Municipal Association of Victoria MAV Submission to Plan Melbourne – Metropolitan Planning Strategy December 2013 © Copyright Municipal Association of Victoria, 2013. The Municipal Association of Victoria is the owner of the copyright in the publication MAV Submission to Plan Melbourne – Metropolitan Planning Strategy. No part of this publication may be reproduced, stored or transmitted in any form or by any means without the prior permission in writing from the Municipal Association of Victoria. All requests to reproduce, store or transmit material contained in the publication should be addressed to Gareth Hately on 9667 5596. The MAV can provide this publication in an alternative format upon request, including large print, Braille and audio. MAV Submission to Plan Melbourne – Metropolitan Planning Strategy has been prepared by the Municipal Association of Victoria (MAV) for discussion with the State Government. The MAV is the statutory peak body for local government in Victoria, representing all 79 municipalities. The MAV would also like to acknowledge the contribution of those who provided their comments and advice during this project. While this paper aims to broadly reflect the views of local government in Victoria, it does not purport to reflect the exact views of individual councils. 2 Table of Contents 1.0 Introduction ................................................................................................................ 4 2.0 Background ................................................................................................................ 5 2.1 The MAV ................................................................................................................ 5 2.2 Submission to discussion paper – Melbourne: Let’s talk about the future ............... 5 2.3 Paper on the Metropolitan Planning Authority ......................................................... 7 3.0 Comments.................................................................................................................. 8 3.1 Overview ................................................................................................................ 8 3.2 Structure ............................................................................................................... 11 3.3 Funding ................................................................................................................ 12 3.4 Partnership ........................................................................................................... 16 3.5 Priorities and work planning .................................................................................. 21 3.6 Policy coverage .................................................................................................... 23 3.6 Monitoring ............................................................................................................. 27 4.0 Conclusion ............................................................................................................... 28 3 1.0 Introduction The Municipal Association of Victoria (MAV) welcomes the release of Plan Melbourne – Metropolitan Planning Strategy. The Strategy is a critical document that will guide the future development of Melbourne to 2050. The MAV and councils believe the inherent policy principles behind Plan Melbourne are solid and many of which have a long gestation in previous Melbourne metropolitan strategies. The MAV and councils are pleased with a number of aspects of the Strategy particularly: The spatial nature and coherence of vision across Melbourne The identification and integration of key infrastructure such as ports, airports and road and rail routes The recognition of sub-regions and the opportunity for involvement of all councils in planning at a sub-regional level The establishment of the Metropolitan Planning Authority (MPA), which it is hoped will improve the coordination of State departments and agencies Establishment of a fixed Urban Growth Boundary As part of providing input in the early stages of the Metropolitan Strategy, the MAV established a Metropolitan Strategy Reference Group. The group is made up of representatives from all metropolitan councils with both elected representatives and officers. The group assisted the MAV in preparing the MAV’s submission to the discussion paper Melbourne: Let’s talk about the future and was again utilised in the preparation of this submission. A survey of the Reference Group was undertaken and a draft submission was circulated for comment. The submission does not seek to critique the policy positions articulated in Plan Melbourne as it is anticipated councils will make their own detailed individual submissions to the government. In this submission the focus is primarily on implementation and policy prioritisation. As a sector representative body, the MAV is much better placed to examine implementation issues and position councils to work cooperatively with government. 4 2.0 Background 2.1 The MAV The MAV is the peak representative and advocacy body for Victoria's 79 councils. The organisation was formed in 1879 and the Municipal Association Act 1907 appointed the MAV the official voice of local government in Victoria. Today, the MAV is a driving and influential force behind a strong and strategically positioned local government sector. Our role is to represent and advocate the interests of local government; raise the sector's profile; ensure its long-term security; facilitate effective networks; support councillors; provide policy and strategic advice; capacity building programs; and insurance services to local government. The purpose of the MAV’s input to the development of the Metropolitan Strategy is to highlight the importance of councils in providing city building infrastructure and services as well as assisting the State Government to successfully implement a critical long term strategy through both direct actions and interactions with the community. 2.2 Submission to discussion paper – Melbourne: Let’s talk about the future The MAV made a detailed submission to the discussion paper – Melbourne: Let’s talk about the future. The purpose of providing such a detailed submission was to encourage government to think about important implementation issues such as governance and funding early in the development of the Metropolitan Strategy. The submission provided a vision for the Strategy: Vision A spatial plan, with clear infrastructure commitments, that has a delivery framework that results in strengthened collaboration and partnership with local government and clarity of public and private sector investment across Melbourne. 5 With the following elements: Be an aspirational, long term plan that engenders excitement in the community Result in a spatial plan that clearly defines where key infrastructure and services are and will be located Recognise work of councils and result in strengthened collaboration between local government and regional networks Have legislated status with bipartisan support Be adequately funded with identified timeframes Align investment of various levels of government and private industry Be targeted but equitable Fill any policy gaps Provide a strategy for city to country Be founded on community values Be regularly monitored and progress reported. This was encapsulated in a diagram that outlines the elements of a successful strategy. Coordinated input from State Depts and agencies, Regional Development Australia Committees, local government, industry and community New governance structure Metropolitan Strategy Defined period of review - 5 years recommended Spatial plan Infrastructure plan Investment plan Monitoring and evaluation plan Changes to Local Government Act and Planning and Environement Act Memorandum of Understanding between State and local government Meaningful, timely and ongoing Influencing attitudes and committment 6 2.3 Paper on the Metropolitan Planning Authority In August 2013, the MAV commissioned SGS MPA MODEL AT A GLANCE • Matters of metropolitan significance formally Economics and Planning to work with the MAV defined in a State-Local Government protocol Metropolitan Strategy Reference Group to develop • MPA functions: a model for the operation of the proposed MPA (1) Stewardship of MPS (2) Co-ordination of ‘follower’ infrastructure in line with (see Attachment 1). This model was provided to MPS Government prior to release of Plan Melbourne. (3) Sponsor for ‘city shaping’ infrastructure projects (4) Planning scheme formulation for agreed areas of metropolitan significance The key aspects of this report were to identify the (5) Development approval for projects and areas of role and responsibility of the Authority giving metropolitan significance consideration to the roles of State and local (1) Arm’s length statutory authority government. (2) Board of 11 – 5 infrastructure agency heads, 5 • MPA constitution and governance: local government delegates, 1 independent chairperson The identified roles for the MPA were: (3) Resourced by transfers of staff and assets from other government departments Ownership of the Metropolitan Planning Strategy including monitoring and refining and preparing a new Strategy if required in the future Sponsor for gateway infrastructure Coordinating and delivery of follower infrastructure Planning scheme formulation for agreed areas of metropolitan significance Development approval for projects and areas of metropolitan significance. The document also set out the need for a formal and publicly available State Government - local government protocol which would confirm and re-state the subsidiarity principles, criteria and decision rules governing the planning matters to be dealt with by the Minister for Planning, the MPA and local government. 7 3.0 Comments 3.1 Overview The release of Plan Melbourne is welcomed by both the MAV and councils after a number of years of policy uncertainty. We are pleased to see the policy directions are largely supportable although it is recognised there are new elements, such as employment clusters and 20 minute neighbourhoods, which will require substantial policy development for them to have an impact on the ground. The MAV congratulates the government on its commitment to putting ‘lines on paper’ in terms of future infrastructure needs and recognises this is no easy task. This is a significant advancement from the strategies of recent years. There is substantial value in spatially illustrating the government’s intentions to enable both local government and the private sector to align their work programs and funding opportunities. The aspects of Plan Melbourne that we particularly support are: The spatial nature and coherence of vision across Melbourne The policy principles and directions The increased emphasis on transport and the identification and integration of key infrastructure such as ports, airports and road and rail routes The implementation connection to the State Planning Policy Framework The new governance arrangements through the MPA, which it is hoped will go a long way to improving the coordination of State Departments and agencies The recognition of sub-regions and the opportunity for involvement of all councils in planning at a sub-regional level. It is recognised that Plan Melbourne is a Strategy of its time and emphasis has been placed on improving economic opportunities and enhancing the movement of freight. An assumption implicit in the document is that Melbourne will grow substantially in the identified time period. While we would have liked to have seen a Strategy that focused on sustainability and equity, the drivers behind the current Strategy are understood. 