Planning Case Study With Special Focus On Planning Process And Practice

Aim:                                                                                                                                                                                                                        To demonstrate an understanding of the principles, statutory procedures and interpretation involved in the formal consideration, determination and review of a relatively complex and contested planning proposal, through researching, articulating and reviewing a suitable case study.

Tasks:

1. Select a suitable planning proposal that is moderately complex* and has been the subject of a review or appeal process.   In Victoria this would involve an 'Application for Review' that has been considered and determined by the Victorian Civil and Administrative Tribunal (VCAT).   Similar 'review' or 'appeal' mechanisms exist in other jurisdictions, such as the NSW Land and Environment Court.   By necessity, a selected case will have been concluded, so the statutory planning processes may have commenced some time ago.

*A suitable level of complexity will involve consideration of planning policy issues and some disputation that has resulted in an 'appeal' process being utilised (whether activated by the proponent or 'third parties' such as objectors). Unusually complicated cases may be beyond the scale of this assignment.

If you are considering a case from a jurisdiction other than the State of Victoria please seek endorsement of staff.

1. Research the history of this proposal from its beginnings (at least from the lodgment of the initial Planning Permit Application, and perhaps earlier where information may be available about the preparation of the application, such as pre‐application meetings or initial consultations).   You should select a case study where you can obtain information about the content of the initial application, reports by Council officers assessing the proposal, any changes that were made to the application early in the process, the formal notification of the proposal to interested parties, any submissions or objections regarding the application, formal consideration by officers and/or Council in determining a decision and the consideration and determination of the review/appeal.   Additionally, it would be useful if you can access media reports that reflect the views, concerns or arguments by parties to the case, informal material or consultation that may have been used, or other relevant materials (such as campaign literature where this has been produced by opponents for example or material circulated by the proponent to generate support for the project.)

Cases where the ultimate decision reversed the initial Council determination are likely to provide particular value, although this is not a requirement in selecting your case study.

[In selecting a case study, it may be helpful to approach a Council planning department and discuss suitable cases and the prospects of obtaining access to key documents, and clarifying whether there may be charges to do this.  A letter of introduction can be made available to assist you in establishing support and assistance.]

Prepare a report that provides an overview of the case, and critiques the key decisions and processes involved in the final determination.   You should reflect upon those aspects of the case that illustrate significant issues of planning policy, process or interpretation.   Consider whether you consider the outcome of the case is consistent with the apparent intent of planners, or whether the decision reflects legal or procedural interpretations that appear to obstruct achievement of the apparent planning intentions.

Introduction

The respective task would focus on addressing the individual tasks separately and complete the respective study on the Statutory Planning Case Study. The assignment will begin with a brief introduction to the planning process and also study its practice in connection with relevant jurisdiction. In the main body, the assignment will present an insight into the complexities of the various planning process as reviewed in the VCAT. Hence, to carry out the task in respective steps first part will evaluate the planning process and also study the “Application for Review” that was referred to in VCAT. Other references of a similar proposal will be collected from similar jurisdictions such as NSW Land and Environment Court. In this area, a case will be referred for better understanding.

Secondly, after presenting an insight about the complexities of the planning policy and understanding its application and also ways in which appeal is processed into the complicated cases, in this area the background of the proposal will be provided. The area would chronicle on the use of the planning process since early times and ways in which it came to practice. In the final part, a complete report shall be prepared with an overview of the case and also include the decisions as well as the process that lead to the final determination. The area would discuss the several key issues such as planning policy, process or interpretation in minute detail. The paper here, therefore, discusses the Planning and first and then based on the planning suggest the review application which is put forward after being unsatisfied with the decision given (Vcat.vic.gov.au, 2015).

VCAT is there to assist in making an Appeal or Application for Review. It is an independent tribunal that helps the individual in sorting out a variety of dispute. It generally covers the disputes cropped up in planning applications. The Council's Statutory Planning Department of VCAT would help in assisting an individual with meeting the desired expectations and also provide the necessary recommendations on whether to lodge an appeal or not. 

Below find an example of the planning under VCAT assistance;

Planning Advocate to VCAT services

Detail: To agree to the Tenders submitted to create a board of suppliers for the establishment of Planning Advocate to VCAT Services.

Background:

The Statutory planning department addresses about 70VCAT appeals every year. These planning appeals vary from highly complicated legal affairs to general matters that are connected to petty designing or construction issues (Proctor, 2004).

Generally, such appeals are managed by the respective in-house town planners, representatives of the legal board and external planning consultants. The involvement of the in-house planners would help in providing training as well as professional development scopes are also available. However the use of the external consultant help in specific expertise as well as skill and flexibility to overcome the legal representation if and when needed (Bell, 2009). 

However, after going through the detail process of the VCAT system a proper submission is prepared. Preparation of submission takes ages and then some time is further needed for a merits hearing. Complicated VCAT hearings may take two days or more. The Statutory Planning Unit for the past five years has engaged external planning consultants in the management of the VCAT appeal-sunder a 5 years contract entered into 2010 (Oldham, 2006).