Mildura Planning Scheme Amendment C104mild

Implementation of the Planning Scheme Review and Planning Policy Framework

Current Status

Completion of the Amendment (Gazettal)

The Minister for Planning has published a notice of the approval of the amendment in the Victorian Government Gazette on 24 March 2023.

From this date the approved changes to ordinance, mapping, reference, incorporated and background documents will now be reflected in the Mildura Planning Scheme.

A copy of all documents relating to the amendment can be found on the Department of Transport and Planning website:  https://planning-schemes.app.planning.vic.gov.au/Mildura/amendments/C104mild

Following the gazettal of Amendment C104mild landowners with post-gazettal queries about future land uses and development for their land, may now direct their queries to Council's Statutory Planning Team, who will be able to assist them. 

Any other queries regarding the amendment should be directed to Manager Strategic Projects, Kate Henschke on 03 5018 8100 or the Strategic Planning Team.

Next Steps

Council is now considering the Minister’s changes to the amendment, preparing its response to these and attending to outstanding matters.

Background Progress & Timeline

Amendment C104mild gives effect to both the Planning Policy Framework (PPF) translation and the adopted recommendations of the Mildura Planning Scheme Review Report, April 2019 along with other adopted reports.

Approval of Amendment (with Minor Changes) 24 February 2023

Council advises that the Minister for Planning has approved the amendment (with minor changes) on 24 February 2023.

On review, the Minister’s approval is largely in accordance with Council’s stated position, following adoption of Amendment C104mild by Council at its ordinary meeting on 26 May 2022.

In essence the Minister has approved the work, subject to a few further minor changes, many of them noted as administrative and operational in nature and requiring no further response from Council at this time.

The approval of the amendment is a long-awaited positive outcome for Council, in terms of the lengthy process and significant resources required to undertake the translation of the Mildura Planning Scheme into the new state government, Department of Transport and Planning (DTP) format, over the past several years, commencing with the Planning Scheme Review project in 2018.

Adoption, Finalisation and Approval Request

Council formally adopted Amendment C104mild as exhibited (subject to changes in accordance with the recommendations of the Independent Panel) at its Ordinary Meeting on 26 May 2022.  Council meeting Agendas and confirmed Minutes, are generally available from Council's website for download.

Since the adoption in May 2022, Council has finalised the amendment documents, and forwarded them to the Minister for Planning, requesting her approval. 

The amendment was lodged with the Department of Environment Land Water and Planning (DELWP) via the Department's Amendment Tracking System, for a decision by the Minister for Planning with regard to Approval of the Amendment, on 6 July 2022.  Since that time the amendment has been under consideration by the Department.  The amendment was approved (with minor changes) 24 February 2023.

Community Engagement - Exhibition, Submissions and the Panel Process (October 2021 to April 2022)

The amendment documents (as exhibited) remain available on the Department of Transport & Planning (DTP formerly the Department of Environment Land Water and Planning DELWP) Website here.  The exhibition gazettal notice, is also available to view and download and provides information about how the community was able to be involved in the consultation undertaken.

Submissions to this Amendment closed Monday 18 October 2021.  

Council collated the submissions received to 12 October 2021 into a single document, that can be viewed at the bottom of this page.  Names of submitters are included in the document but private contact information has been redacted from the document.

Note: Submissions provided are considered public documents and issues/matters raised therein (including authorship) may be reported to Council in an open Council meeting agenda and posted on Council’s website. 

Council confirmed its position on submissions received during exhibition by adopting the proposed Response to Submissions Summary at its 22 December 2021 meeting and referring all submissions to an Independent Panel appointed by the Victorian Minister for Planning.

The Panel Hearing date was confirmed at the Directions Hearing (3 March 2022) and was held online on Wednesday 30 March 2022.  Parties who had requested to be heard participated online via MS Teams. 

Panel Hearings are public proceedings and community members were able to watch the Panel Hearing live via a YouTube link.

**Please note: Council was directed that the hearing not be recorded. This means that a replay of the proceedings is not available.

The Panel considered submissions referred to it and provided its report, including recommendations to Council (8 April 2022).  Please find a copy of the Panel Report available for download at the bottom of this page.

Timeline

Event	Date
Request for Authorisation to Prepare Amendment Lodged	30 September 2020
Approval to Prepare Amendment Received from the Minister for Planning	4 May 2021
Exhibition of Amendment	20 August 2021 to 18 October 2021
Submissions to the Amendment Assessed and response prepared	mid-October through November 2021
Submissions Reported to Council for Consideration	Adopted 22 January 2022 Council meeting
Directions Hearing	3 March 2022
Panel Hearing	30 March 2022
Panel Report is Prepared and Forwarded to Council	8 April 2022
Council officers consider the advice of the Panel and prepare a response.	12 April 2022
Panel Report is Published	14 April 2022
Adoption	26 May 2022
Amendment is finalised, per the Council resolution.	May 2022- June 2022
Approval is requested from the Minister via the Department Environment Land Water & Planning.	6 July 2022
Approval request is considered by the Department of Transport & Planning (DTP)	July 2022-February 2023
Amendment Approved by the Minister for Planning Approves (with minor changes)	24 February 2023
Pre-Gazettal Matters finalised	27 February 2023 through mid-March 2023
Minister's decision is published in the Victorian Government Gazette (Gazettal)	24 March 2023
Post Gazettal Matters	Current

 

More Information

More information about the amendment’s current status, progress and relevant documents can be accessed from the Department of Transport and Planning (DTP) website: https://planningschemes.app.planning.vic.gov.au

Should you require any further information, please contact the Strategic Planning Team at Council on 03 5018 8100.