8 In evaluating the Strategy, we thought it useful to consider the key criteria outlined in our previous submission to the discussion paper – Melbourne: Let’s talk about the future. The results of this evaluation are contained in the table below. The Strategy performs well on a number of fronts such as its spatial nature, its governance arrangements and its comprehensiveness. There are still, however, significant gaps in providing greater formal structure to the Strategy, financing and formalising the partnership between State and local government. To that end we have attempted to focus on these issues in the remainder of the submission. To assist government we have also attempted to: Help prioritise the directions from a local government perspective Highlight any policy gaps Provide advice about monitoring MAV criteria (outlined in previous submission) Be an aspirational, long term plan that engenders excitement in the community Score (1-10) 7 Comment Suggestion Plan Melbourne is a long term plan with aspirational elements. Greater efforts required to communicate with the broader community. Involvement in ongoing monitoring may be a useful strategy. The broader community is not yet engaged. Result in a spatial plan that clearly defines where key infrastructure and services are and will be located 6 Very positive steps toward spatial planning with key commitments demonstrated and connected spatially. Include key commitments of other portfolios in Plan Melbourne. Absence of key health, education and other essential services. The components of the plan should be: Spatial plan Infrastructure plan Investment plan Monitoring and evaluation plan 5 While the spatial resolution of the plan is good, there remains concern that there is no connection to, or commitment to develop, an infrastructure and investment plan. There is commitment in the document to a monitoring plan. Include a new Direction in Plan Melbourne to prepare an Infrastructure and Investment Plan. Develop a workplan with key priorities for the MPA with an Infrastructure and Investment Plan being an immediate action for the MPA. 9 MAV criteria (outlined in previous submission) Score (1-10) Comment Suggestion Recognise the work of councils and result in strengthened collaboration between local government and regional networks 8 The identification of subregions and the collaborative work to be undertaken in the preparation of structure plans is a positive step. Confirm in a State-local government protocol that the existing strategic work and local priorities of councils will be taken into account in urban renewal areas and strategic sites. Have legislated status with bipartisan support 0 No commitment to this has been made. The forewords by the Premier and Ministers give the document a political flavour. Include only a foreword by the Chair of the Metropolitan Planning Authority. Initiate coordinated input from State Departments and agencies, Regional Development Australia Committees, local government, industry and community 5 The coordination with transport is much improved. Input from other Government Departments and agencies seems to have been limited. Consult with other Government Departments and agencies and ensure key infrastructure is incorporated in Plan Melbourne. See the preparation of a Memorandum of Understanding between State and local government 0 No commitment has been made to an MOU between State and local government. The Metropolitan Planning Authority enters into a State-local government protocol with the MAV (on behalf of metropolitan councils) outlining roles and responsibilities. Involve a new governance structure 7 The Metropolitan Planning Authority has been established utilising the Board and staff of the Growth Areas Authority. Establishment of the MPA is supported, however, change is expected in the composition of the Board to ensure representation from local government consistent with the MAV’s paper submitted to Government (Attachment 1). Be adequately funded with identified timeframes 1 The funding element of the Strategy is unresolved. Develop a workplan with a key priority being the immediate preparation of an Infrastructure and Investment Plan. Align investment of various levels of government and private industry 3 This has not yet occurred but there is still potential for it to happen. Develop a workplan with a key priority being the immediate preparation of an Infrastructure and Investment Plan. 10 MAV criteria (outlined in previous submission) Be targeted but equitable Score (1-10) N/A Comment Suggestion N/A Can’t be scored. Fill any policy gaps 7 Comprehensive range of matters included in Plan Melbourne but still some important missing elements. Consider range of policy issues raised by councils (section 3.5) that are currently not included. Provide a strategy for city to country 5 This component, although included in the Strategy, appears to be somewhat unresolved. Consult with relevant regional councils to develop more specific directions and initiatives. Be founded on community values 6 Difficult to judge as broader community not engaged but reasonable community input into development of Plan Melbourne. Seek ongoing input of the community into the monitoring of Plan Melbourne. Defined 5 year period of review 0 No commitment to review. Include a commitment to review outside of the political cycle. 3.2 Structure Plan Melbourne achieves one of the government’s key election promises and has taken considerable time, effort and funds to deliver. It is understandable the government wishes to give prominence to the Strategy and has included forewords by the Premier and the Ministers for Planning and Transport. However, there is a fundamental dichotomy in that Plan Melbourne has a life of 37 years, during which time there is likely to be a number of different governments. The likelihood of acceptance of a Strategy with political forewords is slim, and preparing, and attempting to implement, a new metropolitan strategy every time there is a new government places a significant cost and time impost on both the State and councils. We suggested in our previous submission the Planning and Environment Act 1987 be amended so the need to prepare a strategy is enshrined in legislation as well as a designated period of review. This approach removes the strategy from the political cycle and takes away the uncertainty about when a strategy will be prepared and 11 reviewed. South Australia provides a good example of how this can be done. An extract is provided in Attachment 2. Recommendation 1 To reduce the perception that Plan Melbourne is a ‘political’ strategy it is suggested that: The foreword be changed one prepared by the Chair of the Metropolitan Planning Authority Legislation is prepared to include the need for the strategy and a period of review. 3.3 Financing Financing the implementation of Plan Melbourne remains the most challenging and pressing issue facing the government. Plan Melbourne does not put forward a new model for financing infrastructure and it is clear that existing approaches have not provided the level of infrastructure required or adequately considered maintenance requirements over time. Challenges to infrastructure financing include: Ensuring high levels of investment are maintained over many years Balancing investment on capital works, maintenance, renewals and upgrades against investment on reducing/managing demand Selecting the best-value source of infrastructure finance Ensuring new infrastructure projects receive funding for both the capital works and maintenance The opening up of new growth fronts in peri-urban areas and regional cities and towns. The MAV believes some of the opportunities for financing implementation, discussed in Plan Melbourne, are overstated. Value capture attempts have not been successful to date. The Growth Areas Infrastructure Charge was modified as a result of pressure from the landowners and can no longer be considered a value capture charge. It is also unlikely value capture will be well received in established parts of Melbourne. Likewise, the review of the developer contribution system, although welcome, will not fundamentally change the ability to fund major infrastructure. 12 The current, and projected, rates of growth will also mean growth fronts in peri-urban areas, regional cities and key towns will expand or open up. It should be acknowledged that the scale and pace of infrastructure needs in these areas will be beyond the capacity of councils to finance and manage. The MAV and councils believe, for Plan Melbourne to be successful, concerted effort must be made by the government (through the MPA) to: Prepare an infrastructure and investment plan that outlines major and subregional infrastructure proposals, prioritises those infrastructure proposals and outlines timelines and funding options. By setting out these priorities, greater opportunity exists for private or joint funding Tap into the budget process and sponsor gateway infrastructure Administer funding programs for smaller scale community infrastructure consistent with Plan Melbourne. Councils were supportive of the three funds identified (the 20 minute neighbourhood fund, the State growth areas rolling infrastructure fund and the pocket park fund). The most critical was considered to be the rolling infrastructure fund for growth areas with 95 per cent of survey respondents supporting its creation Identify an avenue for the identification and forward planning of infrastructure needs in peri-urban areas and regional cities and towns. The infrastructure and investment plan is a critical first step and should be included as a Direction in the Implementation: Delivering Better Governance objective of Plan Melbourne. This is important because: Information about whole of government priorities and current and planned investments in infrastructure is currently fragmented. While Plan Melbourne brings together initiatives relating to land, transport and waste management it does not refer to any