Planning And Development Essay For Land In Victoria.

Your client has engaged you to prepare a complete planning application for the ‘Use and Development of a Single Dwelling’ at the subject site 5420 Great Ocean Road, Wongarra, Victoria.

To complete this task, you need to consider the following:
Establish the jurisdiction of the site (what local authority)
Planning Property Report (via the Responsible Authorities Planning Scheme) to establish what zone affects the land and whether any overlays also affect the land
Review a current title to see if there are any registered section 173 agreements, easements or covenants that may affect a planning application
Review any proposed development plans to establish whether they comply with the overlays and planning framework
Prepare a report assessing the application in a format including (but not limited to) the following:
a. Title Page
b. Table of Contents
c. Introduction
d. Table format of property details
i. Real Property Description
ii. Encumbrances (such as: Covenants, Easements or Section 173 Agreements)
iii. Land size
iv. Owners Name
v. Applicants Name
vi. Permit Triggers
e. Site Analysis
f. State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF) and Municipal Strategic Statement (MSS)
g. Development Assessment
i. Discussion in response to the Zone
ii. Discussion in response to the Overlay
iii. Aboriginal Cultural Heritage Triggers (if any)

Importance of Planning Process

The planning process is of fundamental importance when establishing a commercial or residential building. The consultation with the local authorities as well as the neighborhood will determine the efficiency and smoothness of operations. Therefore, prior to the actual process, any contractor and client will have to look into detail the area covered and under whose jurisdiction the building permits fall. Various clause stipulated may change over time and it is the responsibility of the contractor to ensure that his/her compliance is the most updated version.

The idea that development is continuous is to a large extent true. However, development issues are accompanied by negative factors such as environmental degradation, pollution, societal impacts among others (Envision Eugene Technical Resource Group, 2011). Considering that the major purpose of development is to increase the comfort levels within the human population, the local authorities review the various clauses from time to time. These clauses outline the purpose and responsibility of each individual involved in a development project. It is also their responsibility to enforce the clauses and as such may decline or accept.

The development of any land within a given state is usually under a specified authority. As with Victoria, the parties mandated with this responsibility are three: the authorities responsible in this case the council, the minister affiliated with planning and the VCAT (Etherton & Walker, n.d.).However, the process is complex and involves consultation with the various affiliated parties with the main concern not to infringe on any of the laws or guidelines stipulated. Land development by any client may not necessarily follow the rules of the council and if this is the case, the council may decline to approve the development (Gurran, 2007). However, a proper appeal to the VCAT by the aggrieved party may see the decision overturned. Therefore, the VCAT plays a major role in ensuring that land development in Vitoria follows the necessary steps and laws (Condliffe & Abrahams, 2010).

The laws are used to describe and regulate the planning and development activities that go on around any particular region. As a matter of fact, there are two types of planning that may be encompassed in any development: statutory and strategic planning (Etherton & Walker, n.d.). The former refers to planning that is centered on the present while the latter focuses on the long-term development of the area (March 2010). Besides the two, there are various amendments that are used in the development of the region. Moreover, there are two types of frameworks that should be followed prior to the development of any piece of land: the state planning policy framework and the local planning policy framework.

Development and Negative Factors

The state planning policy framework describes the platform through which development around the state is to be carried out (Sourdin, 2007). It is therefore written and implemented by the government of a particular state, developing and at the same time maintaining the desirable visions. On the other hand, the local planning policy framework is mainly composed of the local and municipal policies of a particular region (Albrechts, 2015). In this, the framework oversees the development of land and provides or revokes permits according to the compliance. However, the local planning policy framework has to be in sync with the state planning policy framework.

The state planning policy framework, as stated above, describes the desired values of land in line with the goals of sustainable development (Dempsey, et al., 2011). Therefore, ecology, as well as biodiversity, is a major player in the policies that are drafted by the state. In this, one major concern is the protection of the natural environment particularly the biodiversity and the ecosysystems.No planning should bring harm to an otherwise stable and sustainable ecology (Cuthill, 2010). This stipulation, therefore, requires the planners to work with other disciplines such as environment and biodiversity experts in order to ensure that the compliance is not questionable. Because various organizations have come out in defense of the ecological systems around the world, it is no surprise that attached to these principles are those of international organizations as well as the local organizations. A major national agreement on the sustainable use of land is the intergovernmental agreement on the environment (Godden & Kung, 2011). Other agreements mainly build upon the principles set in the aforementioned.in a nutshell, the protection of the biodiversity of these regions is a statutory planning approach that is meant to ensure that the natural ecosystems of the region are not affected in such a way that they may not be able to meet the needs of the future, as per the goals of sustainable development.

