Victorian Consolidated Legislation

Planning and Environment (Planning Schemes) Act 1996 - SECT 14

New Division 5 inserted in Part 4

14. New Division 5 inserted in Part 4

After Division 4 of Part 4 of the Principal Act insert- 'Division 5-Combined
permit and amendment process
96A. Application for permit when amendment requested

(1) A person who requests a planning authority to prepare an amendment to a
planning scheme may also apply to the planning authority for a permit for any
purpose for which the planning scheme as amended by the proposed amendment
would require a permit to be obtained.

(2) The planning authority may agree to consider the application for the
permit concurrently with the preparation of the proposed amendment.

(3) An application may be made for a permit under this section even if it
could not be granted under the existing planning scheme.

(4) The application for the permit must-

   (a)  be accompanied by the prescribed fee; and

   (b)  be accompanied by the information required by the planning scheme.

(5) An application cannot be made under this section after the notice of the
proposed amendment to the planning scheme has been given under section 19.

(6) Sections 48, 49 and 50 apply to an application under this section as if-

   (a)  it were an application under Division 1; and

   (b)  in section 50(1) and (2) a reference-

   (i)  to the responsible authority were a reference to the planning
        authority; and

   (ii) to section 52 were a reference to section 96C(1).
96B. Application of provisions

(1) Subject to this Division, if a planning authority has agreed to consider
an application for a permit concurrently with the preparation of a proposed
amendment-

   (a)  sections 17, 18 and 20 to 25 and Part 8 apply to the application as
        if-

   (i)  except in section 23, the application were an amendment to a planning
        scheme; and

   (ii) any reference in those sections to section 19 were a reference to
        section 96C; and

   (iii) any reference in section 23 to an amendment were a reference to the
        proposed permit; and

   (b)  Parts 3 and 5 apply to the proposed amendment as if any reference in
        those Parts to section 19 were a reference to section 96C.

(2) Sections 166 and 185A apply to an application for a permit under this
Division as if it were an amendment to a planning scheme and as if any
reference in those sections to Part 3 included a reference to this Division.
96C. Notice of amendment, application and permit

(1) A planning authority must give notice of its preparation of an amendment
to a planning scheme and notice of an application being considered
concurrently with the amendment under this Division to-

   (a)  every Minister, public authority and municipal council that it
        believes may be materially affected by the amendment or application;
        and

   (b)  to the owners (except persons entitled to be registered under the
        Transfer of Land Act 1958 as proprietor of an estate in fee simple)
        and occupiers of land that it believes may be materially affected by
        the amendment or application; and

   (c)  to any Minister, public authority, municipal council or person
        prescribed; and

   (d)  to the Minister administering the Land Act 1958 if the amendment
        provides for the closure of a road wholly or partly on Crown land; and

   (e)  to the responsible authority, if it is not the planning authority; and

   (f)  to the owners (except persons entitled to be registered under the
        Transfer of Land Act 1958 as proprietor of an estate in fee simple)
        and occupiers of allotments or lots adjoining the land to which the
        application applies unless the planning authority is satisfied that
        the grant of the permit would not cause material detriment to any
        person.

(2) A planning authority must publish a notice of the amendment and the
application in a newspaper generally circulating in the area to which the
amendment applies.

(3) On the same day that it gives the last of the notices under subsection (1)
and (2) or after that day, the planning authority must publish a notice of the
preparation of the amendment and of the application in the Government Gazette.

(4) Any notice must-

   (a)  be given in accordance with the regulations; and

   (b)  set a date for submissions to the planning authority which, if notice
        of the preparation of the amendment and the application is given in
        the Government Gazette, must be not less than one month after the date
        that the notice is given in the Government Gazette.

(5) The failure of a planning authority to give a notice under subsection (1)
does not prevent-

   (a)  the adoption of the amendment by the planning authority or its
        submission to or approval by the Minister; or

   (b)  the grant of a permit under this Division.

(6) Subsection (5)(a) does not apply to a failure to notify an owner of land
about the preparation of an amendment which provides for-

   (a)  the reservation of that land for public purposes; or

   (b)  the closure of a road which provides access to that land.

(7) A planning authority may take any other steps it thinks necessary to tell
anyone who may be affected by the amendment about its preparation.

(8) The planning authority must give a copy of the proposed permit under this
Division to each person to whom the notice of the amendment and application is
given under subsection (1).

(9) The applicant for a permit under this Division must pay to the planning
authority the cost of any notice of the amendment and the application given
under this section.

(10) Section 19 does not apply to an amendment of which notice is given under
this section.
96D. Hearing by panel
Section 24 applies in respect of an application under this Division as if it
also required the panel to give a reasonable opportunity to be heard to the
applicant.
96E. Report by panel on proposed permit

(1) Without limiting section 25(2), if a panel recommends under that section
that an amendment be adopted, the panel may also recommend-

   (a)  that a permit be granted under this Division for any purpose for which
        the planning scheme as amended by the proposed amendment would require
        a permit to be obtained; and

   (b)  the conditions to which the permit should be subject.

