The Consumer and Planning Legislation Amendment (Housing Statement Reform) Bill 2024 was introduced into Parliament on the 27 November, 2024. While the focus of Bill 2024 in the media has been on rental and real estate agent reform, the Bill also proposes some significant reforms to the planning scheme amendment process, metropolitan planning levy, planning panels and VCAT.
A summary of planning related reforms in the Bill, as provided by the UDIA, are presented below. CS Town Planning will be monitoring these reforms as they are implemented and advise clients accordingly.
Planning permit applications
- Allow Responsible Authority to review application when lodged and if incomplete, give RA power to void application if information not received in prescribed time
- New Ministerial Guideline around when a permit might cause material detriment; these guidelines would be considered by the RA when giving notice of an application
- Extend default planning permit expiry period (section 68)
- Remove the mandatory requirement for permit applications called in by the Minister to go to a planning panel
Metropolitan Planning Levy
- Enable the exemption of payment of the Metropolitan Planning Levy (MPL) in certain circumstances, including where an MPL Payment has already been made for substantially the same application
- Enable certain classes of applications and certain circumstances to be prescribed as not being leviable planning permit applications
Planning scheme amendments
- Formalise the process for proponent-led amendments to the planning scheme
- Require councils to advise a proponent and Minister of its decision in relation to the request
- Minister can decide to continue a PSA if abandoned by the planning authority
- New low-impact PSA pathway for less complex amendments, where planning authority can consider submissions without referring to a panel (how to designate ‘low-impact’ to be set out in regulations)
Planning Panels
- Planning Authorities can deem a submission frivolous, vexatious or wholly irrelevant
- Submissions that are the same or substantially the same can be treated as one
- Panels can hold an expert witness conference to consider issues/prepare a joint expert report
- Panels can consider matters on written materials if there is not a major issue of policy
Compensation claims
- Requiring interest to be paid on compensation awarded by VCAT or the Supreme Court.
- Allow Governor in Council to set the rate of interest on the recommendation of the Minister (in consultation with A-G, Treasurer and Minister for Major Transport Project).
- Introduce new forms and requirements for supporting evidence in compensation claims.
Amendments in relation to certain proceedings at VCAT
- Allow VCAT to join multiple objectors as a single grouped party if the statement of grounds raises similar issues
- VCAT can also appoint one or more of those objectors as a representative of the group
- VCAT can conduct hearings on the documents, confine issues, impose reasonable time limits on making submissions, dismiss matters or parts of matters that are lacking in substantive or merit.
- Allow VCAT to serve an order a party and require that party to serve the order to another party.
- VCAT to give reasons in summary format if they affirm or varies the decision.