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Running head: PLANNING LAW AND STATUTORY PLANNING

Planning Law and Statutory Planning

Student’s name
Institution

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Planning Law and Statutory Planning
PART A
Introduction
The present land in question is located at 160 and 150-200 Dandenong Road, St Kilda East. This
land is owned by the local government’s elected Council and the land is expected to be sold upon
being rezoned for maximum profits. As a local government planner under the local government,
I am tasked with writing a report for the Council outlining responses for the following points:

a) What planning controls currently apply to the land?

b) What new zone and/ or overlays would be appropriate for a scheme amendment applying to
the subject land, with reasons?

c) What steps would need to be undertaken to achieve a successful amendment process, and what
might be the likely impediments to success?
The overall goal is to obtain the highest land’s sale price following a scheme amendment, while
simultaneously attaining the objectives and goals of the pertinent “planning scheme and Planning
and Environment Act of 1987”

a) Planning controls currently applicable to the land

The planning controls applicable to this land include as discussed below. In view of the
panning controls, section 6 of the PEA (1987) describes the matters provided for by a planning
scheme (Rowley, 2017). Any planning scheme is required to do the following (BRV, 2020):

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a) Ensure the planning scheme furthers the planning objectives in victoria, within the range
covered by the scheme.
b) The need for the land in question to be encapsulated under the Municipal Strategic Statement
(MSS), whether the scheme is applicable partially or fully
c) That the land conforms to the provisions relating to its use, development, conservation or
protection
Nonetheless, in the preparation and maintenance of the planning scheme the following
two methods are considered by the council in drawing from the VPP (Rowley, 2017).
1. The need to comprise of provisions considered mandatory to all Victoria’s planning schemes.
These comprise of the “State Planning Policy Framework, the specific provisions applicable to
the identified categories of utility and development, like advert and car parking signs, the
‘general provisions’ in addition to the ‘definitions’.
2. The need to comprise provisions considered pertinent to or offer effect to its local planning
policies as well as MSS. Such provisions will comprise of the pertinent state standard overlays
and zones considered in the scheme. Among these overlays and zones comprise of local
provisions as schedules to the overlay or zone

b) The new zone and/ or overlays appropriate for a scheme amendment applying to the
subject land

Generally, rezoning is ...