Review of land use classification in Victoria and South Australia

What is the issue?

Both Victoria and South Australia are undertaking unrelated but concurrent reviews of land use classification:

  • In Victoria, an Advisory Committee appointed under s 151 of the Planning and Environment Act 1987 (Vic) is considering improvements to land use terms and their definitions in Clause 74 of the VPP.
  • In South Australia, a review is being undertaken by the Department of Planning, Transport and Infrastructure into the definitions in the Development Act 1993 and Development Regulations 2008 as part of the process for development of the new Planning and Design Code.

What does it mean for me?

Both processes offer clients in each jurisdiction the opportunity to express their views about the approach to definitions of land use terms.  This can be an important consideration when preparing development proposals, being the difference between permit required, prohibited or permitted use (no permission required).

It has been suggested that the system in SA is tending towards the Victorian model of a uniform code which applies the same definition to land use classification across every municipality in the State.  In Victoria, users of the VPPs will be aware that clause 75 contains a series of nesting diagrams for particular land uses.  For example, the accommodation group spans land uses from camping and caravan park to host farms and retirement village (refer Figure One below).  The application of umbrella terms in the proposed Planning and Design Code under the new Planning Development and Infrastructure Act 2017 (SA) is one of the issues under consideration in SA. At the present time, SA does not apply the nesting diagram technique.

What are the next steps?

If these issues affect you or your clients you should consider making a submission to the relevant body.

  • In Victoria, the Advisory Committee is now seeking input on its discussion paper.

  • In South Australia, you should write to the Engagement, Education and Communications Team, Planning and Development, Development Division, Department of Planning Transport and Infrastructure

Nesting Diagram for Accommodation Group

(c) Eliza M Bergin 2018

Author: Eliza M Bergin

Eliza practises in public and commercial law. She has specialist capabilities in planning and environment law and public inquiries. Eliza appears in all major jurisdictions including Federal and State Courts, Tribunals, Inquiries and Royal Commissions. In 2019-2020, Eliza is appointed one of the Counsel Assisting the Aged Care Royal Commission. Eliza practised for 17 years as a solicitor in large commercial and government firms prior to coming to the Bar. Eliza has appeared in large, high profile, long running and often complex cases for clients. She applies a strategic and practical approach.