:: The implementation arrangements explained
  ::

The Ministerial Directions explained
New Direction 9
New Direction 10
Amended Direction 2
Amended Direction 3

  :: Draft clause 12 explained
  :: Considering Melbourne 2030
  :: Appendixes
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Implementation plans > Advisory note > Considering Melbourne 2030

Considering Melbourne 2030

Who should consider Melbourne 2030
As Melbourne 2030 is a seriously entertained planning proposal, the Government expects that, from Day One, government departments, planning and responsible authorities, developers and the community will consider and apply it when making decisions that affect land use, development and subdivision in metropolitan Melbourne and the surrounding region.

In particular, Melbourne 2030 should be considered by:

  • government departments when making decisions about infrastructure investment, the location of facilities, land-use planning and policy
  • planning authorities in planning and managing land use, development and subdivision in their municipality
  • responsible authorities in assessing planning permit applications
  • the community and development industry in their land use and development decisions.

When to consider Melbourne 2030
Melbourne 2030 should be considered when making decisions about all current and new planning scheme amendments, in revewing planning schemes and municipal strategic statements and when making decisions about new and current planning permit applications.

Preparing a planning scheme amendment
As required by Ministerial Direction No. 9. planning authorities in metropolitan Melbourne must consider how proposed amendments affect Melbourne 2030 and are affected by it. They must decide whether an amendment is consistent with and implements the relevant parts of Melbourne 2030, or whether it will compromise it. Planning authorities should take early action to ensure that amendments are consistent with and implement Melbourne 2030. Planning authorities in regions surrounding metropolitan Melbourne should take Melbourne 2030 into account where relevant.

Melbourne 2030 must be considered when:

  • proponents (including councils) formulate development proposals and planning scheme amendments
  • a planning authority considers a request to prepare a planning scheme amendment
In preparing a planning scheme amendment, a planning authority must, among other things, ‘have regard to the Minister’s Directions’ (section 12(2)(a) of the Act).
This includes Ministerial Direction No.9.

 

Considering a planning scheme amendment
As Melbourne 2030 has the status of a seriously entertained strategic plan and policy statement, planning authorities in metropolitan Melbourne and the surrounding region should consider how the amendment affects and is affected by it. They should decide whether the amendment will produce acceptable outcomes in terms of Melbourne 2030.

Melbourne 2030 must be considered when

  • the planning authority and the community responds to exhibited amendments
  • a planning panel or advisory committee considers a planning scheme amendment
  • a planning authority considers whether to adopt or modify a proposed planning scheme amendment

Reviewing a planning scheme and the 3 year review of the Municipal Strategic Statement
As Melbourne 2030 has the status of a seriously entertained strategic plan and policy statement, planning authorities reviewing their planning scheme under section 12(1)(c) of the Planning and Environment Act 1987 and Municipal Stategic Statement under section 12A(5) of the Act should consider how the directions, policies and implementation measures in Melbourne 2030 affect or influence the objectives, strategies, policies and implementation measures of the scheme and Municipal Stategic Statement.

Planning permit applications
As Melbourne 2030 has the status of a seriously entertained strategic plan and policy statement responsible authorities in metropolitan Melbourne and the surrounding region should consider how planning permit applications affect and are affected by it. They should decide whether the proposal will produce acceptable outcomes in terms of Melbourne 2030.

Melbourne 2030 should be considered when:

  • applicants prepare planning permit applications
  • the community responds to planning permit applications
  • responsible authorities decide on planning permit applications, including those lodged prior to the release of Melbourne 2030.
  • the Victorian Civil and Administrative Tribunal reviews decisions on planning permit applications.
Before deciding on a planning permit application, the responsible authority may consider, among other things, ‘any strategic plan, policy statement code or guideline which has been adopted by a Minister, government department, public authority or municipal council’ (section 60(1)(b)(ii) of the Act).

 

How to consider Melbourne 2030
In broad terms, planning and responsible authorities should consider these questions in preparing and assessing a planning scheme amendment or a planning permit application:

  • what aspects, if any, of Melbourne 2030 are relevant?
  • how do those aspects affect the amendment or application?
  • is the amendment or application consistent with any direction or policy in Melbourne 2030, particularly the achievement of any direction or policy?
  • does the amendment or application support, give effect to or assist the implementation of Melbourne 2030 or can it be reasonably modified to do so?
  • will the amendment or application compromise the implementation of Melbourne 2030?

Any amendment or application that could compromise the implementation of Melbourne 2030 should be discussed with the relevant Department of Infrastructure (DOI) regional office at the earliest opportunity.

If a planning scheme amendment appears to compromise the implementation of Melbourne 2030, the Minister for Planning may not support that amendment. This is why Ministerial Direction No. 10 requires a planning authority to get the views of the Minister before preparing an amendment that affects the UGB or land outside the UGB.

If a planning permit application has the potential to compromise the implementation of Melbourne 2030, the Minister for Planning may call in the application under section 97B of the Act, on the basis that it ‘...raises a major issue of policy and that the determination of the application may have a substantial effect on the achievement or development of planning objectives’.