What is a planning scheme?
A planning scheme is a legal document prepared by Council or the Minister for Planning, and approved by Minister under the Planning and Environment Act 1987. It sets out the objectives, policies and rules that control how people can use and develop private and public land. All municipalities have their own Planning Scheme using a standard structure including:
- State, regional and local planning policies
- maps which show the zones and overlays that affect individual land parcels
- an ordinance which are the written requirements setting out how land can be used and developed
- incorporated documents – these are separate documents that provide more detailed requirements about specific uses or individual sites.
There is information on the current amendments of our website below. Details of earlier amendments can be found here Moorabool Planning Scheme - Amendments.
Planning schemes are regularly amended through a statutory planning scheme amendment process.
What is a planning scheme amendment?
A planning scheme amendment is a process used to change the planning scheme. A planning scheme amendment may change the zone or overlay controls on maps, change or introduce new local policy or change the controls in the written ordinance.
The Planning and Environment Act 1987 allows Council to initiate an amendment at the request of a person or body (private planning scheme amendment). However, amendments are most commonly initiated by Council to implement changes that update policy direction and reflect future land use planning objectives (Council planning scheme amendment).
Amendments can also be initiated by the Minister for Planning, another Minister, or state agency.
What is the process for a Planning Scheme Amendment?
The Planning and Environment Act 1987 sets out the statutory process for Councils to follow in running planning scheme amendments and involves the following 5 steps.
1. Initiation
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Council drafts the statutory documents and resolves to seek authorisation from the Minister of Planning
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2. Authorisation
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The Minister for Planning writes to Council authorising preparation the amendment.
Council finalises the amendment documents and submits them to the Minister for Planning.
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3. Exhibition
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Exhibition is the official term for the public consultation stage of the amendment process.
We let the community know about the amendment by putting an advertisement in the local paper or by direct mail. The minimum time for exhibition is one month to allow the community time to get an understanding of the proposal and if they choose, to prepare a submission.
Anyone can lodge a submission to an amendment. Submissions can either:
- support the amendment
- oppose the amendment
- request changes be made to the amendment
So that Council can consider your views, you are encouraged to make a submission before the end of exhibition. All individual submissions will be acknowledged in writing and submitters may choose to make a submission to an independent Planning Panel (see below).
After exhibition Council will review all submissions and seek to resolve submissions where possible.
At this stage Council must also decide how to proceed and can either:
- resolve to adopt the amendment where all submissions are resolved;
- abandon the amendment; or
- refer unresolved submissions to an independent Planning Panel.
Council makes this decision at a public Council meeting. All submitters will be notified of the relevant Council meeting and are able to request to speak to the item at a Council meeting by completing this form.
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4. Planning Panel
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If submissions are received Council may ask the Minister for Planning to appoint an independent planning panel. An independent Planning Panel give submitters an opportunity to be heard in an informal, unbiased manner.
Usually, the panel holds public hearings to consider the amendment and any unresolved submissions. Planning Panels Victoria write to all submitters to explain the process and invite them to make a submission at the Panel hearing.
The panel gives expert advice to Council about the amendment and the submissions referred to it in a report. The report clearly sets out the Panel’s findings and any recommended changes about the amendment.
After Council receives the panel’s report it decides whether to:
- adopt some or all of the panel’s recommendations; or
- make no changes to the amendment.
(In some cases, Council may decide to abandon the amendment.)
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5. Adoption
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Council submits the final amendment documents to the Minister for Planning for final approval.
The Minister for Planning considers whether to adopt the amendment and change the Moorabool Planning Scheme.
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(In limited circumstances, the Minister for Planning may exercise powers of intervention to introduce a planning scheme amendment under 20(4) of the Act without giving notice to the community or Council).
What happens if I make a submission to a Planning Scheme Amendment?
During the exhibition of an amendment, the community will be notified by a public notice in the local paper or by direct mail. Anyone can make a submission to an amendment. A submission must include your name and contact details and outline whether you:
- support the amendment;
- oppose the amendment; or
- suggest changes to the amendment.
All individual submissions will be acknowledged in writing. Following the exhibition process, section 23 of the Planning and Environment Act 1987 requires Council to consider all submissions made to the amendment and either:
- change the amendment in the manner requested in any submissions;
- refer the submissions to an independent Planning Panel appointed under Part 8 of the Act; or
- abandon the amendment or part of the amendment.
What is an independent Planning Panel?
An independent Planning Panel is appointed by the Minister for Planning to hear submissions, make recommendations and provide advice about the amendment.
It will have one or more members, and depending on the issues involved may include subject matter specialists. The basic role of a panel is to:
- give submitters an opportunity to be heard in an informal, non-judicial manner.
- give expert advice to the planning authority (generally this will be Moorabool Shire Council) about an amendment and about submissions referred to it.
What happens after the independent Planning Panel hearing?
Council, as the planning authority, must consider the recommendations of the panel report, and then decide whether to adopt or abandon the amendment. If Council adopts the amendment, the amendment will be submitted to the Minister for Planning for consideration who makes the final decision on whether to change the Planning Scheme.