Because the local planning policy framework is built on the principles of the state policy framework, the major concern is that of the land use and the protection of detailed ecosystems and ecologies such as the groundwater, catchments, and waterways among others (Taylor, 2013). It is the responsibility of every municipal to ensure that the resources within the boundaries are well taken care of and the effect of urbanization and development does not compromise the ability of the stated to sustain themselves.

Authority in Land Development

Planners need to consider overlays if the development plan is to be smooth, efficient and successive. The choice of land for development may call for a developer to consider or not consider the overlay principles. This is because some lands may have an aspect of overlay while others do not have it. Overlays refer to extra rules and clauses that govern the development of certain pieces of lands (Thompson & Maginn, 2012). Some lands may contain a unique aspect of cultural diversity, heritage and even ecology.

As stated, there are various groups of professionals, besides the planners, that are involved in the development practice. The larger the group, the costly the practice becomes but the more compliant it becomes. Some of these professionals include the architect or engineer, surveyor, wildlife and ecological engineers, surveyors, geotechnical engineers, arborists, hydrologic engineers, geotechnical engineers among others. With each group of professionals comes the compliance to the local, municipal and state laws. Therefore, it is important to discuss these professionals in detail in order to ensure that the development of any piece of land is covered  

To begin with, the architect and the client need to read from the same script as a simple misunderstanding may result to drawings that do not meet the latter’s satisfaction. Buildings vary in size and shape and if there is improper consultation between the two groups, a full or half design and redraw may cost both precious time and resources. It is the responsibility of the client to detail the architect on the specifications regarding structural plans in any particular region because this, to a large extent determines compliance and the susceptibility that local authority may revoke the development plan. The location of the ventilation mechanisms, the walling structure, the land area to be covered are all the responsibility of the architect.However, a civil engineer is another profession, closely related to the architect, that the client should consult in relation to the drawing plans. Civil engineers are the group of professionals who are involved in determining the structural layout of the proposed building and determine the size and location of the various elements involved in the structural design. The structure may be a building, road, dam etc. and therefore should be in regular consultative meetings with both the aforementioned parties.

The second group of professionals is that involved in the natural ecosystems and ecologies. The ecology and natural ecosystem of any specific region should be maintained as per the statutory planning approach and therefore, the geologists, hydrologists, wildlife experts, arborists, and ecologists should be considered in the development plans (Dobson, 2007). Their input to this process is priceless and are the first group of individuals to be consulted prior to the actual implementation and design stages. To begin with, the geotechnical engineers provide much detail on the soil conditions of a particular region by using their expertise to determine the suitability of the soil for development purposes. Some regions are susceptible to erosion while others may be subject to liquefaction, mass movement etc. Most importantly, they are very useful in regions that may be described to be within an erosion management overlay (Vassey-Ellis, 2009). They furthermore provide reports on the landslip and the capability of the land to sustain the various structures proposed. On the other hand, ecologists provide a detailed report on the classification of the various plant and wildlife species on the area to be developed.

Types of Planning

The most important aspect of development is the consideration of the various land and development practices stipulated by the local as well as the state laws. Finally, the cultural heritage of a specified piece of development area may be observed by archaeologists who determine the value of the land on the basis of the detail of the materials observed. Therefore, all the parties involved in the act should be well equipped with the knowledge of the particular locality but most importantly should act as a single unit for the ultimate completion of the project. Any development proposal has to be approved by the local council and if the council declines to approve the request, a challenge to the decision is looked into by the VCAT. An example of this challenge may be observed in the development of the six-storey building at 57 Nelson place. The development of the building was on the land that was occupied by the oriental hotel building. Though the building was old, it signified the heritage of the Hobson bay district. Interestingly, the development proposal had been declined by the municipal council but this was subject to the appeal case taken to the Victorian civil and administrative tribunal. In this regard, the decision revoking the development of the new storey was overturned (Leshinsky, et al., 2012). Therefore, the building may be described to bring out some of the fundamental aspects of planning as it considers the old building to have some heritage impact on the locality. The heritage is part of the state planning policy framework as well as the municipal policy planning framework.

The client has devolved the task of developing the land and as such, has delegated all duties to our team. The preliminary investigation and report are to signify our compliance with the conditions that the client views as very suitable for development. All the documents that involve the piece of land and any government affiliations are to be used with the various members of the team to ensure that there is no breach of contract and no infringement to the property rights both to the government and to the neighborhood.

