Urban Planning and Planning Law In Melbourne

Part A: Processes and Analysis

Q. You are a member of an activist group against inappropriate development in your local area. A development company is currently lobbying Council before formally seeking to commence an amendment to change any planning zone/s and overlay/s on land it holds an option to purchase at 230 Alexandra Parade, Fitzroy, Vic 3065. The expectation is that once the land is rezoned the development company will lodge planning application/s to use and/or develop the land.

Your job is to write a report with planning reasons to be submitted to the Council outlining responses to the four points below, with the overall goal of preventing the commencement of the amendment process; concurrently arguing to Council that any amendment that goes against the goals and objectives of the relevant planning scheme and Planning and Environment Act (1987) is inappropriate:

1. What planning controls currently apply to the land?
2. What zones and or overlays would you expect the developer to reasonably seek in this location?
3. Why do you oppose the rumored/ expected new zone and/ or overlays on the land, with reasons including reference to the provisions you believe are appropriate?
4. What next steps might occur in the amendment process and what do you recommend Council do?

Notes:

1. There is no need to visit the site. This is a desktop exercise (given that many people cannot travel).
2. This is not intended as property or real estate question, so you can make assumptions about the types of uses and developments that might be sought by developers.

Part B: Argued Case

Processes used to acknowledge and protect indigenous heritage and cultural understandings are not adequately integrated with the approaches used to manage and protect cultural heritage in the Planning and Environment Act (1987). Make an argument in response to this statement, using references to parts of relevant acts, entities, VPP, case law, or examples as appropriate.