investments in the water, energy, telecoms sectors or in social infrastructure such as education or health. Planning is undertaken 13 separately in each sub-sector, often on a project by project basis. An infrastructure and investment plan will bring together the various Department and agency plans into a single source of information about infrastructure priorities and plans. This provides a catalyst for a more coordinated and integrated approach to infrastructure planning, development and service delivery An infrastructure and investment plan enables government to see asset management as a core function of government and infrastructure managers; instilling greater emphasis on maintenance; and incorporating a life-cycle approach to infrastructure management An infrastructure and investment plan is a key input to medium and longer term budget planning. It provides a picture of the scale and sequencing of future investment and financing needs, and ongoing maintenance requirements Greater certainty is provided about the nature and timing of infrastructure projects, for the private sector. It also provides development partners with clear information about government priorities and plans for infrastructure development, and the areas where assistance is most needed. The most logical body to prepare the infrastructure and investment plan is the MPA. This should be one of the Authority’s first actions and indeed could commence with Government Departments and agencies and the sub-regional groups while Plan Melbourne is being finalised. An infrastructure and investment plan, at its most basic, would look something like the table below: Sector Energy Ref E5 Project Upgrade Estimated Cost $500 million Funding commitment Yes Funding type Timeframe 2014- 2019 G 14 Sector Ref Project Estimated Cost Funding commitment Funding type Timeframe 2014- 2019 infrastructure Water W7 Upgrade trunk infrastructure x to y $100 million Yes G Transport T1 Metro Rail (Planning) $5 million Yes PP Metro Rail $6 -8 billion Yes FG Ports P1 Port of Hastings (investigative) Airports A1 Airport link (Planning) South East Airport (Investigative) PPP $5 million $1.5 million G G Useful examples of infrastructure and investment plans the MAV are aware of include: The South East Queensland (SEQ) Infrastructure Plan and Program which seeks to provide certainty about the nature and timing of infrastructure projects in the South East Queensland region. The SEQ Infrastructure Plan was first released by the Queensland Government in 2005 and is updated annually to reflect and align with the State's latest planning and budget commitments. Contributions for funding projects in the SEQ Infrastructure Plan come from all three levels of government, with various projects having a subregional, regional or national interest. This includes federal government contributions through the Nation Building Program (formerly AusLink 2) and the Building Australia Fund. The Queensland Government funds its contributions using government cash flows, borrowings and alignment of the government's capital portfolio The Mid-West Investment Plan in Western Australia. The Plan assesses and prioritises projects into four categories: • Flagship projects – essential to the region and demonstrated need to be progressed substantially or completed within four years • High – projects that will provide significant economic and/or social benefit to the local community and demonstrate regional benefits. Essential for economic growth • Medium – projects that provide valuable social and/or economic benefits. Broad regional benefit and important for regional growth 15 • Low – provide some social and/or economic benefits as well as broader regional benefits. Worthwhile for regional growth The priorities identified were determined by sub regional communities and the Mid-West Development Committee Board South Australia is in the process of amending its Strategic Infrastructure Plan. The Strategic Infrastructure Plan has guided and coordinated the approach to infrastructure provision since 2005. It provides an overarching framework for the planning and delivery of infrastructure by all government and private sector infrastructure providers. Strategic priorities for the period between 2005-06 and 2014-15 are identified for 14 infrastructure sectors. More than 80 per cent of the priority projects in the 2005 plan have been completed or are underway Tonga (with AusAid) has prepared a National Infrastructure Investment Plan (NIIP) which outlines the Government of Tonga’s priorities and plans for major initiatives in the economic infrastructure sector (energy, telecommunications, water, solid waste management, transport) over the next 5-10 years. This plan is a remarkably simple and clear agenda for infrastructure provision. Recommendation 2 That a new Direction be included in the Implementation Objective; for the MPA to prepare an infrastructure and investment plan which outlines major and sub-regional infrastructure proposals, prioritises those infrastructure proposals and outlines timelines and funding options. 3.4 Partnership State- Local Protocol A positive and cooperative working relationship between State and local government is essential to the successful implementation of Plan Melbourne. As a planning partner, with more than 100 actions to implement under Plan Melbourne, councils will require financial and other support to give effect to the State’s vision in a timely and coordinated way. 16 A partnership is an arrangement in which parties agree to cooperate to advance their mutual interests. It is in the councils’ interests that infrastructure and other commitments in Plan Melbourne are delivered for their communities. It is in the State Government’s interest to meaningfully engage and work with local government to ensure that: Plan Melbourne is understood and accepted by the community Councils can identify and deliver complementary projects and achieve the most efficient use of their resources Infrastructure priorities can be jointly agreed and funding opportunities aligned The sub-regional groups function effectively and contribute to the streamlined operation of the MPA. The MAV is of the view the best way to support a partnership between State and local government is to enshrine the obligations of the parties in a State-Local Government Protocol. Retaining councils’ autonomy as a planning and responsible authority has long been supported by communities and we expect this will continue. The community voice in local planning must not be diminished under the new arrangements for metropolitan Melbourne. This includes not reducing discretion and community input into the future development of urban renewal and strategic sites through the introduction of VicSmart. We also expect the MPA will work with local government and not duplicate its role and recognise the existing strategic work that has been done in many areas. Councils have indicated they believe it is essential such a protocol include criteria for significant State and regional projects, obligations upon each level of government for the implementation of Plan Melbourne, criteria for urban renewal sites as well as procedures for interactions with councils. It would be beneficial for the protocol to set out the sub-regional working arrangements and resource support for the strategic work of councils. Figure 1 outlines the essential matters for a protocol. 17 Figure 1: Matters to be included in a State-local government protocol Recommendation 3 That a State-local government protocol be developed to outline the obligations of both parties, provide criteria for State/regional significant projects and urban renewal areas as well as providing parameters around the sub-regional working arrangements and appropriate resourcing for both the groups and individual councils. Regional working arrangements The MAV and councils are pleased about the sub-regional planning approach outlined in Plan Melbourne and consider this an essential mechanism to harness the input of councils and to understand, in detail, the infrastructure requirements of Melbourne. Of the survey respondents, 82 per cent said they were happy with the size and makeup of the sub-regions. Of the respondents that expressed concern, the issues ranged from differing issues/priorities for growth councils compared to inner/middle ring councils to 18 a view that regions should depend on the particular issue such as transport routes or water catchments. To assist in setting up the sub-regional groups; the MAV asked some survey questions about preferred operation of the groups, what is required to make them function effectively and what work might the groups focus on. A survey of councils has identified the preferred operation of the groups as being selfmanaged but with support and guidance from the MPA. Figure 2 shows the breakup of views about operation of the sub-regional groups. Figure 2: Operation of the sub-regional groups. The key success factors were considered to be involvement of staff with appropriate levels of authority, clear terms of reference and funding for administration and research. Figure 3 below sets out the matters councils consider to be important in the operation of the sub-regional groups. 19 Figure 3: Matters required to make the sub-regional groups work effectively. Some of the work councils consider the sub-regional groups might do includes: Agreement about significant infrastructure needs and prioritisation of infrastructure planning and delivery Service planning to meet needs Integrated Transport Strategy Infrastructure and service requirements to accommodate future growth Economic Studies Catchment Management/Coastal Management (although different spatial groupings may be required) Sub regional floor space growth analysis for retail and commercial growth each sub-region, to help give guidance for future structure plans for centres and clusters. 20 While supporting the concept of the sub-regional groups, there are two aspects of operation that we are unsure about: How government will address the competing interests of the sub-regions and the achievement of wider social and economic outcomes for Melbourne based on need. It is considered cross regional cooperation will be required to add a further filtering process to assist Government How the important input of Government Departments, agencies and the business community will be gathered as part of the structure planning process. We are also concerned the sub-regional groups will be seen as sufficient input by local government and the composition of the MPA will not be modified to include local government representation. While we recognise the composition of Boards is a difficult balance for government because of a desire to have a more skills based Boards than representational Boards; the MAV considers many of the desired skills are available in the local government sector and inclusion of Board members with local government experience would make for a more informed and collegiate approach to the future of Melbourne. Recommendation 4 That the sub-regional groups: 3.5 Be established as quickly as possible Be informed by contact with Government Departments and Agencies Understand the need to balance the demands of each sub-regional group with the broader social and economic outcomes across Melbourne. Priorities and work planning Plan Melbourne sets an ambitious program of work over the next 30 years. Almost too many of the identified solutions, however, have a short term (1-4 year) timeframe and it will be impossible to achieve completion of them all. To assist Government in tackling the range of Directions contained in Plan Melbourne councils ranked the five Directions most relevant to their day to day operations. Figure 4 below sets out the results. 