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PLANNING AND ENVIRONMENT ACT 1987 - SECT 60

What matters must a responsible authority consider?

S. 60(1) amended by Nos 86/1989 s. 25(k), 35/1995 s. 5, substituted by No. 81/2004 s. 23(1).

    (1)     Before deciding on an application, the responsible authority must consider—

        (a)     the relevant planning scheme; and

        (b)     the objectives of planning in Victoria; and

        (c)     all objections and other submissions which it has received and which have not been withdrawn; and

        (d)     any decision and comments of a referral authority which it has received; and

S. 60(1)(e) amended by No. 3/2013 s. 76(1).

        (e)     any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development; and

S. 60(1)(f) inserted by No. 3/2013 s. 76(2).

        (f)     any significant social effects and economic effects which the responsible authority considers the use or development may have.

S. 60(1A) inserted by No. 81/2004 s. 23(1).

    (1A)     Before deciding on an application, the responsible authority, if the circumstances appear to so require, may consider—

S. 60(1A)(a) repealed by No. 3/2013 s. 76(3).

    *     *     *     *     *

        (b)     the approved regional strategy plan under Part 3A; and

        (c)     any amendment to the approved regional strategy plan under Part 3A adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and

S. 60(1A)(d) amended by No. 44/2005 s. 4(a).

        (d)     the approved strategy plan under Part 3C; and

S. 60(1A)(e) amended by No. 44/2005 s. 4(a).

        (e)     any amendment to the approved strategy plan under Part 3C adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and

S. 60(1A)(ea) inserted by No. 44/2005 s. 4(b).

        (ea)     the approved strategy plan under Part 3D; and

S. 60(1A)(eb) inserted by No. 44/2005 s. 4(b).

        (eb)     any amendment to the approved strategy plan under Part 3D adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and

        (f)     any relevant State environment protection policy declared in any Order made by the Governor in Council under section 16 of the Environment Protection Act 1970 ; and

        (g)     any other strategic plan, policy statement, code or guideline which has been adopted by a Minister, government department, public authority or municipal council; and

        (h)     any amendment to the planning scheme which has been adopted by a planning authority but not, as at the date on which the application is considered, approved by the Minister or a planning authority; and

              (i)     any agreement made pursuant to section 173 affecting the land the subject of the application; and

        (j)     any other relevant matter.

S. 60(1B) inserted by No. 30/2015 s. 4(1).

    (1B)     For the purposes of subsection (1)(f), the responsible authority must (where appropriate) have regard to the number of objectors in considering whether the use or development may have a significant social effect.

S. 60(2) inserted by No. 48/1991 s. 61(2)(b).

    (2)     The responsible authority must not grant a permit which allows the removal or variation of a restriction (within the meaning of the Subdivision Act 1988 ) unless it is satisfied that the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer—

        (a)     financial loss; or

        (b)     loss of amenity; or

        (c)     loss arising from change to the character of the neighbourhood; or

        (d)     any other material detriment—

as a consequence of the removal or variation of the restriction.

S. 60(3) inserted by No. 128/1993 s. 15, amended by No. 81/2004 s. 23(2)(a)(b).

    (3)     Despite subsection (1)(c), if no notice is required to be given under section 52(1) or 57B or the planning scheme of an application, the responsible authority is not required to consider any objection or submission received in respect of the application before deciding the application.

S. 60(3A) inserted by No. 53/2012 s. 7, amended by Nos 3/2013 s. 76(5), 30/2015 s. 4(2).

    (3A)     If an application for a permit is of a class that is exempted by a planning scheme wholly or in part from the requirements of subsections (1)(b) to (f), (1A) and (1B), the responsible authority is not required to consider the exempted matters before deciding the application.

S. 60(4) inserted by No. 128/1993 s. 15.

    (4)     Subsection (2) does not apply to any restriction which was—

        (a)     registered under the Subdivision Act 1988 ; or

        (b)     lodged for registration or recording under the Transfer of Land Act 1958 ; or

        (c)     created—

before 25 June 1991.

S. 60(5) inserted by No. 128/1993 s. 15.

    (5)     The responsible authority must not grant a permit which allows the removal or variation of a restriction referred to in subsection (4) unless it is satisfied that—

        (a)     the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer any detriment of any kind (including any perceived detriment) as a consequence of the removal or variation of the restriction; and

        (b)     if that owner has objected to the grant of the permit, the objection is vexatious or not made in good faith.

S. 60(6) inserted by No. 128/1993 s. 15, amended by No. 52/1998 s. 191(1).

    (6)     If an application for a permit to remove or vary a restriction referred to in subsection (4) was made on or after 25 June 1991 and the responsible authority had made a decision in respect of the application before the commencement of section 15 of the Planning and Environment (Amendment) Act 1993 , the Tribunal must determine in accordance with subsection (5) any appeal under this Act in respect of that decision.

S. 60(7) inserted by No. 128/1993 s. 15.

    (7)     Nothing in subsection (4), (5) or (6) affects the validity of a permit to remove or vary a restriction issued under this Act before the commencement of section 15 of the Planning and Environment (Amendment) Act 1993 .



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