people face in their areas of living. Wildlife Management Overlay (WMO) of Victoria is a good example that has been developed by local councils in ensuring wildlife risks are reduced (Robert, 2000). 2. The purpose of Municipal Strategic Statement (MSS) is to set out a long-term vision and strategies for municipality development and expansion. It provides a long-term direction for land development and use. This is towards ensuring well design and management of the city. Municipal Strategic Statement contains key strategic plans and other development objectives for the council. It contains various local planning policies that have been laid down by the council. 3. A policy in municipal planning schemes is one of the tools that is available and used for implementing strategies and objectives in municipal planning schemes. It is a statement of expectation or goal. It is a statement that will specify what the responsible authority will do under specified conditions. It is a statement or guide that offers responsible authority a chance to state its view of planning for a location. 4. Planning permit is required in order for one to build. Planning permit give details of the situations of how and what is to be build on any land. The planning permit gives evidence that permission has been granted towards developing the property. Planning permit allows one to be given permission to build in a specific region or area. For a planning permit to be issued, the area of building a house should be on the accessible and permitted region (Environment Defenders office, 2007). 5. Planning decisions made by the council on zoning that can be reviewed include the development of local activity centers that are accessible in new and even existing neighborhoods. It may also review planning decisions in order to protect existing land utilized for production of food. It can also review planning to influence walking transportation as a way of increasing access to activity centers (Susan, 2007). a. The planning decisions can be objected by local council, general-public, community based organization, development industry organization, company, or individual who may be involved in development industry, responsible authority, referral authority and occupier or owner of land. Council uses procedures to review a planning decision. It involves reviewing the planning schemes regularly in ensuring it is consistence with revised council plan. Then monitoring and reviewing process is involved through actions or benchmarks that council uses in assessing MSS effectiveness in the time between reviews. 6. The purpose of the Subdivision Act 1988 is to regulate dealing and management of common property as well as operation and constitution of corporate bodies. It also sets out procedures for consolidation and subdivision of airspace, buildings, and land. It also sets out procedures for creation, removal, or variation of restrictions or easements (Victoria Consolidated Legislation, 2010). 7. Referral authority has powers to ask for alterations or refusing consent to the council through written reasons. It has responsibilities of ensuring plans complies with the standards. It has to refer planning permit for advice before it is granted. It has the responsibility of specifying plan alterations. 8. 173 Agreements are used for creating conditions to protect native vegetation that may not be possible through local council planning scheme. Its powers have been derived from planning and environment act 1987 (Victoria Consolidated Legislation, 2010). 9. 9Councils must certify sub divisional plans in order to ensure it complies with the required standards. Certifying sub divisional plans will assist councils in ensuring appropriate measures and plans are achieved. 10. An endorsed sub-divisional plan is an approved or certified sub-divisional plan by councils as an indication that its contents are acknowledged. There is need to endorse plans in order to ensure they meet the required standards or criteria. In order for a sub-division plan to be endorsed, it must be up to the standards. 11. A developer can start working on a subdivision development after sub-divisional plans are certified. He can as well start working after sub-divisional plan is endorsed. He must also obtain planning permit in order to start developing. 12. There is no supervision work fee on a subdivision. However, they are other fees that include airspace subdivision fee, boundary adjustment fee, legal and survey cost, consultant fee, development cost charges, and subdivision base fee. The legislative authority involved is local government. 13. The council does not give the open area because it is responsible of issuing title deeds. Therefore, in an open areas land, it just declines to give out the permit or title deed to that region. The land is left undivided. The authority involved is local council and surveying office. 14. The council must decide the number of people around the region before deciding whether there is need of a public open space. It also takes into account the number of buildings and settlement within the area. This enables the creation of an open area to act as a buffer zone. The authority responsible is land authority and council authority of the area. 15. Staged Subdivision is a scheme for land subdivision in stages. It is important because it helps in creating additional lots or even alters lots in the land. It also assists in removing restrictions or easement over land while setting aside road reserves. 16. Statement of compliance has the main purpose of showing that the applicant has met all the requirements that relate to public works and that there is an agreement to protect compliance with the requirements. It has the main purpose of enabling the master plan to be registered. 17. Land transfer is under transfer of Land Act 1958. The land transfer process in Victoria involves initial vendor certificates. Then the process moves to financial settlement to registration of the transfer, which is trailed as an online process. Finally, it is released for general use and transfer of ownership. 18. Body corporate is a legal entity comprising collective ownership of properties. It is formed when land is subdivided and registered between a group of owners who own apartments or commercial units in order to set up a community title scheme. It plays a role of managing the repair and maintenance of building or assets. It also maintains the funding budget as well as putting into effect community management ethics. 19. A submission may be made in writing, orally, or both. It is important for the submission to be in writing. There must be enough copies of written submissions for all parties and sitting members. These are the copies to be distributed during the hearing. There should be visual material to support the submissions. 