 The development of this piece of land will be intensive and is not intended to infringe on the various clauses that are stipulated under the municipal policy framework as well as the state policy framework. All in line with proper development measures, some of the professionals involved in the development of the housing as well as the disposal units will include geotechnical engineers, surveyors, architects, geologists, ecologists, civil engineers, archaeologists among others (Clark & Dickson, 2003).However, the concern will particularly be most predominant on the geologists because of the proximity of the housing units to Smyth's creek.

Property address	Great Ocean road Wongarra 3221 Street address 5420 great Ocean road Wongarra VIC3234
Property description	The land is adjacent to the government road on the western side while on the eastern side it overlooks Smithys creek.
Land size	47.53 hectares
Owners name	The barn Seaview PTY Ltd
Applicants name	N/A
Permit triggers	Subdivision Subdivision permit requirements Permit for subdivision of the land Permit for the construction of the land Permit for the construction of a dwelling
Encumbrances	Mortgage AK456628 10/07/2013 Australia and New Zealand Banking Group Limited Covenant PS423129M 08/10/1999 Encumbrances created by section 98 transfer of land act and/or  section 24 subdivision act 1998
Council name	Colac Otway shire council

The site analysis of the rea may provide significant insight into the potential problems that may arise due to the building and as such, provides a valuable source of green or red light in regards to the development (Carroll & Buchholtz, 2014).To begin with, the size of the land is approximately 49.7 hectares with the area divided into two portions each having a different purpose. However, this is as per the specification of the client and a huge portion of the compound will be bare.

State Planning Policy Framework

 The second aspect to be considered is the existing and previous land use of the area but according to the plans, the land is relatively inhabited with only the small forest covering a certain patch of the land. The development will have to consider the environmental impacts as well as the views of the arborists who may be involved in the survey and inspection of the land. Furthermore, the design will have to consider the government road that aligns itself along the perimeter of the site but on the eastern portion of the land. The fact that the neighborhood is not predominantly occupied may create some breathing space for the development because according to the plan, there are no buildings within the allocated region, with the majority of the land covered by forest and trees.

The third factor to be considered in the site analysis is the planning provisions that are to be adhered to prior to the actual planning (Coffey, et al., 2011). In this, there are four planning frameworks that will be involved: the state framework, the municipal framework, the local framework and the Colac Otway framework. These frameworks stipulate the development procedures and restrictions on such a piece of land and are therefore very useful for development purposes. The local and municipal policy framework is, by all means, an extension of the state policy framework but provides detailed input to the development phase.

Another factor to be considered in the site analysis revolves around the shape and slope of the land. In this regard, the land is predominantly flat but with a creek on the northern side while the western side is relatively sloppy giving way to the ocean beyond the perimeter wall. However, the perimeter wall on this side borders the great ocean road and adjacent to the ocean road is the ocean.

The local context of the region is as equally as important as the tract of land to be developed and as such is very useful in the planning during the construction as well as during the period when the land will be used for the intended purposes. To begin with, the regions that surround the proposed development site are predominantly bear with only the government road and the ocean road surrounding the southern and western portions of the adjacent land. However, the southern part of the land is labeled as a reserve and to the farthest end is the Smithys creek. Furthermore, the land development is relatively low with the main tracts of land covered by forests and creek. Moreover, the description of the land does not signify any hazard that may be present at the locality. This is prior to the actual site investigation which may indicate otherwise. Another description pertains the accessibility to this site and as indicated by the plan, the land is enclosed throughout with the whole perimeter showing no signs of an accessibility point. Finally, the flora and fauna of the site, as shown from the contour map, have been greatly cleared save for the small portion of land which contains a number of trees.

Local Planning Policy Framework

The details contained herein describe the development and the planning preparations of the site and as such should be taken into high consideration during the actual development process. To begin with, the development follows the principles of the state planning policy framework. However, the development involves the housing units and as such does not consider the social aspect of land development such as wastewater treatment and air purification. Furthermore, the site is highly secluded with the neighborhood comprising of large tracts of lands covered in trees and natural features such as the ocean.In line with the principles of sustainable development and the municipal policy framework, disposal measures have been set up on site and this is to serve the purpose of reducing the effluent quality of the waste generated from the site. The area is to house a residential unit and therefore there is wastewater and waste to be generated. In this regard, there are two sites within the perimeter that have been demarcated for building and effluent disposal. Proper use of the separate pieces of land will ensure that no effluent is discharged to the sea or to the flora and fauna around.

Another important aspect is the landscaping principle to be used for the development. According to the plans, the housing unit will be landscaped according to the contour alignment of the area with the parking and the housing units located at different levels within the compound. The housing unit will be at a lower level than the parking unit but will be developed according to the orientation of the land. All these factors are stipulated in the local and municipal planning policy framework ensuring that the development is as per the regulations of the area.

