One Planner's Archive

Discussion Papers & Articles

Victoria's New Residential Zones
Aboriginal Cultural Heritage
Calculating Council's 60 Day Timeframe
Applying for Costs at VCAT
Amending a Planning Permit

CHMP: Small Lot Exemptions

Can a large development site, made up of multiple small lots, utilise the ‘small lot exemptions’ contained in the Aboriginal Heritage regulations? This question was put to VCAT in Hartland Group Pty Ltd v Mornington Peninsula SC [2018] VCAT 1722 VCAT. The following provides a summary of the Tribunal’s findings:

Multiple Small Lots & CHMP Exemptions

Clause 1 recently provided readers with the findings of the Victorian Civil and Administrative Tribunal (the Tribunal) in relation to what constituted “a lot”, when calculating the total Garden area. The decision in Clayton Gardens Pty Ltd v Monash CC [2019] VCAT 1138 found that:

Part 2: Struck Out but Still Alive.

Following the above findings, the permit applicant filed a new approved CHMP with Council in early 2019. However, Council advised the applicant that a new planning permit application needed to be lodged, because the Tribunal did not remit the matter back to Council as part of the previous Order.

Part 1: Partial CHMP = No CHMP

Regular readers will be familiar with the fact that if a Cultural Heritage Management Plans (CHMP) is required as part of a planning permit application, the statutory clock doesn’t start until such time the approved CHMP is supplied.

Aboriginal Cultural Heritage

Understanding Developers’ Obligations within Victoria The Aboriginal Heritage Act 2006 and the Aboriginal Heritage Regulations 2007 operate in tandem to ensure that all responsible authorities within Victoria have regard to the possible existence of items of Aboriginal cultural heritage significance, such as artefacts, places or human remains, when determining a […]