21 Figure 4: What directions are most relevant to the operations of councils Councils advise the matters they most need to happen to successfully implement their priorities are coordination between State Departments, agencies and councils, additional funding and alignment of State and local government funding. This is in shown in Figure 5. 22 Figure 5: Local government priorities Recommendation 5 That consideration and weight be given to the key priorities of local government in workplanning. 3.6 Policy coverage The MAV and councils are pleased the majority of the concepts identified in the discussion paper Melbourne: Let’s talk about the future have found a home in Plan Melbourne. Councils also welcome the commitments made in Plan Melbourne to the development of established areas and urban renewal and the introduction of a hard urban growth boundary around Melbourne to stop the sprawl and protect valuable agricultural land. With our population projected to rise to 8.5 million by 2050, a permanent boundary 23 sends a strong signal to the market, and encourages a greater share of future growth and development in regional cities and towns. Councils have been calling for this for many years. Councils also support the concept of 20 minute neighbourhoods and national employment clusters although how to achieve these concepts on the ground requires considerable policy development. Clear strategies are needed that are within the capacity of land use planning to influence. Councils have, in their individual submissions, made suggestions about additional employment clusters, the boundaries of urban renewal areas and State significant industrial areas and we trust government will give consideration to these issues. It is important too, that government reconcile Regional Growth Plans with Plan Melbourne to ensure there are no gaps in coverage or inconsistencies. Macedon Ranges Shire has, for example, identified differences in treatments for a number of their towns. When asked, in an overarching sense, how important councils felt each Direction was, they indicated that Direction 3.4 Improving local travel options to increase social and economic participation, Direction 1.5 Plan for jobs closer to where people live and Direction 7.2 Better align infrastructure delivery and growth were the most important the future of Melbourne. Figure 6 outlines the overall rankings. 24 Figure 6: The importance of each direction 25 Decreased policy emphasis While the new policy concepts contained in Plan Melbourne are largely supported, these do appear to have come at a cost to some of the existing policies such as Growth Areas and Green Wedges. Councils are also somewhat concerned about policy clarity for Activity Centres. Growth areas are not so much of concern given there is strong support in the Planning and Environment Act 1987 and in other policy documents such as the Growth Corridor Plans and statutory instruments such as the Urban Growth Zone. Councils with Green Wedges, however, are concerned Plan Melbourne provides no clear direction on the vision or future of these areas. They believe Green Wedges are being devalued by their omission – ‘Where do the people who live in these areas ‘fit’ into the plan?’. There are implications too, for projects such as the Chain of Parks Project in the City of Kingston. Green Wedge policy work will be critical in absence of policy and changes to zoning controls. Plan Melbourne provides no clear direction on the role and function of each category of Activity Centre. Councils are also concerned about the existing structure plan work they have done for Activity Centres and whether this will continue to have the same status. Recommendation 6 That policy clarity and guidance be provided about Green Wedges and Activity Centres. Ongoing gaps Plan Melbourne does address many of the gaps, identified by the MAV in the Melbourne: Let’s talk about the future discussion paper, such as transport, freight and waste and environmentally sustainable building and water management. We remain concerned, however, that the Strategy does not cover and identify whole of government actions and initiatives to address critical issues such as energy, water supply, sewerage, digital technology, health, the ageing community and the 26 implications for this on health, housing and transport, community facilities, retail, natural hazards, hazard facilities and tourism. Recommendation 7 That Plan Melbourne be reviewed with the intent of addressing key policy gaps and identifying whole of government actions and initiatives for jobs in the suburbs, energy, water supply, social housing, sewerage, digital technology, health, ageing community, community facilities, retail, natural hazards, hazard facilities and tourism. 3.6 Monitoring The MAV has been fortunate to discuss, with the Department of Transport, Planning and Local Infrastructure, the preliminary thinking about the monitoring framework. The monitoring framework is one of the most critical components of successful strategy delivery and without it every element of the Strategy becomes contestable. We also consider a monitoring framework can help to give ongoing momentum to implementation and provides a vehicle for sustained engagement across government, local government, business and the wider community. The following elements are considered critical to a sustainable and useful monitoring program: There needs to be a sense of how implementation of the plan is progressing The broader outcomes – social, environmental and economic - need to be measured across metropolitan Melbourne and fed back into review and revision of Plan Melbourne The measures should be readily available and not require additional expenditure to monitor An understanding of how the dials and levers will be turned and pulled to improve performance should be provided Annual review by an ‘independent’ group. In terms of the progress reporting the following components of the South Australian model are considered useful: 27 Having a baseline Progress rating Achievability rating. The website is also very user friendly. The survey of councils outlined the following monitoring priorities: Infrastructure delivery Target for decentralisation Investment in public transport versus roads Funds match regional priorities Proportion of dwelling construction in greenfield areas versus established areas 20 minute neighbourhoods Employment trends Urban renewal Liveability standards 4.0 Conclusion The release of Plan Melbourne is a critical piece in the policy puzzle for Victoria. It will provide much needed policy certainty to local government and business alike. The MAV would like to see the final document given the status it needs to truly be a strategic document for the future of Melbourne over the next 37 years. In order to ensure the successful implementation of Plan Melbourne, the MAV also believes it is necessary for financing arrangements to be more fully explored in an infrastructure and investment plan. Councils are well placed to partner in the delivery of Plan Melbourne but greater clarity should be given to working arrangements between the MPA and councils through a State-local Government Protocol. The MAV and councils look forward to the challenges of implementation and assisting the MPA to establish sub-regional groups and identify key priorities. 28 Attachment 1 The Metropolitan Planning Authority: towards a preferred model August 2013 29 This report has been prepared for MAV. SGS Economics and Planning has taken all due care in the preparation of this report. However, SGS and its associated consultants are not liable to any person or entity for any damage or loss that has occurred, or may occur, in relation to that person or entity taking or not taking action in respect of any representation, statement, opinion or advice referred to herein. SGS Economics and Planning Pty Ltd ACN 007 437 729 www.sgsep.com.au Offices in Brisbane, Canberra, Hobart, Melbourne, Sydney 30 TABLE OF CONTENTS 1 1.1 1.2 2 2.1 2.2 2.3 2.4 INTRODUCTION Background Workshop findings and subsequent feedback MPA OPERATIONAL MODEL Mandate Constitution and governance Custody of the Metropolitan Planning Strategy Delivering and co-ordinating infrastructure to support the MPS Timely delivery of follower infrastructure to service urban development Gateway role in planning for city shaping infrastructure 2.5 Functions under the Planning and Environment Act Defining matters of metropolitan significance State-local government protocol on planning powers 2.6 Development role 2.7 Resourcing APPENDIX 1 MAV’s May 2013 statement of purpose for MPA APPENDIX 2 July 24, 2013 workshop - acceptances APPENDIX 3 July 24 workshop notes 1 1 1 2 2 2 2 3 3 4 4 4 5 5 5 1 1 6 6 8 8 1 INTRODUCTION Background In May 2013, the MAV developed a broad position regarding the roles, functions and governance of the proposed Metropolitan Planning Authority (MPA), announced by Government two months earlier. This statement of Councils’ views is shown at Appendix 1. In July 2013, the MAV commissioned SGS Economics & Planning Pty Ltd (SGS) to facilitate a further discussion amongst Council stakeholders with a view to providing Government with advice regarding a preferred ‘operational model’ for the MPA. Given the impending release of the draft metropolitan strategy, the Association was keen to make specific recommendations about how an MPA might secure successful implementation of the plan. In approaching this task, SGS mapped out a four-step method: 1. 2. 3. 4. Preparation of a short briefing paper (in PowerPoint format) canvassing the issues, key principles and basic structural elements of the MPA design. Facilitation of a workshop with the MAV planning forum, based on this briefing paper. Circulation of an interim report from the workshop, including an outline for a preferred MPA operating model Synthesis of the feedback on the interim report into a draft MAV position paper for use in ongoing discussions with State Government. The workshop was designed to address 5 key questions: 1. 