The Act amends the Planning and Environment Act 1987 to provide for the Victorian Civil and Administrative Tribunal and responsible authorities to have regard to the number of objectors to permit applications in considering whether a proposed use or development may have a significant social effect and for other purposes.
This Act inserts a new s 60(1B) in to the Planning and Environment Act 1987 to provide that, for the purposes of section 60(1)(f) of that Act, 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.
For example, if a proposal requires a permit for development for heritage reasons but the objectors to the proposal are concerned about the operation of the proposed use (which does not require a permit under the planning scheme), it may not be appropriate for the decision maker to consider the number of objectors in that case.
However, if a proposal requires a permit for use, the impact of that use on the safety or amenity of the community is a matter required to be considered under the planning scheme, and a large number of objectors raise issues that point to a detrimental effect on the safety of the community at large, it may be appropriate to consider the number of objectors in that case.
This means the decision maker will not need to look at the number of objectors if the permit is required for heritage reasons.
For further information, see the Explanatory Memorandum and the Second Reading Speech.