The local planning policies are an extension of the state planning policies and cover the development to a much detailed level. Therefore, the design and development of the land have to consider the neighborhood as well as the flora and fauna surrounding the area. To begin with, the subdivision of the plot has to maintain both biodiversity and the ecology of the locality (Jakes, et al., 2011). The land has been subdivided into two regions whereby one will have an area of approximately 4.93 hectares while the other will cover a much larger area.Furthermore, the development has considered the various social amenities that may be of use to the public such as the government road and the ocean road. The subdivision aspect that is most predominant in the municipal policy framework mainly involves two aspects of the subdivision. The first aspect revolves around regions that are subdivided into less than 10 lots while the second aspect revolves around those that are subdivided into lots that are greater than 10.The former case considers aspects such as water, access, the risks related to the landscape and the distance to threats with the most significant factor areas that pose a significant threat to the development. On the other hand, the latter revolves around roads and open space.

Overlays

The other factor to be considered is the zoning requirements of the region and basing our argument on the subdivisions indicated, the first consideration is on the permits required for the subdivision. Subdivision of lands within a residential area should be as per the clauses outlined with the subdivision into dwellings and parking spaces outlined in various clauses of both the municipal and state policy frameworks. Furthermore, a subdivision of the land into 5 areas may necessitate the need to obtain a planning permit but as per the client’s development, a building permit may not be necessary because the land is subdivided into two areas. To look into detail, there are clauses that stipulate and govern the size of the subdivision in relation to that of the neighborhood and that of the adjacent area. The building is to ensure compliance with the development of the neighbors by ensuring that the privacy, as well as the orientation of the landscaping, is maintained. Landscaping, as well as the subdivision, ensure that all the adjacent regions are in proper orientation. Therefore, considering that the development is a residential building and the land is landscaped to suit the region, the act is duly observed.

Other clauses indicate the distance from which the subdivisions should be located from the main road with distances indicated. A major issue of concern is the distance from the bus stop and considering the development of the area and the availability of two roads, the development does not infringe any of the clauses. The reserve is 30.18 meters wide and therefore provides a barrier between the subdivisions and the government road. However, on the western side, there is no barrier with the subdivision located on this side sharing the perimeter with the ocean road. Others clauses outline the need for visibility and from the road and finally, a consideration when it comes to the orientation to the ocean road and other surveillance aspects.

The landscaping issue is such a concern for any development because it outlines and determines the features available at the development site. To begin with, the design should consider protection of the features around the neighborhood and the bracket revolves around both the natural as well as the man-made features. Secondly, the landscaping should ensure that it considers the type of soil that is most predominant around the site and the development patterns of the region. The other aspect that landscaping considers is the natural habitat and in this regard, the development should ensure that it considers the natural wildlife around the area. As per the development, most of the area is covered by trees while a portion of the land to be developed is covered by specific species of the trees. The development plan has gone on to indicate the type of trees present in the patch to be developed and the development decision surrounding each.

Professionals Involved in Development Process

The landscaping should consider all the animals present in the locality and if there is any demolition of the habitats, the developers should consider the animals and select a suitable land for their continuity. Therefore, prior to the actual development, it is important to ensure that all the plants and animals whose inhabitants are to be affected are properly relocated. The development will affect the wildlife such as birds and other small species but the major concern is on the forest and tree cover surrounding the area. Maintaining the habitat is an important aspect of development for the region because of the ability to attract other people to the locality.

As with the walling units that are to be used for the development plans, there are specifications that regulate the distance of the walling unit from the rear boundary and should be observed during the building and development of the area. In this regard, it is important to observe the proposed walling unit of the area and in line with this, the spacing between the walling and the fence. Clauses outline the development of new walling units and the orientation to the whole development plan. The subdivisions indicated in the development plan are, as indicated, in line with this.

Aspects that are to be assessed are those that involve zones and overlays (Abrahams & Condliffe, 2010). To begin with, zones refer to the demarcation of specific strips of lands such as roads, buildings, and premises etc. Zoning is the responsibility of both the municipal council and the state with the clause and stipulations contained in the state planning policy framework and the local policy planning framework outlining the various requirements for development within a particular zone. Therefore, a permit, as well as a decision guideline, is required by any potential development agreement. Development plans that do not consider these factors prior to development end up having disagreements with the municipal councils which may end up in appeal cases in the VCAT.Appeal cases tend to be tedious, slow and as such may take a very long time for them to be processed leading to delays in development. The development in this particular case considers the General residential zone with but this is subject to the clauses outlined by the state and the council

The first aspect to be considered is  the design and the development of overlays. To begin with, clauses specify that buildings that are built on a single lot do not necessarily require a building permit. However, regardless of the number of lots available, the size is also a major player in the design of overlays. On the other hand, a permit is required to subdivide a piece of land but this may be overlooked if there is a schedule which does not specify the requirement of a permit.