2. 3. 4. 5. What functions within the ambit of the Planning and Environment Act (1987) should be performed by the MPA, and what shifts in role does this imply for the Minister, Government Departments and local government? What metropolitan planning functions outside the ambit of the P&E Act should be performed by the MPA? Given these functions, what kind of legislative mandate and constitution is required for the MPA (e.g. advisory body within the Department versus independent statutory authority)? Within this legislative mandate and constitution, what should be the governance structure of the MPA, and how should the governing board (if required) be structured and directors appointed? How should the MPA be resourced? Acceptances for the workshop are shown at Appendix 2. Workshop findings and subsequent feedback Some clear themes emerged from the workshop that laid the basis for a potential consensus on roles, function and form of the MPA. A record of major commentary made at the workshop may be found at Appendix 3. Based on the broad direction of discussion at the workshop and the commentary received on the interim report that followed, SGS has framed a specific operating model for the MPA. This is set out in the next section of this report. Although not explicitly endorsed by a ‘vote’ amongst participants, this model accords with the principal recommendations of those officers and councillors who contributed to the discussion process outlined above. 1 2 MPA OPERATIONAL MODEL Mandate The broad mandate of the MPA would be two-fold. Firstly, it would have a focus on forging a whole of Government commitment to the Metropolitan Planning Strategy (MPS), including the timely delivery of the transport, water-cycle, education, health and other infrastructure required to realise this vision for greater Melbourne. At the same time, the MPA needs to provide a forum for a ‘metropolitan voice’; that is, it ought to provide a mechanism for the smooth and constructive resolution of the inevitable tensions between metropolitan and local interests. To achieve this, the MPA governance structure should properly reflect a metropolitan constituency of citizens, as well as enjoying committed participation by key State infrastructure agencies. Constitution and governance To realise this dual mandate, the MPA would be an arm’s length statutory authority operating with oversight by an appropriate Minister, but not subject to day-to-day direction by that Minister. It would have a governing board of 11 members comprising: Five CEOs (or equivalent) of relevant State infrastructure and regulatory agencies including (1) transport, (2) planning, (3) environment, (4) economic development and (5) other (e.g. health or education etc) on a rotating basis; Five local government delegates (officer or elected) appointed by 5 regional forums of Councils representing Melbourne’s Western, Northern, Eastern, Southern and central metropolitan regions; An independent Chair appointed by the State Government. The figure overleaf summarises the key functions of the MPA and its links to the State Government and local Councils. More detail on these roles and relationships is provided below. Custody of the Metropolitan Planning Strategy The MPA would ‘own’ the Metropolitan Planning Strategy (MPS), in the sense that it would be responsible for monitoring its progress and refining it as new knowledge about urban development in Melbourne emerges through the implementation process. Should a new MPS be required in the future, the MPA would have responsibility for preparing drafts for ratification by Parliament. In effect the MPA would perform the role currently being delivered by the Ministerial Advisory Committee. 2 Delivering and co-ordinating infrastructure to support the MPS The MPA would also have a dual role in co-ordinating and delivering infrastructure in line with the MPS, reflecting two broad categories of assets: major projects which have the capacity to ‘shape’ the pattern of urban development; and facilities and services that tend to ‘follow’ the pattern or staging of development (see figure overleaf). Timely delivery of follower infrastructure to service urban development With respect to ‘follower’ infrastructure, the MPA would perform a role similar to that delivered by the Growth Areas Authority (GAA), except that its scope would extend to those parts of the established urban area that are expected to undergo significant infill or redevelopment under the MPS. That is, the MPA will work with service delivery agencies and local government to establish high level structure plans and staging schedules so that infrastructure can be rolled out in a co-ordinated way. An important part of this role relates to facilitation of, and timely provision of infrastructure for, urban development projects of metropolitan significance. These could include major urban renewal initiatives (for example, Fishermans Bend), the creation of key community and commercial hubs for metropolitan sub-regions (for example accelerated development of the Central Activities Areas) and the reinforcement of strategic employment clusters (for example, around Monash in Clayton) 3 Source SGS Gateway role in planning for city shaping infrastructure Only a small number of projects have genuine ‘city shaping’ power. Past examples include the Melbourne Underground Rail Loop, CityLink, Western Ring Road and EastLink. Current examples include the Regional Rail Link, East West Link and Melbourne Metro One. Typically, major transport investments are involved; these shift accessibility contours and therefore the locational choices of households and businesses. However, it is possible that non-transport projects can profoundly influence the pattern of urban development – for example, major university or research hospital projects. In all cases these infrastructure investments have systemic and cross-portfolio impacts ranging well beyond the initial function or purpose of the project in question. Accordingly, they deserve a special focus in planning. Simple cost benefit analysis is unlikely to reveal their true worth or impact. Because of these systemic impacts, the MPA should be the sponsor within State Government of city shaping projects. Unlike line agencies, the MPA can bring an integrating, cross-portfolio and place based approach to the formulation and evaluation of these projects. Moreover, the MPS cannot succeed unless city shaping investments are properly aligned. Once formulated, agreed and funded through the various State and Commonwealth approval forums, the MPA can ‘hand off’ the projects to other agencies for procurement. Functions under the Planning and Environment Act The MPA would ‘translate’ the principles and policy directions in the MPS into statutorily enforceable provisions in planning schemes via amendments to the State Planning Policy Framework (SPPF) and the incorporation of relevant planning documents. Defining matters of metropolitan significance The MPA would work with local government to determine the definitions, criteria and thresholds by which areas and projects of ‘metropolitan significance’ would be identified. This suite of decision rules would have regard to the subsidiarity principle; that is decisions should be made at the local community level unless it can be demonstrated that the well-being of regional or metropolitan communities will be unduly compromised. Matters and areas of metropolitan significance will ultimately need to be signed off by Parliament, as with any other fundamental element of metropolitan strategy. 4 State-local government protocol on planning powers A formal and publicly available State Government - local government protocol would confirm and restate the subsidiarity principles, criteria and decision rules governing the planning matters to be dealt with by the Minister, the MPA and local government. The MPA would be able to make planning schemes (and associated master plans, structure plans and development contribution plans) for areas that are agreed to be of metropolitan significance under the protocol. At its discretion, it may prepare planning schemes for these specific areas in its own right or may delegate all or part of this function to the host Council with appropriate guidelines. Similarly, the MPA would be the responsible authority for the determination of development applications in agreed areas of metropolitan significance and for agreed projects of metropolitan significance. It may delegate all or part of this development approval function to local government. With these arrangements in place Ministerial interventions in the planning process, including call-ins, will be rare and confined to matters of genuine State-wide significance, as per the abovementioned protocol. Development role The MPA would not carry out major urban development projects itself. This function is best performed by specific purpose organisations, as this avoids a conflict of interest in setting development rules and undertaking development. Moreover, the cultural and skill requirements of a development agency are likely to be distinctly different from those of a strategic planning agency. Any development agency would work within the frame of the MPS, and would collaborate with the MPA in terms of infrastructure co-ordination for major urban renewal, activity centre and employment cluster projects. Resourcing The MPA would be resourced by transfers of staff and assets from other government departments, most particularly the Department of Transport, Planning and Local Infrastructure (DTPLI). MPA MODEL AT A GLANCE • Matters of metropolitan significance formally defined in a State-Local Government protocol • MPA functions: (1) Stewardship of MPS (2) Co-ordination of ‘follower’ infrastructure in line with MPS (3) Sponsor for ‘city shaping’ infrastructure projects (4) Planning scheme formulation for agreed areas of metropolitan significance (5) Development approval for projects and areas of metropolitan significance • MPA constitution and governance: 5 APPENDIX 1 MAV’s May 2013 statement of purpose for the MPA APPENDIX 2 July 24, 2013 workshop - acceptances Organisation Position Title First Last Moonee Valley City Council Manager Strategic & Statutory Planning Mr Henry Bezuidenhout Mitchell Shire Council Director Sustainable Development Ms Kerrie Birtwistle Greater Dandenong City Council Director City Planning Design and Amenity Mr Jody Bosman Glen Eira City Council Co-ordinator Strategic Planning Mr Rocky Camera Yarra Ranges Shire Council Mayor Cr Jim Child Wyndham City Council Strategic Planning Co-ordinator Mr Elio Comello Whitehorse City Council Councillor Cr Philip Daw Manningham City Council Director Planning and Environment Ms Teresa Dominik