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ARTICLE · 15 JUNE 2015

Victorian Planning Bill makes the number of objectors a relevant consideration for decision-makers

The proposed changes afford decision-makers the express means by which to consider the objections to a planning proposal.

AustraliaReal Estate and Construction

Key Points:

The proposed changes are a conscious step by the Victorian Parliament to afford decision-makers the express means by which to consider strong objections to a planning proposal.

If passed, the Planning and Environment Amendment (Recognising Objectors) Bill 2015, introduced to the Victorian Parliament on 26 May 2015, will require responsible authorities and the Victorian Civil and Administrative Tribunal (VCAT) to have regard to the number of objectors when considering whether a proposed use or development may have a "significant social effect".

Currently, under the Planning and Environment Act 1987 (Vic), responsible authorities are required to consider, amongst other things, "all objections and submissions which it has received and which have not been withdrawn" (section 60(1)(c)). However, they are not otherwise obliged to consider the number of objectors per se.

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