Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 6

What can a planning scheme provide for?

6. What can a planning scheme provide for?



(1) A planning scheme for an area-

   (a)  must seek to further the objectives of planning in Victoria within the
        area covered by the scheme; and

   (aa) must contain a municipal strategic statement, if the scheme applies to
        the whole or part of a municipal district3; and

   (b)  may make any provision which relates to the use, development,
        protection or conservation of any land in the area.

(2) Without limiting subsection (1), a planning scheme may-

   (a)  set out policies and specific objectives;

   (b)  regulate or prohibit the use or development of any land;

   (c)  designate land as being reserved for public purposes;

   (d)  include strategic plans, policy statements, codes or guidelines
        relating to the use or development of land4;





   (e)  regulate or prohibit any use or development in hazardous areas or in
        areas which are likely to become hazardous areas;

   (f)  set out requirements for the provision of public utility services to
        land;

   (g)  subject to section 6A, regulate or provide for the creation, variation
        or removal of easements or restrictions under section 23 of the
        Subdivision Act 19885;





   (ga) subject to section 6A, regulate or provide for the variation or
        removal of conditions in the nature of easements in Crown grants,
        under section 23 of the Subdivision Act 19886;

   (gb) subject to section 6A, regulate or provide for the creation or removal
        of easements or rights of way under section 36 of the Subdivision Act
        19887;

   (h)  require specified things to be done to the satisfaction of the
        responsible authority a Minister, public authority, municipal council
        or referral authority;

   (ha) require specified information to be provided with an application for a
        permit;



        (i)    state the provisions of the planning scheme which would have
               applied to land reserved for a public purpose under the
               planning scheme if it had not been reserved for this purpose;

   (j)  apply, adopt or incorporate any document which relates to the use,
        development or protection of land;

   (k)  provide that any use or development of land is conditional on an
        agreement being entered into with the responsible authority or a
        referral authority;

   (ka) set out classes of land, use or development exempted from section
        96(1) or (2);



   (kb) make any provision in relation to any of the things listed in the
        Table in section 24A(1) of the Subdivision Act 1988;

   (kc) set out classes of applications for permits exempted wholly or in part
        from section 52(1) and set out notice requirements (if any) to apply
        in place of the requirements of that subsection;

   (kd) set out classes of applications the decisions on which are exempted
        from the requirements of section 64(1), (2) and (3) and section 82(1);

   (ke) subject to subsection (3), specify what effect (if any) the planning
        scheme will have on a use or development of land for which a permit or
        certificate of compliance has been issued;

   (l)  provide for any other matter which this Act refers to as being
        included in a planning scheme.





(3) Subject to subsections (4) and (4A), nothing in any planning scheme or
amendment shall-

   (a)  prevent the continuance of the use of any land upon which no buildings
        or works are erected for the purposes for which it was being lawfully
        used before the coming into operation of the scheme or amendment (as
        the case may be); or

   (b)  prevent the use of any building which was erected before that coming
        into operation for any purpose for which it was lawfully being used
        immediately before that coming into operation; or

   (c)  prevent the use of any works constructed before that coming into
        operation for any purpose for which they were being lawfully used
        immediately before that coming into operation; or

   (d)  prevent the use of any building or work for any purpose for which it
        was being lawfully erected or carried out immediately before that
        coming into operation; or

   (e)  require the removal or alteration of any lawfully constructed building
        or works.

(4) Subsection (3) does not apply to a use of land-

   (a)  which has stopped for a continuous period of two years; or

   (b)  which has stopped for two or more periods which together total two
        years in any period of three years; or

   (c)  in the case of a use which is seasonal in nature, if the use does not
        take place for two years in succession.

(4A) A planning scheme may require a use to which subsection (3) applies to
comply with-



   (a)  a Code of Practice which has been incorporated or adopted in
        accordance with section 39 of the
        Conservation, Forests and Lands Act 1987; or

   (b)  a Code of Practice approved or ratified by Parliament under an Act.

(5) A provision of a planning scheme may operate for a specified period.

(6) A planning scheme may apply to-

   (a)  a municipal district; or

   (b)  a municipal district together with an area adjoining the municipal
        district which is not in any municipal district; or

   (c)  an area or areas which are not in any municipal district; or

   (d)  if the affected municipal councils consent, any part of a municipal
        district or any adjoining parts of two or more municipal districts.