Yarra Ranges Shire Council Executive Officer Strategic Planning Ms Claudette Fahy Bayside City Council Councillor Cr Felicity Frederico Yarra City Council Mayor, MAV Board Member Cr Jackie Fristacky Mitchell Shire Council Manager Strategic Planning and Environment Ms Stacey Gardiner Mornington Peninsula Shire Council Councillor Cr David Gibb Nillumbik Shire Council Manager Strategic and Economic Planning Mr Chad Griffiths Bayside City Council Mayor Cr Stephen Hartney Municipal Association of Victoria Senior Planning Adviser Mr Gareth Hately Nillumbik Shire Council Councillor Cr Bronnie Hattam Greater Dandenong City Council Group Manager Greater Dandenong Business Mr Paul Kearsley Banyule City Council Manager Development Services Mr Daniel Kollmorgen Knox City Council Director City Development Mr Angelo Kourambas Melbourne City Council Director City Planning & Infrastructure Mr Geoff Lawler Boroondara City Council Director City Planning Mr John Luppino Mitchell Shire Council Councillor Cr Sue Marstaeller Yarra Ranges Shire Council Councillor Cr Maria McCarthy Brimbank City Council Director City Development Mr Stuart Menzies Casey City Council Principal Planner Mrs Keri New Whittlesea City Council Director Planning & Major Projects Mr Steve O'Brien Knox City Council Mayor Cr Karin Orpen Yarra City Council Director City Development Mr Bruce Phillips Whitehorse City Council General Manager City Development Mrs Julie Reid Boroondara City Council MAV Board Member Cr Coral Ross Casey City Council Councillor Cr Gary Rowe Darebin City Council Manager City Development Mr Darren Rudd Nillumbik Shire Council General Manager Environment & Planning Mr Ransce Salan Moorabool Shire Council General Manager Mr Satwinder Sandhu Melton City Council General Manager Planning & Development Mr Luke Shannon Hume City Council Manager Strategic Planning Mr Michael Sharp Yarra City Council Councillor Cr Amanda Stone Brimbank City Council Executive Officer Positioning Brimbank Mr Stephen Sully Port Phillip City Council Sandridge Ward Councillor Cr Bernadene Voss Moreland City Council Manager Sustainable Development Mrs Sue Vujcevic Port Phillip City Council Manger City Strategy Ms Sandra Wade Hobsons Bay City Council Director Planning and Environment (Acting Ms Natalie Walker Cardinia Shire Council General Manager Planning & Development Mr Philip Walton Brimbank City Council Chair of Administrators Executive Manager Sustainable Future / Municipal Recovery Manager Mr John Watson Mrs Karen Watson Bayside City Council Director City Strategy Mr Shiran Wickramasinghe Manningham City Council Mayor Cr Jennifer Yang Mornington Peninsula Shire Council CEO Dr Michael Kennedy OAM Maribyrnong City Council Manager City Strategy Mr Adrian Havryluk Stonnington City Council APPENDIX 3 July 24 workshop notes Location: Conference Room, Level 1, Rydges, Melbourne Workshop Question 1: Metropolitan Planning Authority (MPA) functions within ambit of the Planning & Environment Act Strategic Planning Councils are likely to need help in devising strategies for areas of metropolitan significance. The definition of metropolitan significance would need to be underpinned by a clear rationale of what constitutes ‘metropolitan’. The main area of uncertainty is the extent to which a peri-urban municipality such as the Shire of Mitchell should be included. The opposing view holds the rationale that an MPA needs to be focused on its primary area of concern (metropolitan Melbourne), and a spatial limitation will need to be drawn to define the scope of its influence. Coordination of strategic plans needs to be the mandate of the MPA. This process is likely to also require the MPA to coordinate the efforts of multiple state departments. A major focus for the MPA should be the interim review and checkups of major plans such as the upcoming Metropolitan Planning Strategy. The MPA should also have a strong definition of what sort of strategic planning it is attempting, whether it be strategy formulation, devising, reporting, implementation etc. Once the strategic side of planning is resolved, the MPA may then look to help councils with implementation. The MPA must consult with councils in decision making. The MPA should avoid becoming too hands-on and bogged down in the details, and focus instead on the higher level strategy. The strategic planning of the MPA needs to reflect accountability, public reporting, monitoring and integrity. The lessons of the GAA need to be heeded – particularly in terms of engaging local authorities. The potential role of DTPLI was raised, with one possible model being that DTPLI would devise strategy, while the MPA would lead the implementation of the strategy. Statutory Planning There is a strong need to facilitate partnerships between local and state authorities. This partnership needs to be meaningful, equitable and participatory as opposed to tokenism. Administering infrastructure funding schemes such as Development Contributions Plans (DCPs) and the Growth Area Infrastructure Contributions (GAIC) may become problematic in terms of determining who should collect these funds and then provide infrastructure. Some ‘upward’ delegation of planning authority may well be appropriate, but needs to be well defined for it to function. This mandate should only be in relation to projects of metropolitan significance; if it degenerates into an office ‘here or there’, then this would not be palatable. It was questioned whether the MPA would just set the statutory planning framework or become more involved in the processes thereafter. Planning Schemes There is a need to establish quantifiable thresholds of what developments are considered to be of state significance as opposed to the use of motherhood statements which are unclear. This might involve a threshold based on the size of development. Councils need to be well informed about how they will still be engaged in the process of metropolitan planning. Development Approval (DA) DA should be primarily the role of local government. The MPA could provide some guidance for how the intent of the new Metropolitan Planning Strategy might be linked to local planning approval decisions. There needs to be clear rules of engagement which defines decision making, and the community will need to be able to understand these rules. Workshop Question 2: Metropolitan Planning Authority (MPA) functions beyond the ambit of the Planning & Environment Act Budget advisory / Budget gateway There needs to be a strong prioritization of major projects which will not be influenced by ‘cherry-picking’ motives. It was considered important for budgets to be prioritized to deliver outcomes where the market will not (market failure). This will be more difficult for agencies such as health and education, which do not possess an obvious pipeline of prioritized projects. For outcomes to be realistically achieved, the MPA will need to have an effective means of carrying arguments to treasury. It was noted that this MPA may not wield sufficient influence to be able to coordinate all the major departments in State Government. Infrastructure Delivery The need for better infrastructure delivery processes and outcomes was highlighted. The MPA may take on the role of a ‘coordinator’ of infrastructure delivery across regions. Alternatively, the MPA may also be a ‘vision builder’, setting the high order objectives for infrastructure planning, staging and funding. It was noted that infrastructure delivery would be more difficult to achieve in contemporary Melbourne as opposed to the smaller Melbourne which existed under the previous Melbourne Metropolitan Board of Works (MMBW). It was also noted that agencies such as VicRoads have the power to acquire land to build roads. It was queried whether the MPA would wield such a level of influence. Whilst it is important to facilitate infrastructure, the MPA should avoid ‘dabbling’ in municipal budgets. Proper infrastructure planning was considered to perhaps be more important than delivery itself. Development It was seen that the primary role of the MPA could be to lead the conceptual design of projects – coordinating, facilitating, but not actually being involved in the hands-on delivery. Development should remain the main function of Places Victoria, with the MPA taking on the development role if, and only if Places Victoria no longer existed. Workshop Question 3: The Metropolitan Planning Authority’s (MPA) legislative mandate and constitution A major consensus was reached that the MPA should undoubtedly be a statutory authority with at arm’s length from the State Government. This would usually require an independent Chairman and possibly a separate CEO. It may also possess its own budget, and not sit in or under DTPLI. It could perhaps report directly to a minister. An idea commonly raised was to appoint five regional representatives of local governments across the metropolis. There was some discussion of how the MPA might relate to other authorities, particularly in terms of communication. One possible solution raised was to have executive members of those authorities sit directly on the MPA’s board. Creating direct links and lines of communication between the MPA and Cabinet may give the MPA more authority. It was suggested the MPA should have direct public accountability for the stewardship of the Metropolitan Strategic Plan. Elements of the Greater London Authority could be drawn upon as a model for the successful running of the MPA. Above all, the MPA needs to be ‘sitting’ above the political cycle to ensure it is durable over the longer term. Workshop Question 4: The Metropolitan Planning Authority’s (MPA) governance and resourcing A possible model of governance might see a core board of three or four executive members supported by a secondary board consisting of LGA delegates from the regions – a modular board. The board of the MPA should not be too big (i.e. no more than 11 members). Board members should ideally be independent with a diverse range of skills. There was a strong preference for professionals as opposed to politicians. Board members should be selected for their skills. These individuals should be people capable of implementing the plans as opposed to just conceptualizing ideas. One idea to help assist with implementation was to perhaps have the secretary of Treasury on the MPA board. Local governments need representation on this board, so this will need to be worked out. Multi-agency presentation on the MPA board is also very important. A nine member board was raised as perhaps being the optimal configuration, with perhaps five of the members from Local Government regions and the other four being heads of State Government departments. The board members could be selected by Parliament. Initially, the MPA may draft many of its staff from existing state departments such as the GAA and DTPLI. The