Is The National Trust Principle History? How Victoria's Planning Reforms Could Change Permit Decision-making

There has been significant focus on the ‘big picture’ amendments to planning in Victoria. The changes passed under the Planning Amendment (Better Decisions Made Faster) Act 2026 (Amendment Act), which commences no later than 29 October 2027, include three planning permit application categories, compressed decision-making timeframes for type 1 and 2 planning applications, confined third-party notice and review rights, and enhanced enforcement and penalty provisions, among other changes.

A less-discussed aspect of the Amendment Act, however, has the potential to upend, or partially upend, the longstanding ‘National Trust’ principle. The principle has traditionally limited councils, the tribunal and courts to considering matters relevant to the purpose of the particular planning control under which a permission is sought. The new provision allows local government to specify, through planning scheme amendments, which considerations and policy clauses are relevant to particular planning