(2) Subsection (1) applies whether or not an application has been made under
this Division for the permit.
96F. Planning authority to consider panel's report
The planning authority must consider the panel's report under section 96E
before deciding whether or not to recommend the granting of a permit.
96G. Determination by planning authority

(1) A planning authority may determine to recommend to the Minister that a
permit be granted under this Division with or without changes if-

   (a)  an application for a permit has been made under this Division and
        sections 96A to 96F have been complied with; or

   (b)  a panel has recommended the grant of a permit under this Division and
        section 96F has been complied with; or

   (c)  as a result of changes made to an amendment under Part 3, the planning
        authority considers it appropriate that a permit be granted under this
        Division for any purpose for which the planning scheme as amended by
        the proposed amendment would require a permit to be obtained.

(2) A planning authority may only make a determination under subsection (1) if
it has adopted the amendment or the part of the amendment to which the permit
applies.

(3) If an amendment or the part of the amendment to which the permit applies
lapses under Part 3, the permit application also lapses.

(4) If a planning authority determines to refuse to recommend to the Minister
that a permit be granted under this Division for which an application has been
made, the planning authority must notify the applicant in writing of the
determination and the reasons for the determination.

96H. Recommendation by planning authority

(1) If the planning authority has determined under section 96G to recommend
the granting of a permit, the planning authority must submit the
recommendation and the proposed permit to the Minister at the same time as it
submits the adopted amendment to which the permit applies.

(2) The Minister may direct the planning authority to give more notice of the
application for the permit if the Minister thinks that the notice which the
planning authority gave was inadequate, even if the planning authority has
complied with section 96C.

(3) The planning authority must give the notice of the application required by
the Minister and comply again with sections 21 to 26 and sections 96D to 96H
(so far as applicable).

(4) Sections 33 and 34 apply to a proposed permit submitted under this section
as if it were an amendment.
96I. Minister may grant permit on approval of amendment

(1) If a planning authority has recommended the grant of a permit under
section 96H, the Minister may-

   (a)  grant the permit; or

   (b)  grant the permit subject to conditions the Minister thinks fit; or

   (c)  refuse to grant the permit on any ground the Minister thinks fit.

(2) In addition to subsection (1), the Minister may grant a permit under this
section subject to any conditions the Minister thinks fit, if the Minister
considers that, as a result of changes made to an amendment under Part 3, it
is appropriate that a permit be granted under this section for any purpose for
which the planning scheme as amended by the proposed amendment would require a
permit to be obtained.

(3) The permit must be granted at the same time as the approval of the
amendment to which the permit applies.

(4) The permit must state that it operates from a day specified in the permit
being a day on or after the day on which the amendment to which the permit
applies comes into operation.

(5) Section 60(2), (4) and (5) apply to the consideration of a decision to
grant a permit under this section as if any reference to the responsible
authority were a reference to the Minister.

(6) Section 62(2) to (6) apply to a permit granted under this section by the
Minister as if a reference to the responsible authority in section 62(2)(where
first occurring), 62(4), 62(5) and 62(6) were a reference to the Minister.
96J. Issue of permit

(1) If the Minister grants a permit under section 96I, the Minister must
direct the responsible authority to issue the permit.

(2) The responsible authority must issue the permit within 7 days after a
direction is given under subsection (1).

(3) The permit must be issued to-

   (a)  the applicant; or

   (b)  if there was no application for the permit under this Division, to the
        owner of the land.

(4) The responsible authority must comply with a direction of the Minister
under this section.
96K. Notice of refusal

(1) The Minister may direct the responsible authority to give notice of the
refusal of the permit to any person or body specified by the Minister.

(2) The direction and the notice by the responsible authority must set out the
specific grounds on which the permit is refused.

(3) The responsible authority must comply with a direction of the Minister
under this section.
96L. Cancellation of permit
If a permit is granted under this Division and the amendment to which the
permit applies is revoked under section 38, the permit is deemed to be
cancelled on that revocation.
96M. Application of provisions

(1) Sections 68 to 76 apply to a permit granted under this Division.

(2) Sections 81 and 85(1)(f) apply to a permit under this Division.

(3) Except as provided in this Division, Divisions 1 and 2 do not apply to an
application or permit under this Division.

(4) Division 3 applies to a permit issued under this Division as if-

   (a)  for section 87(1)(e) there were substituted-

"(e) in the case of an application for a permit under section 96A, any failure
to give notice in accordance with section 96C(1); or"; and

   (b)  section 87(1)(f) were omitted.

(5) If a permit is granted under this Division-

   (a)  the notice under section 36(1) of approval of the amendment to which
        the permit applies must also specify the places at which any person
        may inspect the permit; and

   (b)  the notice under section 38 of approval of the amendment to which the
        permit applies must specify that the permit has been granted.
96N. Who is to be the responsible authority?
Once a permit is granted under this Division, the responsible authority under
the planning scheme becomes the responsible authority in respect of the
permit.'.