A Planning Scheme sets out the state, regional and local planning policy requirements for the use, development and protection of land in accordance with the Planning and Environment Act 1987.

Every local government area in Victoria has a Planning Scheme, which contains content relevant to that area.

The Planning Scheme is used to inform and assess planning permit applications for land use and development within Brimbank.

Council is required to undertake a review of the Scheme every four years, in accordance with Section 12B of the Planning and Environment Act 1987. The Act states the review must evaluate a planning scheme to ensure:

• It is consistent in form and content with the directions and guidelines issued by the Minister under Section 7
• Sets out effectively the policy objectives for use and development of land in the area to which the planning scheme applies
• Makes effective use of state provisions and local provisions to give effect to state and local planning policy objectives.

The new Planning Policy Framework (PPF) introduced into the Victoria Planning Provisions (VPP) and all Victorian planning schemes through the gazettal of amendment VC148 on 31 July 2018 also meant that Council was required to translate existing planning scheme content into the new PPF format

On this basis the amendment involves the translation of the existing scheme into the new PPF format and incorporates the outcomes of the Planning Scheme Review.

The purpose of the review is to enhance the effectiveness and efficiency of the Brimbank Planning Scheme in achieving:

• The objectives of planning in Victoria
• The objectives and strategies of the Planning Scheme, including the State Planning Policy Framework and Local Planning Policy framework.

Local policy has been drafted to incorporate a review of 50 adopted Council policies and plans not previously captured in the scheme. Amendment C225brim is informed by the Brimbank Planning Scheme Review Evaluation Report 2017 and 2018 Plan Brimbank community consultation, where Council heard from over 1900 participants.

Amendment C225brim proposes to:

• Replace the Local Planning Policy Framework of the Brimbank Planning Scheme with a new Municipal Planning Strategy at Clause 02
• Insert revised local policies within the Planning Policy Framework at Clauses 11-19, and
• Amend general provisions and operational provisions consistent with the reforms to the Victoria Planning Provisions introduced by State Government via Planning Scheme Amendment VC148.

Additionally, Amendment C225brim seeks to implement:

• The recommendations of the Brimbank Planning Scheme Review 2017, and
• Other adopted council strategies, plans and policies.

The Planning Policy Framework is the new location for planning policy content in the Brimbank Planning Scheme and is located between Clauses 10 - 19. It replaces the existing State Planning Policy Framework and introduces a new three tiered approach to the Victorian Planning Provisions by integrating State, regional and local planning policy into a single policy source. Previously they sat separately, although regional level planning was not a common feature of the Scheme.

Amendment C225brim is focussed on the third tier - local planning policy.

The Municipal Planning Strategy (MPS) sets out the strategic policy directions of a municipality. It highlights the key planning matters that are important to Brimbank and provides the context for local policies.

The MPS forms part of the new - Planning Policy Framework in Clause 02 of the Brimbank planning scheme.

The context for the local policies found in Clauses 10 - 19, and includes state planning policies of particular importance to the municipality.

The MPS is strictly based on existing local policy and recently adopted Council plans and strategies. Only policy with a land use and development focus can be considered in this process, and drafting must be prepared in line with Department of Environment Land Water and Planning guidance material.

At the Council Meeting on 20 July 2021, Council considered the draft amendment documentation prepared by Council officers in consultation with from Department of Environment Land Water and Planning. Council resolved to seek authorisation from the Minister for Planning (the Minister) to prepare and exhibit Amendment C225brim to the Brimbank Planning Scheme under section 19 of the Planning and Environment Act 1987.

The Minister gave conditional authorisation to prepare and exhibit Amendment C225brim on 9 August 2021.

The conditions were administrative in nature and can be summarised as follows:

• Confirmation from Council that all new policy to be introduced is demonstrated to have been translated from a council adopted policy, plan or strategy
• Minor reference and mapping changes including an update to the reference to ‘three aboriginal parties’ (Clause 02) in accordance with recent legislated changes to the boundaries of two Registered Aboriginal Parties
• Update all amendment documentation to reflect the above changes requested as part of Authorisation.

Amendment C225brim proposes to introduce strategic directions and policy that applies to the use and development of all land within the City of Brimbank. This means that the amendment is broad in nature and everyone that lives, works, visits and travels through the City.

While Amendment C225brim introduces new content in the Brimbank Planning Scheme – this has only occurred where it has been drawn from Council adopted policies, strategies or plans. On this basis there should be no new content that hasn’t already been considered by Council and or community previously.

Amendment C225brim has been prepared in accordance with strict drafting rules set by the Department of Environment Land Water and Planning known as A Practitioners Guide to Victorian Planning Scheme Version 1.4 August 2020.

Content was required to:

• Reflect the State government reforms to Victorian planning schemes.
• Apply the rules set out in the Practitioner’s Guide.
• Revise or remove any redundant or outdated existing local content, as relevant.
• Ensure both existing and local content does not repeat State or regional planning policy.

Reflect the latest Ministerial Direction – the Form and Content of Planning Schemes.

The following principles were applied throughout the drafting process:

• Only integrate new local content with a land use planning focus into the - Planning Policy Framework
• Ensure existing local content is not repeated in a zone, overlay or particular provision in the planning scheme.
• Ensure content is relevant, necessary and proportional to good decision making
• Ensure content is consistent with the Planning & Environment Act 1987, relevant Ministerial Directions and existing State and regional planning policy