Kellehers is involved in a collaborative project with the Monash University Climate Justice Clinic to analyse Victorian Planning Schemes for the extent of their climate change duties, obligations and discretions. Victoria has standard State-wide planning provisions – Victoria Planning Provisions (VPPs).
Preliminary project outcomes confirm many relevant planning provisions that, if not explicitly mentioning climate change, have implications for climate change management through the State’s planning system. The project has, to date, evolved a thematic analysis of the State provision, with a preliminary identification of ten climate-related ‘themes’:
- Biodiversity;
- Conservation;
- Water Quality;
- Sustainable Building Design;
- Coastal Land Management;
- Soil Quality and Erosion;
- Future and Cumulative Impacts;
- Sustainable Development;
- Natural Resource Management; and
- Renewable Energy.
The themes reinforce the objectives of planning in Victoria,[1] and also form a basis for better understanding of the impact of the planning system on those aspects of land use and development with the strongest connection to the emerging impacts of climate change. They also highlight gaps in the planning system that will need more rigorous attention to reinforce the State’s commitment to addressing climate change.
The project is ongoing with the next stage involving analysis of VCAT climate-related decision-making.
KELLEHERS AUSTRALIA
Cameron Algie, LLB (Hons). The author acknowledges the detailed work of students in the Climate Justice Clinic in identifying the ten themes cited above.
30 September 2022
Copyright © Kellehers Australia 2022.
Liability limited by a scheme approved under Professional Standards Legislation
This fact sheet is intended only to provide a summary and general overview on matters of interest. It does not constitute legal advice. You should always seek legal and other professional advice which takes account of your individual circumstances.
[1] Planning and Environment Act 1987 (Vic), s 4(1).
Leave a Reply