We support the decision-making processes undertaken by planning and responsible authorities. These authorities include:
- Minister for Planning
- state government
- local government (councils).
Planning and responsible authorities:
- request our advice on proposed planning scheme amendments (strategic planning requests)
- refer planning permit applications to us as a statutory planning referral or a discretionary request for advice.
Our advice can influence the outcome of planning decisions.
Make a strategic planning request
Planning authorities must request our advice if a proposed planning amendment:
- triggers Ministerial Direction 19: Amendments that may result in impacts on the environment, amenity and human health
- includes a buffer area overlay.
We can also support planning authorities to meet their responsibilities under Ministerial Direction 1: Potentially contaminated land.
Email the request with supporting documents to development.advisory@epa.vic.gov.au.
What to include in the request
A strategic planning request should include:
- description of the relevant circumstances under clause 2 of Ministerial Direction 19
- description of the strategic planning matter, including any:
- draft local policy
- supporting plans
- other relevant documentation
- existing and proposed zones, overlays and land uses
- previous and nearby industrial land uses
- any previous advice from us about this matter
- council, associated stakeholder or proponent contact details
- a response to relevant guidelines and legal requirements, including ministerial directions and Planning Practice Notes
- an assessment of risk, including any technical assessments to support the proposal.
When the proposed amendment is on or near land that's potentially contaminated, the request should also include:
- planning or building permit history
- council records, such as rates records
- aerial photos
- adjacent land uses
- previous zoning or overlays
- how the amendment complies with guidance and policy about potentially contaminated land
- any reports documenting:
- investigations
- assessments
- sampling
- validation of the subject site by an environmental consultant or environmental auditor
- any environmental assessment reports or environmental audits of nearby land
- any known or potential contamination on nearby properties or groundwater
- evidence that the land can be remediated to a level that would make it suitable for the proposed use, such as a clean-up plan or site remediation strategy.
If the land is assessed as not potentially contaminated, state this in the amendment documentation.
Buffer area overlay
When the proposal includes applying a buffer area overlay, include:
- a documented history of compliance with all relevant laws, regulations and standards (and any applicable licences or approvals) relating to offsite impacts or land use compatibility, including those administered by us and other relevant authorities
- information to demonstrate that all reasonably practicable measures to minimise future offsite impacts have been considered and exhausted
- consideration of potential unintended offsite impacts.
For more information, visit Planning Victoria's Planning Practice Note 92: Managing buffers for land use compatibility.
Potentially contaminated land under Ministerial Direction 1
When seeking our advice on a proposed amendment where there's potentially contaminated land as defined by Ministerial Direction 1, include:
- how the amendment complies with guidance and policy about potentially contaminated land
- a history of previous and current uses of the land
- a history of previous and current uses of the surrounding sites
- evidence of the current and previous zone and any overlays and relevant provisions
- a site layout plan showing the features of the subject site and surrounding sites
- any reports that document investigations, assessments, sampling, or validation of the subject site
- any remediation by a suitably qualified environmental professional or environmental auditor
- any environmental assessment reports or environmental audits of nearby land
- any known or potential contamination on nearby properties or groundwater
- evidence that the land can be remediated to a level suitable for the proposed use, such as a clean-up plan or site remediation strategy.
If the land is assessed as not potentially contaminated, state this in the amendment documentation.
What happens next
Our planning officers will contact the planning authority to discuss the timeframe for our response.
If we need to consult environmental experts, we work with the planning authority to communicate expected delays.
Statutory planning referrals and notifications
Under the Planning and Environment Act 1987 (the Act),responsible authorities must refer certain types of planning permit applications to us.
Responsible authorities can also notify us about any application where our advice may support their decision-making.
Email referrals and notifications to development.advisory@epa.vic.gov.au.
Our role is to assess planning permit applications for impacts on human health and the environment from pollution and waste.
We determine if we need to respond to a planning permit application. Our response might be:
- a short email reply
- high level or general advice
- detailed such as a full technical assessment.
We may ask the planning permit applicant for more information.
Common risks associated with planning permit applications include:
Referrals
Under the Act, we're a determining or recommending statutory referral authority for planning permit applications which involve:
- development or operating licences under Part 4.4 of the Environment Protection Act 2017
- licence amendments under Part 4.3 of the Environment Protection Act 2017
- land used for an industry or warehouse for a purpose listed in the table to clause 53.10 where the buffer threshold distance is not met, or no threshold distance is specified
- cattle feedlots for 5,000 or more cattle
- extractive industry, if the land is intended to be used for landfill at a future date
- amendments to existing wind farm permits.
For these planning permit applications, the responsible authority must refer the application to us.
Where we are a determining referral authority:
- a planning permit cannot be issued if we have objected to the permit
- any permit conditions we have suggested must be included
- our advice must be considered in deciding on the application.
When referring a planning permit application to us, provide:
- a complete copy of the planning permit application
- all information required by the Planning and Environment Act and Planning and Environment Regulations 2015
- any relevant history of the site and surrounding area, including enforcement actions undertaken by the local council or other authorities.
Permit applications should include an assessment of risks to human health and the environment. This assessment should clearly state:
- what risks are relevant
- how significant these risks are, and
- how the risks can be prevented or mitigated.
For high-risk sites, this should include clear operational and design considerations that demonstrate how risks have been addressed.
For more information about the referral process, refer to Planning Victoria's Planning Practice Note 54: Managing referrals and notice requirements.
Notifications
A responsible authority must notify us of a planning permit application where the planning scheme requires it.
A responsible authority can also notify us of any planning permit application where they believe:
- we may have an interest
- our input will support their decision-making.
Separation of incompatible land uses is an important consideration to protect the community from industries and activities that pose health, safety and amenity risks. Separation distances are often used as a planning tool to manage and mitigate these risks by keeping conflicting land uses apart.
For more information, refer to our Separation distance guideline.
A responsible authority can contact us for support in considering a reduction to separation distances.
How we respond
Our response depends on whether we are:
- a determining statutory referral authority
- a recommending referral authority
- an interested party.
As a determining statutory referral authority
When we're a determining statutory referral authority under the Act, we must consider every application referred to us. We may tell the responsible authority in writing that we:
- do not object to the granting of the permit; or
- do not object if the permit is subject to conditions specified by us, or
- object to the granting of the permit on any specified ground.
If we object, the responsible authority must refuse the planning permit application.
As a recommending referral authority
When we're a recommending referral authority under the Act, we must consider every application referred to us. We may tell the responsible authority in writing that we:
- do not object to the granting of the permit; or
- do not object if the permit is subject to conditions specified by us, or
- object to the granting of the permit on any specified ground.
As an interested party
When we are notified because the responsible authority believes we may have an interest or we can help with their decision-making, we:
- do a preliminary assessment of the risk posed by the proposal
- determine if our advice is needed
- proceed with a full assessment if warranted.
We respond within the required statutory timeframe. If we need more time, we contact the responsible authority as early as possible.
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