In planning news this month, Minister for Planning, the Hon Lizzie Blandthorn MP, approved and gazetted two amendments VC224 and VC226. The amendments came into operation on Friday 28 October 2022 (VC224) and Friday 04 November 2022 (VC226) respectively.
Policy Integration
Among other things, the Amendments change the VPPs to clarify government policy concerning Declared Irrigation Districts and Solar Energy Facilities Design (VC224); and government strategy regarding Solar Energy (storage to meet on-site needs) and to encourage co-location of Telecommunications Facilities (including by exempting certain facilities subject to conditions under cl.52.19), and to update Community Care Accommodation guidelines and exemptions for NDIS registered providers (VC226).
New Land Use Terms
Amendment VC224 modifies definitions for the Land Use Terms (‘Restricted place of assembly’ and ‘Service station’) and introduces New Land Use Terms:
- ‘Interpretation Centre,’ meaning ‘a facility that assists in the public understanding of the natural or cultural environment’; and
- ‘Electorate Office,’ meaning ‘an office used by a State or Federal Office Member of Parliament to conduct their representative duties’.
Note: under the new cl.62.01, use of land for the purposes of an ‘Electorate Office‘ does not require a permit.
Victorian Flood Recovery
VC226 extends emergency recovery measures under cl.52.07 to apply to recovery from the October 2022 flood event.
Except for those requirements under cll. 45.03-1 and 52.14, now updated cl. 52.07 extends exemptions for uses or developments from respective Planning Scheme requirements provided that:
- the use of land or the construction of a building or the construction or carrying out of works is associated with recovery carried out by or on behalf of a municipal council or public authority, is for accommodation, or is for a use (other than accommodation) that was lawfully carried out in a building immediately before that building was damaged or destroyed by an emergency; or
- the use or development of land for the removal, destruction or lopping of vegetation.
Miscellaneous Clarifications
VC224 clarifies the application of Stormwater Management Controls in the Urban Growth Zone (UGZ), and amends VicSmart criteria for applications to remove, destroy or lop one tree. VC224 nominates DELWP as referral authority for applications for apartment development incorporating to be approved under the Future Homes project.
The State election caretaker period commenced 6:00pm Tuesday 1 November 2022. While the business of government and public administration continues throughout this period, the conventions seek to ensure actions taken during the caretaker period will not bind an incoming government or limit its freedom of action.
KELLEHERS AUSTRALIA
8 November 2022
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