Planning Scheme Amendments

From time to time, changes to the Planning Scheme are proposed to reflect new circumstances or to improve the scheme. Planning scheme amendments often change the way land can be used or developed. They may involve a change to a planning scheme map, such as a change to the zoning of the land, commonly referred to as a 'rezoning', or a change to the Planning Scheme ordinance, the written part of the scheme, or both. Amendments are submitted to the Victorian Minister for Planning for consideration and approval.

Anyone can ask a planning authority, in most cases this is a municipal council, to prepare an amendment. A proponent must be able to demonstrate to the planning authority adequate justification as to why an amendment should be prepared. It is advised that proponents should discuss their proposals with one of Council's strategic planning officers prior to making a request to amend the planning scheme.

Presently there is no right of appeal against Council's decision on the merits of rezoning and there is no refund of fees for an unsuccessful rezoning applications. A partial refund may be available if the application is withdrawn before Council makes a decision or if Council resolves not to exhibit a proposal for the rezoning/amendment. The key steps in considering a rezoning application are:

Analysis of any submissions and a Report to Council on the rezoning proposal
Decision by Council as to whether to proceed with the draft amendment
Referral to the State Government's Review Panel
Agreement of the Department of Planning for the preparation of an amendment
Referral to public authorities
Public exhibition of draft amendment
Report back to Council regarding results of exhibition, submissions etc, for resolution on whether to proceed with rezoning
State Government appointment of a planning panel if required
Report to Department of Planning and Community Development requesting approval of amendment by the Minister of Planning
Approval
Notice in Government Gazette

During the exhibition of an amendment, the public has an opportunity to comment on its content. Apart from placing an advertisement in the newspaper advising the community of the exhibition, Council will notify in writing those residents and property owners it feels may be affected by the amendment. Council must take into consideration submissions from the public when it makes a decision whether or not to proceed with the rezoning.

Current Planning Scheme Amendment Proposals

Project	Proposal	Status
C39 Bulky Goods Amendment View Proposal C39 >	The amendment proposes to rezone land at Princes Drive, Morwell and Princes Highway and Stammers Road, Traralgon East from Industrial 1 Zone (IN1Z) to Business 4 Zone (B4Z); Introduce Design and Development Overlay (DDO) Schedule 9 and Development Plan Overlay (DPO) Schedule 4 to both sites and alter clauses 21.05 and 21.07 of the Municipal Strategic Statement in the Latrobe Planning Scheme.	Amendment C39 was split it into two parts; Part 1 – Traralgon site, Part 2 – Morwell site. Part 1 was approved by the Minister for Planning on 30 June 2011. Part 2 was approved by the Minister for Planning on 23 February 2012
C26 Latrobe Regional Airport & Surrounds View Proposal C26 >	Amendment C26 establishes a planning framework within the Latrobe Planning Scheme that will ensure the delivery of development priorities at the Airport while protecting both the current and future airfield operations from inappropriate development occurring on surrounding land.	A Planning Panel was appointed on 21 December 2011 to hear the remaining submissions to the Amendment. The Planning Panel Report was received on 6 February 2012.
C53 Rezoning of Land from Farming Zone to Public Use Zone Schedule 2 - Education, at Lawless Rd Churchill View Proposal C53 >	This amendment has been prepared by the Latrobe City Council, (which is the planning authority for this amendment) and has been made at the request of Beveridge Williams & Co Pty Ltd on behalf of the land owner, Monash University. The amendment applies to approximately 36.5 hectares of land fronting Lawless Road, Churchill.	Exhibition Closed Amendment is currently on hold at the request of the applicant.
C9 View Proposal C9 >	Amendment C9, carried out in partnership with West Gippsland Catchment Management Authority, proposes to introduce new flood provisions to the Latrobe Planning Scheme. The amendment applies to land throughout the municipality that are likely to experience active flood flows, hazardous flood flows as well as to areas subject to mainstream flooding. The amendment will affect both public and private land. The new flood provisions are based on updated data from four flood studies carried out in Latrobe City namely, the Flood Data Transfer Project (2000), Traralgon Floodplain Management Study (2000), Narracan Creek Flood Study (2007) and Waterhole Creek Flood Study (2007), together with revised mapping for three smaller towns provided by the West Gippsland Catchment Management Authority (WGCMA).	Council resolved at its 21 November 2011 Ordinary Council Meeting to adopt Amendment C9. Amendment C9 is currently under consideration by the Minister for Planning
C58	This amendment has been prepared by the Minister for Planning, (which is the planning authority for this amendment) and has been made at the request of Latrobe City Council. The amendment proposes to rezone over 300 hectares of land in Churchill, Moe/Newborough, Morwell and Traralgon into Residential 1 Zone and apply a Development Plan Overlay. The amendment is consistent with the Structure Plans for Churchill, Moe/Newborough, Morwell and Traralgon. The Minister for Planning has used Section 20(4) of the Planning and Environment Act 1987 to exempt this amendment from any of the requirements of sections 17, 18 and 19 of the Act or the regulations.	The Amendment is under consideration by the Minister for Planning.
C71 Correction of Anomalies	Latrobe City Council is currently undertaking a Technical Amendment in response to the identification of several mapping anomalies and errors in the Latrobe Planning Scheme, Latrobe City Council has requested the Minister for Planning to intervene under section 20(4) of the Planning & Environment Act 1987 and amend the Latrobe Planning Scheme to correct these anomalies. The anomalies have been identified by planning staff and through enquiries from landowners. The changes are being made to more accurately reflect the ownership and use of the land.	Amendment documents, including an explanatory report and a planning scheme map outlining the proposed changes and the reasons for these changes have been sent to the 31 effected landowners. Written submissions close on the 19 March 2012. If you have any further questions please contact Leah Harper, Strategic Planning Officer on (03) 5128 5597 or via email leah.harper@latrobe.vic.gov.au ;

Planning Scheme Amendments

Current Planning Scheme Amendment Proposals

C39

C26

C53

C9

C58

C71

Related Links

Latrobe City Fact Sheets