Planning and Environment Act 1987

Before deciding on an application, the responsible authority must consider—

the relevant planning scheme; and

the objectives of planning in Victoria; and

all objections and other submissions which it has received and which have not been withdrawn; and

any decision and comments of a referral authority which it has received; and

any significant effects which the responsible authority considers the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development; and

any significant social effects and economic effects which the responsible authority considers the use or development may have.

Before deciding on an application, the responsible authority, if the circumstances appear to so require, may consider—

the approved regional strategy plan under Part 3A; and

any amendment to the approved regional strategy plan under Part 3A adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and

the approved strategy plan under Part 3C; and

any amendment to the approved strategy plan under Part 3C adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and

the approved strategy plan under Part 3D; and

any amendment to the approved strategy plan under Part 3D adopted under this Act but not, as at the date on which the application is considered, approved by the Minister; and

any relevant environment reference standard within the meaning of the Environment Protection Act 2017; and

any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017; and

any other strategic plan, policy statement, code or guideline which has been adopted by a Minister, government department, public authority or municipal council; and

any amendment to the planning scheme which has been adopted by a planning authority but not, as at the date on which the application is considered, approved by the Minister or a planning authority; and

any agreement made pursuant to section 173 affecting the land the subject of the application; and

any other relevant matter.

For the purposes of subsection (1)(f), the responsible authority must (where appropriate) have regard to the number of objectors in considering whether the use or development may have a significant social effect.

The responsible authority must not grant a permit which allows the removal or variation of a restriction (within the meaning of the Subdivision Act 1988) unless it is satisfied that the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer—

financial loss; or

loss of amenity; or

loss arising from change to the character of the neighbourhood; or

any other material detriment—

Despite subsection (1)(c), if no notice is required to be given under section 52(1) or 57B or the planning scheme of an application, the responsible authority is not required to consider any objection or submission received in respect of the application before deciding the application.

If an application for a permit is of a class that is exempted by a planning scheme wholly or in part from the requirements of subsections (1)(b) to (f), (1A) and (1B), the responsible authority is not required to consider the exempted matters before deciding the application.

Subsection (2) does not apply to any restriction which was—

registered under the Subdivision Act 1988; or

lodged for registration or recording under the Transfer of Land Act 1958; or

created—

The responsible authority must not grant a permit which allows the removal or variation of a restriction referred to in subsection (4) unless it is satisfied that—

the owner of any land benefited by the restriction (other than an owner who, before or after the making of the application for the permit but not more than three months before its making, has consented in writing to the grant of the permit) will be unlikely to suffer any detriment of any kind (including any perceived detriment) as a consequence of the removal or variation of the restriction; and

if that owner has objected to the grant of the permit, the objection is vexatious or not made in good faith.

If an application for a permit to remove or vary a restriction referred to in subsection (4) was made on or after 25 June 1991 and the responsible authority had made a decision in respect of the application before the commencement of section 15 of the Planning and Environment (Amendment) Act 1993, the Tribunal must determine in accordance with subsection (5) any appeal under this Act in respect of that decision.

Nothing in subsection (4), (5) or (6) affects the validity of a permit to remove or vary a restriction issued under this Act before the commencement of section 15 of the Planning and Environment (Amendment) Act 1993.