Compliance with Local and State Laws

The second aspect to be considered in the overlay is the schedule to the design and development overlay which focuses on the area of any lot within the development region. However, the areas have different specifications according to the precinct in which the development is located. Furthermore, this subdivision may necessitate the need for a building permit with the minimum and maximum size of land stipulated in the different overlay clauses.

Another overlay aspect revolves around the environment and is encompassed in the environmental significance overlay alongside the schedule to the environmental impact overlay (Hughes & Mercer, 2009). The design considerations must consider the aspect of permits and the guidelines that are meant to be a stepping stone towards the decisions made by the planners. In this regard, permits are required for the development of a land whereby the works involve initial construction or whereby the land is to be subdivided. However, all these regulations follow specific guidelines with the bodies involved including the municipal and local policy planning framework alongside the state policy and planning framework. However, because there is an aspect of environment involved in the design and development of any piece of land, the statement of environmental significance encompasses the flora and fauna of the area.

Conclusion

Development is an aspect that is generally tedious and costly. However, any developer willing to ensure a smooth and transparent acquisition of any property has to comply with the state as well as the municipal laws. The state policy framework outlines the requirements for any development within the general state while municipal and local policy framework are an extension of the state policies.However,the local and municipal policies are implemented by the local council.

In line with the policies and frameworks, every developer has to ensure that he/she is not in a position to infringe even simplest of clauses. Clauses are the building blocks of the policies and cover various aspects such as cultural heritage, ecology and sustainability, development patterns etc. Because it is the responsibility of the local council to observe and implement the policies, any incompliance may result into a revoke of the development proposal. However, revoking of the proposal may be overturned by the VCAT after an appeal is launched.

References

Abrahams, B. & Condliffe, P., 2010. Managing Owners Corporation disputes with negotiation decision support and alternative resolution procedures. s.l., s.n.

Albrechts, L., 2015. Ingredients for a more radical strategic spatial planning. Environment and Planning B.

Carroll, A. & Buchholtz, A., 2014. Business and society: ethics, sustainability, and stakeholder management. s.l.:s.n.

clark, W. & Dickson, N. M., 2003. Sustainability science: the emerging research program. s.l.:s.n.

Coffey, B. A., Fitzsimons, J. A. & Gormly, R., 2011. strategic public land use assessment and planning in Victoria, Australia: Four decades of trailblazing but where to from here?. land use policy.

Condliffe, P. & Abrahams, B., 2010. Providing online decision support for owners corporation disputes. s.l., s.n.

Cuthill, M., 2010. strengthening the social in sustainable development: developing a conceptual framework for social sustainability in rapid urban growth region in Australia. sustainable development.

Dempsey, N., Bramley, G. & Power, S., 2011. The social dimensions of sustainable development: Defining urban social sustainability. s.l.:s.n.

Dobson, A., 2007. Environmental citizenship: towards sustainable development. Sustainable development.

Envision Eugene Technical Resource Group, 2011. Commercial Redevelopment Methodology, s.l.: s.n.

Etherton, M. & Walker, K., n.d. Planning report:76-78 Great Ocean Road, Aireys Inlet, s.l.: s.n.

Godden, L. & Kung, A., 2011. Water law and planning frameworks under climate change variability: systematic and adaptive management of flood risk. Water resources management.

Gurran, N., 2007. Australian urban land use planning: introducing statutory planning in New South Wales. s.l., s.n.

Hughes, R. & Mercer, D., 2009. Planning to reduce risk: the wildlife management overlay in Victoria, Australia2. Geographical research.

Jakes, P. J., Nelson, K. C., Enzler, S. A. & Burns, S., 2011. Community wildfire protection planning: Is the healthy forest restoration Act's vagueness genius?.

Leshinsky, R., Taylor, E. & Condliffe, P., 2012. what are they fighting about?Research into disputes in Victorian owners corporations. s.l., s.n.

March, A., 2010. Practicing theory: when theory affects urban planning. planning theory.

Sourdin, T., 2007. Dispute resolution process for credit consumers. s.l., s.n.

Taylor, E. J., 2013. Do house values influence resistance to development? A spatial analysis of planning appeals in Melbourne. s.l.:s.n.

Thompson, s. & Maginn, P., 2012. planning Australia: an overview of urban and regional planning. s.l.:s.n.

Vassey-Ellis, N., 2009. Planning for climate change in coastal Victoria. urban policy and research.