> Close this Window

Back to Earlier Newsletters

JULY 2001

• Changes of ResCode

• Neighbourhood Protection

• Kelleher's Lawpaks

• HIH

• Changes to the Heritage Act 1995

• Carbon Transfers

• Environmental Mediation

Changes to ResCode
Back to the top

Amendments have been made to the ResCode and will come into effect in August 2001. The amendments include new standards that apply to the following types of development:

- single dwellings only requiring a building permit;

- single dwellings requiring a planning permit;

- developments of more than one house on a site; and

- residential subdivisions.

There will be 14 basic standards that all of the above developments must meet, including:

- front setback and fence height;

- number of car spaces;

- building height; and

- site coverage.

However, council can vary most of the new regulations in its planning scheme. Additional regulations apply to the developments listed, excluding single storey houses only requiring a building permit.

A major aspect of the changes to the ResCode is its emphasis on neighbourhood character. There are now several clauses relating specifically to Neighbourhood Character:

The Residential 1, Residential 2, Mixed Use and Township zones encourage the protection of neighbourhood character.

A planning application must be accompanied by a neighbourhood and site description, and a design response which must address the character of surrounding development such as fences, architectural and roof styles, and any other notable features.

The responsible authority must decide whether this neighbourhood and site description is satisfactory before it can assess the rest of the application.

Neighbourhood character is now the mandatory starting point for the assessment of planning permit applications for housing.

Council can introduce a Neighbourhood Character Overlay after determining the key features of the neighbourhood and the restrictions required to protect it.

Neighbourhood Protection
Back to the top

The Environment Protection (Liveable Neighbourhoods) Act 2001 came into operation on 1 July, 2001 to amend the Environment Protection Act 1970 ("the Act").

The amendment has provided a set of principles for the Act which can be summarised as follows:

Economic, social and environmental considerations require consideration in the decision making process.

Action should be taken to avoid serious or irreversible damage to the environment, and threats of such damage should be acted upon regardless of lack of full scientific certainty.

The present generation should ensure the health and diversity of the environment for future generations.

Conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making.

People who have polluted should bear the costs of containment, avoidance and abatement.

Protection of the environment is up to all levels of Government, business, communities and individuals.

Waste should be managed in order to avoid, re-use, recycle.

Enforcement of environmental requirements should be undertaken.

The public should have access to reliable and relevant information.

The government can now use economic measures to provide an incentive to avoid or minimise harm to the environment by a particular activity. Economic measures include tradeable emission and permit schemes.

A protection agency may, either voluntarily or under direction, develop a Neighbourhood Environment Improvement Plan and submit it to the Authority. The Authority may serve a pollution abatement notice to the owner or occupier of any premises which is not complying with the Plan.

Any person who believes a "beneficial use" of a segment of the environment requires protection may request the Authority to conduct and environmental audit or undertake an investigation. The Authority may direct the protection agency to submit a Neighbourhood Environment Improvement Plan in relation to the area.

The amendment also allows for the appointment of environmental auditors.

Kellehers’ LAWPAKS
Back to the top

Kellehers is developing a series of LAWPAKS. These are booklets to provide clients with the necessary information to handle their own basic planning issues.

The current LAWPAK is titled "How to Change a Street Name" and is available through our office for $15.90.

HIH
Back to the top

In June this year the Victorian Parliament passed an Act to assist home owners who have or are likely to suffer from the collapse of HIH Insurance. The Act establishes an indemnity scheme for losses arising from building works affected by HIH, to be administered by the Housing Guarantee Fund Ltd on behalf of the State.

The indemnity fund will cover claims that were made before the collapse of HIH, but have not yet been paid, as well as future claims for damage or defects that occur within six and a half years of occupation and occupancy. Claims can also be made for losses as a result of incomplete building works. The Act authorises the Housing Guarantee Fund to direct builders to complete building works or repair defects in buildings.

Changes to the Heritage Act 1995
Back to the top

Additional controls now apply to land that has been nominated for, but not yet registered in, the Victorian Heritage Register. Some of the key changes are:

The owner of nominated land must now give notice to the Executive Director of any activities that are being carried out or are proposed to be carried out on the land, not just any activities that could adversely affect the land.

At any time before a decision has been made on the nomination, any planned changes must be notified.

The Heritage Council, not the Executive Director, is to decide that a nomination does not warrant inclusion in the Heritage Register.

A registered place may now be inspected without the previous requirement of the owner’s written consent or 2 days notice to owner. A search warrant can be obtained where it is believed there may be evidence of an offence against the Heritage Act.

Carbon Transfers
Back to the top

An owner of land can now assign ‘carbon sequestration rights’ to another person. Previously only forest property rights such as the right to plant, maintain and harvest forest could be transferred.

‘Carbon sequestration’ is defined in the Act as ‘the process by which carbon is sequestered in trees by the absorption by trees of carbon dioxide from the atmosphere.’ A carbon sequestration right is a right to commercially exploit carbon sequestered by trees.

Amendments to the legislation also include new provisions where the land is subject to a mortgage. In this case, prior to a forest property agreement being made, the owner of land must give the mortgagee at least 14 days notice of the agreement, as well as any subsequent amendments to the agreement. Such notification is not required when a carbon rights agreement is made. The Act specifically states that a carbon rights agreement is not a forestry property agreement, and is not an interest in land.

Environmental Mediation
Back to the top

The process of dispute resolution needs to change from one of ‘consultation’ to one of ‘participation’.

The community, including Councils, needs to develop an understanding of the process and opportunity for resolution outside the judicial system for mediation and dispute resolution to succeed into the future.

Back to Earlier Newsletters

Back to the top