Land use and development in our municipality is controlled through the Brimbank Planning Scheme. The Planning Scheme is policy based and reflects the objectives identified in the Council Plan.
The Planning and Environment Act (1987) requires us to review our planning scheme, including the MSS, regularly to ensure it is consistent with any revised Council Plan or a new strategic direction resulting from a strategic study. This was last completed in 2010.
Amending a Planning Scheme
The steps in the amendment process are outlined in the Planning and Environment Act (1987) and may take 12 months or more to complete.
A planning scheme amendment is a public process that can be technical and complex and requires us to seek authorisation from the Minister for Planning to commence and prepare an amendment. Final approval from the Minister is also required, unless the Minister has authorised us to prepare and approve the amendment.
Our responsibilities include:
- Initiating a change to the planning scheme
- Assessing requests to change the planning scheme
- Requesting the Minister’s authorisation to prepare and approve an amendment
- Processing changes to the planning scheme.
- Adopting the amendment and forwarding it to the Minister for consideration and approval.
There is no right of review if we decide not to support a request for an amendment, or if the Minister refuses to authorise the preparation of an amendment, or refuses to approve an amendment submitted for approval.
The Minister for Planning can amend any planning scheme at any time without exhibition and has guidelines for these circumstances. However the Minister would usually consult with us and with affected landowners before an amendment is approved without formal notice.
The Panel Report for Amendments C146 – Environmental Significance Overlay for the Maribyrnong River and C147 – Green Wedge has been released.
A complete list of all Council Amendments is available on the Department of Planning and Community Development Planning Scheme Amendments online website.