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:
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:
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.
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.
Over the past few months there have been a number of Red Dot decisions relating to changes to planning provisions that occur prior to a VCAT hearing, which will be of interest to readers.
Last year a number of changes were made to both the Aboriginal Cultural Heritage Act and Regulations. The changes impact the Cultural Heritage Management Plan (CHMP) processes and obligations for Victorian planning permit applicants. The following outlines some of the changes of most relevance to applicants.
In a previous article in BDAV News we highlighted the requirement for Cultural Heritage Management Plans (CHMPs) to accompany planning permit applications for high impact activities proposed in areas of Aboriginal cultural sensitivity.
A recent VCAT decision alters the Tribunal’s previous interpretation relating to when an Cultural Heritage Management Plan (CHMP) is required on land for which a CHMP has previously been prepared.
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 […]
In previous editions we have discussed the requirements of the Aboriginal Heritage Act 2006 as they relate to planning permit applications, that is, where a Cultural Heritage Management Plan (CHMP) is required prior to a permit being issued.