MPA should be independently resourced. Contact us CANBERRA Level 1, 55 Woolley Street Dickson ACT 2602 +61 2 6262 7603 [email protected] HOBART Unit 2, 5 King Street Bellerive TAS 7018 +61 (0)439 941 934 [email protected] MELBOURNE Level 5, 171 La Trobe Street Melbourne VIC 3000 +61 3 8616 0331 [email protected] SYDNEY Suite 12, 50 Reservoir Street Surry Hills NSW 2010 +61 2 8307 0121 [email protected] Attachment 2 Extract from the South Australian Development Act 1993 22—The Planning Strategy (1) In this section— "the appropriate Minister" means the Minister to whom the Governor has from time to time, by notice in the Gazette, assigned the functions of appropriate Minister for the purposes of this section. (2) The appropriate Minister must ensure that a Planning Strategy for development within the State is prepared and maintained. (3) The Planning Strategy may incorporate documents, plans, policy statements, proposals and other material designed to facilitate strategic planning and co-ordinated action on a State-wide, regional or local level. (3a) The Planning Strategy will be taken to include— (a) the Objectives for a Healthy River Murray under the River Murray Act 2003 (as in force from time to time); and (b) the objectives of the Adelaide Dolphin Sanctuary Act 2005 ; and (c) the objects of the Marine Parks Act 2007 ; and (ca) the objects under a character preservation law; and (d) the objects of the Arkaroola Protection Act 2012 , and the appropriate Minister may, as the appropriate Minister thinks fit, make textual alterations to the Planning Strategy to incorporate those objectives into the Planning Strategy. (3ab) Without derogating from subsection (3), the Planning Strategy must incorporate provisions which address any character values of a district recognised under a character preservation law. (3b) The Minister must ensure that the various parts of the Planning Strategy are reviewed at least once in every 5 years. (3c) Different parts may be reviewed at different times but any review must include— (a) an assessment of relevant trends in the strategies of the Government; and (b) an assessment of the consistency between the part or parts under review and other major policy documents and strategies of the Government that are relevant to the material under review (as determined by the Minister), (and may include other matters as the Minister thinks fit). (4) The appropriate Minister must, in relation to any proposal to create or alter the Planning Strategy— (a) prepare a draft of the proposal; and (b) by public advertisement, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the Minister. (4a) Subsection (4) does not apply with respect to an alteration of the Planning Strategy pursuant to subsection (3a). (4ab) Before making any alterations to the Planning Strategy to incorporate provisions which address any character values of a district recognised under a character preservation law (or to alter any such provisions), the Minister must (in such manner as the Minister thinks fit) consult with, and consider any submissions of, relevant councils (within the meaning of the character preservation law). (5) The appropriate Minister must— (a) make appropriate provision for the publication of the Planning Strategy; and (b) ensure that copies of the Planning Strategy are reasonably available for inspection (without charge) and purchase by the public at places determined by the Minister; and (c) ensure that notice of any alteration to the Planning Strategy is published in the Gazette within a reasonable time after the alteration is made. (6) The appropriate Minister must, on or before 31 October of each year in respect of a preceding financial year, prepare a report on— (a) the implementation of the Planning Strategy; (b) any alteration to the Planning Strategy (including the general effect or implications of any such alteration); (c) community consultation on the content, implementation, revision or alteration of the Planning Strategy; (d) such other matters as the Minister thinks fit. (7) The appropriate Minister must, within six sitting days after completing the report, cause copies to be laid before both Houses of Parliament. (7a) The report required under subsection (6) may be incorporated into (and presented as part of) the annual report of the Minister under section 21. (8) The Planning Strategy is an expression of policy formed after consultation within government and within the community and does not affect rights or liabilities (whether of a substantive, procedural or other nature). (9) The Planning Strategy is not to be taken into account for the purposes of any application, assessment or decision under Part 4 (other than Division 2 of that Part). (10) No action can be brought on the basis— (a) that a Development Plan, or an amendment to a Development Plan, approved under this Act is inconsistent with the Planning Strategy; or (b) that an assessment or decision under this Act (including an assessment or decision under Division 2 of Part 4) is inconsistent with the Planning Strategy. Attachment 3 Relevant MAV State Council resolutions October 2013 FREIGHT MOVEMENTS That the Municipal Association of Victoria calls upon the State and Federal Governments to develop effective freight and transport infrastructure projects to respond to the projected growth in port and industry movements of containers, rail and heavy vehicles in metropolitan Melbourne over the next 20 years. It is critical that the freight and transport infrastructure projects are integrated and provide adequate separation of major freight routes from residential streets and zones. FEDERAL ROLE IN PUBLIC TRANSPORT That this State Council make representations to the Federal Government to provide funding for public transport projects (in rural, regional and metropolitan areas) based on triplebottom-line assessment of the merits of each proposed project, seeking the equitable, sustainable, efficient and affordable movement of people and freight in all parts of the country. TRANSPORT FINANCING AND IMPLEMENTATION STRATEGY That this MAV State Council meeting calls on the State Government to produce a major transport financing and implementation strategy which demonstrates to the Victorian public that a broad range of transport projects can be delivered in the short to medium term in addition to the East West tunnel/link. Such a strategy would address implementation of the; • Network Development Plan – Metropolitan Rail in particular the Metro rail tunnel project; • The forthcoming network development plan for buses; • The Victorian Freight and Logistics Plan; • Auditor General recommendations regarding Developing Transport Infrastructure and Services for Population Growth Areas; • Transport priorities identified in Regional Growth/Transport Plans. • Transport priorities identified in Regional Growth/Transport Plans. A CALL TO ALL LEVELS OF GOVERNMENT FOR COMMUNITY INFRASTRUCTURE SUPPORT That the MAV advocate to the Federal and Victorian State Governments that Governments at all levels commit to early planning and significant investment in community infrastructure, especially public transport, in areas of urban growth in order to build strong, sustainable communities. STATE GOVERNMENT FUNDING FOR ADAPTATION PLANNING AND INFRASTRUCTURE DEVELOPMENT IN RESPONSE TO SEA LEVEL RISE That the MAV advocate to the State Government to establish a funding program to assist Local Government in undertaking Adaptation Planning and Infrastructure Development in response to sea level rise. May 2013 PUBLIC TRANSPORT VICTORIA NETWORK DEVELOPMENT PLAN That the MAV welcomes the publication of the Public Transport Victoria network development plan for metropolitan rail, which recognizes the priority of the Metro 1 project for building capacity in the longer term, and has the support of Infrastructure Australia. That the MAV State Council: a) calls for greater consultation in future with Councils on amendments to the plan, and a strong focus in the short to medium term is maintained on signalling improvements, procuring additional trains and grade separations. b) support the Victorian Government in seeking Infrastructure Australia funding for the Melbourne Metro, identified as a lynchpin project to enable the Public Transport Victoria Plan the capability of increased capacity. METROPOLITAN BUS SERVICE REVIEWS That the MAV calls on the State Government to affirm its commitment to the benefits of public transport by allocating funding to implement actions in the Metropolitan Bus Service Reviews completed in 2009 and 2010. INFRASTRUCTURE AND SERVICE FUNDING That this State Council call for the State and Federal Governments: a) to note: i. successive MAV and in fact ALGA motions in previous years highlighting problems in funding urban and regional public transport infrastructure, social housing, education, and health services by the States and Local Government infrastructure and services to meet population growth; and ii. fiscal imbalances between Commonwealth, State and Local Governments in meeting their responsibilities for the above; and b) to raise through all available avenues including the COAG Agenda, the need for realignment of federal funding arrangements so that levels of Government in Australia have a more efficient match between their responsibilities and their finances. September 2012 STATE GOVERNMENT COMMITMENT TO STRATEGIC PLANNING BY LOCAL GOVERNMENT The City of Port Phillip calls upon the MAV to write to the Minister for Planning seeking a commitment to supporting Local Government’s role in undertaking strategic planning for their municipalities. PLANNING CONCERNS The MAV actively lobby the State Government, and in particular the Minister responsible for the Planning and Environment Act to: amend the Victoria Planning Provisions to allow for the inclusionary zoning for public, social and affordable housing and encourage the provision of such housing where there is a need; and allow for faster decisions on applications for interim planning controls. May 2012 AMEND THE PLANNING & ENVIRONMENT ACT 1987 AND THE STATE PLANNING POLICY That the MAV advocate to the State Government to amend the Planning & Environment Act 1987 and the State Planning Policy Framework of the Victorian Planning Provisions to plan for the use, development and protection of land for the long-term interests of all Victorians in response to food security, climate change and the peaking of conventional oil. COMMUNITY INFRASTRUCTURE SUPPORT FUND That the MAV requests that the State Government introduces an ongoing community infrastructure support fund to assist in the provision of local community infrastructure in growth areas. TRANSPORT INFRASTRUCTURE IN THE WESTERN SUBURBS That the MAV advocate to the Premier of Victoria to commit to the timely provision of major road and rail infrastructure in