Purpose and Objectives of the Planning and Environment Act 1987

School: La Trobe University - Course: LAW 3PLN - Subject: Accounting

Week 4 - Public Good Purpose and objectives of thePlanning andEnvironment Act 1987(Vic) Purpose of the PE Act: Section 1: The purpose of this Act is to establish a framework for planning theuse,developmentand protectionof land in Victoria in the present and long-term interests of all Victorians. This section gives equal weight to the use, development and protection. So it is not just about the use, but also the development and protection of land. Objectives of the PE Act: This sets out 2 sorts of limbs of objectives, 1) objective of planning in Victoria and 2) objectives of the planning framework established by the act. Section 4 (1) The objectives of planning in Victoria are— (a)to provide for the fair, orderly, economic and sustainable use, and development of land; (b)to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity; (c)to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria; (d)to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; (e)to protect public utilities and other assets and enable the orderly provision and co- ordination of public utilities and other facilities for the benefit of the community; (f)to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e); (fa) to facilitate the provision of affordable housing in Victoria; (g)to balance the present and future interests of all Victorians. -430:370.10 in the planning commentary provides a clear checklist and concise discussion of each of these objectives. Conflicting objectives: 4(1)(a) requires planning to provide for the fair, orderly, economic and sustainable use and development of land. These objectives are ambitious and are clearly likely to be incomputable at times. Will fair use and development be the same for different groups of people?

Consider for instance the development of a freeway to relieve suburban traffic congestion rather than the development of trainline to the new urban fringe. It may be fair use of the development of land for people stuck in a long morning car commute from the outer suburbs to develop the freeway, but it may not be fair use or development for those living in outer suburbs without a train line who don't have access to the city for work. It may also not seem fair for those whose land is compulsory acquired to make room for the freeway of those who live close to a freeway. And then try to factor in orderly, economic and sustainable aims on top of that and you can see the difficulties in balancing these multiple interests and points of view. So how do we balance these interests? Do we take a utilitarian approach- but what would that mean for the minority, who may still continue to be marginalized if that is the process. The point is the use and development of land will always result in benefits for some and costs to others.