20. VCAT review planning decisions through a simple process that involves parties involved. After an application is made, a compulsory conference hearing or mediation directions hearing will take place in trying to resolve cases preceding hearing. Parties give evidence, ask questions, and make submissions. After submission, a VCAT member gives a decision on the spot according to hearing or writes the decision and delivering it soonest (John & Victorian Civil and Administrative Tribunal, 2000). 21. 21Statement of grounds is a written decision that outlines the facts used in the case in order to come up with a decision. It explains the reasons for review and one’s position. It must contain what the dispute is about as well as the ground on which you were relying. It must also have the facts of the case and what one wants to be done as well as all the facts one wants to argue at the hearing. 22. Direction hearing is an informal court appearance that takes place when the dispute has not been dissolved among the involved parties after starting of a formal legal action. It is a brief hearing in front of judge that gives judge a chance to discuss appeal progress as well as giving parties directions. 23. My role as a witness in VCAT hearing is to give oral evidence to VCAT in order to prove some facts. Such include when cost is an issue like the cost of rectifying or performing work. 24. In case one applies for a permit from council and there is no response, one can appeal to the tribunal for review of being delayed to have the permit. Other areas where can appeal include in referral authorities specified in planning schemes like EPA or DSE. 25. Planning permit is a crucial document in that it gives guidelines on how to use land. It gives specifications of what kind of developments are to be carried out within a given region or zone. 26. It is important for the client to ensure the land is capable of being rezoned. The client should write a letter on application and rezoning application form to planning authority, local council, and advisory committee that will review the application against local and state planning policy. The client should clearly explain clearly of his plans in the application. The process also involves government, local council, VCAT, and other development committees (DACs). a. The council evaluates the application letter in order to verify that the area to be rezoned meets the required criteria set. The council then undertakes a visibility study of the area to clarify that it qualifies to be rezoned. The council then gives guidelines to be used in terms of shape, dimensions, and density of structures. Then it goes ahead to amend a bylaw. 27. In getting planning permit, the client has to apply to relevant responsible council or its delegate who decides whether to give a planning permit depending on the proposal assessment and decision guidelines in the planning scheme. Application forms are obtained from relevant authority, filled, and lodged out. Planning permit will authorize development of land with conditions. The application of planning permit is approved by the responsible authority if the conditions are met. Victorian civil and Administrative Tribunal (VCAT) reviews the decision by council on a planning permit (Environment Defenders office, 2007). 28. A planning panel is established to consider the significant development of every State. Submissions received during stakeholder and community engagement phase and other application are referred to planning panel by the minister. The planning panel has a role of inquiry and conducting public hearing in order to consider submissions and applications received. The planning panel is then required to report to the minister the findings. It is also supposed to make relevant recommendations (Des & Tannetie, 2006). 29. Central highlands water protects the catchment areas through objecting any development plans that may be laid down for development in that region. It has put various measures to ensure there are residential or other developments that are put down due to their effects that may have on the region. This has played a key role of preventing this region from human development disruption that leads to contamination. 30. Failure by the council to issue a planning permit of the proposed toxic waste dump requires some process. The process involves filling out the review form and sending it to VCAT to review it. The statement of grounds is also provided in order to support the review. VCAT will write to the applicant directing the person to give referral authority within 7 days. VCAT considers the reasons by the council to deny the permit. VCAT then evaluates whether those are enough reasons of denying the permit. If the reasons are genuine enough and they are threat to environment, then the permit is not given. 31. Councils have enough planning control in their municipalities. This is because if they decide a certain development will not be done in their region, then it does not go on. One example of a local council is Moreland county council that ensures there is efficient city planning, road infrastructure and waste management. Moreland is a municipality in north of Melbourne. Zoning plans have been put in place towards ensuring there is protection of land and other areas that cannot be polluted. It has put in place towards ensuring there are no illegal settlements and zoning in rehabilitated regions (Brendan & Nicholas, 2000). References Brendan, G. & Nicholas, L. (2000). Australian urban planning: new challenges, new agendas. Sydney: Allen & Unwin. Des, E. & Tannetie, B. (2006). Statutory Planning in Victoria. Melbourne: Federation Press. Environment Defenders office. (2007). Objections kit. Retrieved October 29, 2010 from, http://www.edo.org.au/edovic/publications/kits/edo_objectionskit0807.pdf John, P. M. & Victorian Civil and Administrative Tribunal. (2000). VCAT: Victorian Civil and Administrative Tribunal: Freedom of Information. Melbourne: ANSTAT. Robert, F. (2000). Urban Planning in a changing world: the twentieth century experience. New York: Taylor & Francis. Susan, T. (2007). Planning Australia: an overview of urban and regional planning. Sydney: Cambridge University Press. Victoria Consolidated Legislation. (2010). Planning and Environment Act 1987. Retrieved October 29, 2010 from, http://www.austlii.edu.au/au/legis/vic/consol_act/paea1987254/ Victoria Consolidated Legislation. (2010). Subdivision act 1988. Retrieved October 29, 2010 from, http://www.austlii.edu.au/au/legis/vic/consol_act/sa1988153/ Victoria Consolidated Legislation. (2010). Transfer of Land Act 1958. Retrieved October 29, 2010 from, http://www.austlii.edu.au/au/legis/vic/consol_act/tola1958160/ Read More