[+] Premier Pushes Back on Planning Criticisms

Criticism of the Victorian planning system, including requirement for traditional owners to sign off on some projects, have been roundly rejected by the Allan government. There were reports last month that some developers were critical that referring planning applications to traditional owner groups or First Nation groups for approval was delaying the planning process. Cultural Heritage Management Plans (CHMPs) come into effect when traditional owners are required to approve any applications that could include items of cultural heritage on the site. Victorian planning minister Sonya Kilkenny said the number of applications that required CHMPs was small. “The statistics that I have state that the number of planning applications that require CHMPs are less than 1 per cent of the total number of applications that come through the planning process,” Kilkenny said. ▲ Victorian planning minister Sonya Kilkenny and Victorian premier Jacinta Allan. CHMPs and Victoria’s planning system There are 11 Registered Aboriginal Parties (RAPs) in Victoria, incuding the Eastern Maar Aboriginal Corporation (EMAC), which, in a press release, said that they had not received any complaints regarding delays in assessing applications. When applications are referred to Registered Aboriginal Parties, fieldworkers are sent to the sites to assess any items of cultural heritage and determine plans for preservation or salvage, with the former a last resort measure. Where possible, Registered Aboriginal Parties prefer that developers design plans that allow cultural heritage to remain onsite intact. The EMAC said it would significantly cut down on the time needed to assess applications. Developers have the option to submit plans to the Victorian Department of Premier and Cabinet if assessments could not be provided within the 30-day period. Delays and complaints Developer Jake Munday told media that Registered Aboriginal Parties used the system to exploit developers, saying his projects had been delayed and the ensuing costs of what he called unnecessary salvage requirements would be passed to the consumer. Several Registered Aboriginal Parties then released statements that they had not received any complaints about delays. But the Property Council of Australia has called for a review of the cultural heritage legislation. In November, 2023, state opposition spokesperson for Aboriginal Affairs and Victorian Nationals leader Peter Walsh called for an inquiry into the impact of cultural heritage laws on the 2024-2034 Housing Statement. “These delays are happening right across Victoria,” he told media. “While it’s important to protect major cultural heritage sites, this must be done in a timely way that doesn’t impose unreasonable time constraints or costs on to development in Victoria.” This was rejected by the Victorian Labor party leading the opposition to say it would withdraw its support for a treaty with First Nations groups in Victoria. Victorian Planning Authority chief executive Stuart Moseley, speaking at an industry event, said that it was hard to fix problems caused by European colonisation when the Victorian planning system was still based on post-colonial ideas about the right to develop land that was never ceded. “So when we approach our projects, traditional owners quite rightly bring those expectations to the table,” Moseley told the audience. “There are no easy answers, sorry. It’s a wicked problem.” Munday had initially claimed that he had incurred large costs from the Wadawurrung Aboriginal Corporation but it was later reported that these costs had come from an external source not connected with the Wadawurrung Aboriginal Corporation. ▲ Victorian Planning Authority chief executive Stuart Moseley, Victorian government responds Last week, the matter was brought up at a press conference with Victorian premier Jacinta Allan and planning minister Sonya Kilkenny. Allan said that the CHMPs had been successful. “Since 2006 when the CHMPs were put in place, only five have not met that statutory 30-day timeline,” she said. Allan also said it was important to recognise that delays could occur when referring applications to any third-party agency. “Cultural heritage management plans are one of the third-party referral process that developers need to go through—one of many,” she said. “Depending on the development, there could be council approvals, ministerial approvals, water authorities, utilities, and in some cases the EPA—there are a number of third-party agencies, and traditional owner groups are one of many that developers need to seek approvals from.” “Should all third-party agencies keep to standardised timeframes and work with developers? Yes—but let’s not single out traditional owner groups in this process. “They are one of the important third-party agencies that make up the decision-making processes that support the building of more homes.” ▲ Victorian premier Jacinta Allan, Hamton founder Paul Hameister and Victorian planning minister Sonya Kilkenny at the former University of Melbourne's Hawthorn campus. Allan also told the media that work had been done to clear the backlog of applications. The premier said that 60 per cent of the 1400 planning permit applications for townhouses or apartments that had been waiting for a decision for more than six months had been cleared. This has resulted in 2826 homes being approved. “Housing can only become affordable if we have more houses,” Kilkenny said. Allan and Kilkenny spoke to the media at the former Hawthorn campus for the University of Melbourne, where they announced developer Hamton had received approval for a 350-apartment project . 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[+] Premier Pushes Back on Planning Criticisms

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