the western metropolitan region, to accommodate the access and mobility needs of the growing population and increasing freight and associated truck movement across the western suburbs. October 2011 METROPOLITAN PLANNING STRATEGY That the Planning Minister be urged to work with the MAV and the Local Government sector to develop the engagement strategy and associated timelines for the development of the Metropolitan Planning Strategy. TRANSPORT AND INFRASTRUCTURE INVESTMENT That this MAV State Council, whilst acknowledging the Victorian Government has initiated major rail project studies for Doncaster, Rowville and airport rail, and has committed to significant investment in other rail infrastructure : Request the MAV to argue the case to the State Government for improved public transport to meet population growth and demand for public transport, and ensure that all transport projects (including road projects) are subject to proper cost benefit analysis, environmental impact statements and transparency for public accountability; Request the State Government to implement the many recommendations provided in the Bus Service reviews which were left on the shelf by its predecessor, extend key tram lines in line with member council representations, extend school bus services to other users, and ensure ‘accessibility for all’ to public transport services; Request the MAV to undertake its own body of research on public transport infrastructure gaps and needs in communities to better support representations to other tiers of government on investment shortfalls. Request that the MAV advocate to the State Government to provide its blueprint for public transport improvements and its timeline for implementation of these improvements within its current term. FUNDING FOR BICYCLE INFRASTRUCTURE That, to enable more and safer routes for cyclists, and to fulfil State and Federal Transport Ministers’ commitment to doubling the number of people cycling within 5 years, the State and Federal Governments be urged to provide significant funding for bicycle infrastructure(ie at a minimum level proportional to the number of commuter trips). UPGRADE OF BUS STOPS TO BE FULLY ACCESSIBLE That the MAV advocate to State Government to provide a dedicated stream of funding for the upgrading of bus stops to be fully accessible, as a legitimate part of the public transport network. INFRASTRUCTURE FUNDING OLD GROWTH AREA ARTERIAL ROADS That the MAV strongly advocate to the State Government Minister for Roads and Public Transport for the expansion of existing/and or the introduction of additional new funding programs to fund infrastructure improvements to old growth area arterial roads requiring upgrades to urban standards. That infrastructure funding includes a specific focus on projects that encourage the uptake of sustainable modes of transport and address the backlog of poor quality urban arterial roads, which are currently not programmed for construction. FUNDING OF ARTERIAL ROAD UPGRADE BACKLOG That the MAV request the State Government commit to reducing the arterial road backlog of required upgrades in outer metropolitan areas, in the interests of improved: Access to jobs, education, recreation, shopping and social needs; Community road safety; Service and travel time reliability for road based public transport; and efficiency for businesses investing in these regions. Freight May 2011 SUPPORTING AND STRENGTHENING PLANNING IN VICTORIA That the MAV seek support from the State Government to ensure that: Local Government and community efforts to undertake the development of effective and high quality community plans are supported by involvement and participation by State Departments and relevant agencies as stakeholders in the planning process; and An ongoing commitment is made to providing support to communities and Local Government in respect to the implementation of priority initiatives and projects identified in community plans. INCLUSIONARY ZONING That the State Government in partnership with local government develop a whole of government response to affordable housing in Victoria, including the introduction of planning mechanisms to enable Councils to require a contribution towards affordable housing from private developments (such as Inclusionary Zoning). ROLE OF LOCAL GOVERNMENT That the MAV request confirmation from the State Government that: Planning decisions will remain with democratically elected Councils and that this extends to Council in its role as a planning authority and as a responsible authority under the Planning and Environment Act; The legislative program to remove the current Development Assessment Committee (DAC) set up in October 2010 to consider all planning applications within the Doncaster Hill Activity Centre Zone, including providing advice on when/if legislative changes will be introduced to make the Committee voluntary; The Regional Victoria Settlement Framework (at clause 11.05-1 of the State Planning Policy Framework) and associated strategies relating to regional cities and centres.will continue; The sector be provided with a status update of all outstanding reviews; and, It will initiate a consultative reform of the Victorian planning system that adequately acknowledges the role of local Councils in local planning matters, the role and powers of VCAT and strengthening of the role of local Councils. METROPOLITAN STRATEGY That the MAV, through the Premier and Ministers for Planning, Water, Roads & Public Transport: 1. Call on the State Government to develop, on a bipartisan basis, a Whole of Government Metropolitan Strategy for the long term planning for Melbourne with a focus on: - addressing the increasing service and infrastructure gap facing existing established middle and outer suburbs; - funding of major road and rail infrastructure in the western metropolitan area, including augmented east /west linkages and feasibility studies for priority rail and light rail expansion - increased investment in drainage upgrades and urban flood mitigation - long term and published forward capital works programs across key agencies; and - implementation mechanisms that enable delivery of that Strategy; 2. Convene meetings of metropolitan councils to discuss the key needs of councils and content of a Melbourne Metropolitan Strategy integrated with local strategic planning objectives, services and infrastructure provision; 3. Invite transport and interface bodies under the Transport Integration Act 2010, transport providers and other relevant agencies to these meetings, to contribute to the development of the MAV input to the above Strategy and implementation plan. October 2010 PLANNING REFORM That the MAV actively pursue with DPCD and the Minister for Planning reforms and improvements to the legislative, operational and funding environment affected councils planning roles, in particular: advocate for a complete review of the Planning Scheme Amendment process, to enable more timely, efficient and effective responses to emerging community issues. urgent completion of the planning fees review, to establish the policy basis for the level of fees charged, and to establish a regime that can remain contemporary without requiring legislative change. conclude outstanding reviews to the Planning and Environment Act, but not progress with the proposed private certification of planning scheme amendments implementation of the Victorian Civil and Administrative Tribunal (VCAT) Review recommendations mechanisms to ensure local policy is given greater recognition and weight at VCAT, such as a Ministerial Statement enabling Planning Policy to be written in precise language clarification of the role of the Development Facilitation Group relative to the Priority Development Panels and councils in ‘fast tracking’ permit assessments. provision for adequate community consultation on matters referred to the DFG or the Department as Responsible Authority PRIORITY PLANNING ISSUES That the MAV request agreement from the Minister for Planning to a work program to progress and conclude reviews to support the priority planning policy issues for local government which are: completion of the review of the parking provisions in the Victoria Planning Provisions, including adequate provision of parking for holiday accommodation the proposed new Residential Zones and Activity Centre Zones setting of height limits in activity centres and transit corridors tools and mechanisms (including but not limited to inclusionary zoning) to improved provision of affordable housing reducing problem gambling through: - standard guidelines for Social and Economic Impact Assessment Statements and assessing community benefit / net community detriment - Reduced EGMs in areas of high socio-economic disadvantage improved timelines for local government to consult and respond to EGM applications complementary strategies such as universal pre-commitment systems and education and counselling services reducing adverse effects on community health, safety and wellbeing associated with licenced premises, including packaged alcohol sales in terms of their location, number and the permit approvals processes allowing councils to incorporate Ecologically Sustainable Design requirements and that the MAV work with interested Councils, DPCD and relevant organizations, to consider the development of more effective strategies for Council to amend their Planning Schemes to include local policies in support of such issues. LOCAL POLICY That the MAV continues to advocate for the Victorian Government to amend the Planning and Environment Act 1987 (the Act) to compel the Victorian Civil and Administrative Tribunal (VCAT) to not only ‘take into account’ Council Policy, but to also implement Council Policy. May 2010 PLANNING POLICY That the MAV request the State Government through the Minister for Planning to support Councils in their role as a planning authority and the responsible authority under The Planning and Environment Act (1987). October 2009 EROSION OF PLANNING ROLE AND FUNCTIONS That the MAV expresses its concerns to the State Government with the continual erosion and undermining of Council’s planning responsibilities in the Victorian Planning System and call for the termination of the current policy which exempts from the normal planning process those social housing projects with Commonwealth Nation Building and Economic Stimulus Package funding. Attachment 4: Relevant election commitments Establish an online Infrastructure Development Register of state and local government projects in Victoria to ensure that the private sector can help reduce infrastructure backlog Develop a population strategy for all of Victoria, with the aim of optimising existing infrastructure for growth Build a new outcomes based metropolitan strategy for Melbourne
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