4.1 Use of Guidelines 4.1 Use of Guidelines 4.2 Approvals for use and development on Coastal Crown Land 4.3 Project Development Process A wide variety of new development proposals or modifications to existing uses and activities require planning permission to be granted before the use or activity can commence. The Planning and Environment Act 1987 establishes procedures for the submission, consideration and decision-making on all development proposals. It should be noted that in specific locations or instances a variety of other legislation and controls may also apply to the use and development of coastal land. The purpose of these guidelines is to assist the Victorian Coastal Council, Municipal Councils, coastal managers and other stakeholders to implement the Victorian Coastal Strategy, and achieve excellence and sustainability in the development and management of coastal land. These guidelines are designed to apply in the planning and construction of structures and facilities on coastal Crown land and to provide guidance for siting and design more generally in the coastal hinterland. The guidelines in their current form will be reviewed after an initial period and consideration will be given as to their more formal incorporation into planning schemes at that time. page top 4.2 Approvals for use and development on Coastal Crown If your proposal involves the use and development of coastal Crown land you will require a consent under the Coastal Management Act 1995 from the regional office of Department of Natural Resources and Environment. In addition, depending on the nature of the proposal, you may also need a planning permit from the local Municipal Council. If a planning permit is required, the Municipal Council cannot grant a planning permit without prior consent to the proposal from the Department of Natural Resources and Environment. If a Municipal Council receives a planning permit application that does not include the consent, it will refer the planning permit application to the Department of Natural Resources and Environment as an application for a consent under the Coastal Management Act. In the case of proposals for use and development of coastal Crown land, you should first discuss the proposal with your local regional office of the Department of Natural Resources and Environment. Contact details for regional offices can be found in Appendix 2. If you are not sure whether the site of the proposal is on coastal Crown land, you can contact either the local Municipal Council or the regional office of the Department of Natural Resources and Environment for advice. page top 4.3 Project Development Process It is important that the proponents for any particular use or development confirm with the Municipal Council what planning or other permission is likely to be required in each case. The planning process relies on the applicant providing an adequate level of detail and information concerning any proposal to ensure all relevant issues can be addressed. Permission may be required for only specific parts of a proposal. For example in a given zone or location the planning controls may allow a particular use to be as of right, but require permission to be sought for the buildings and works necessary to establish the use. The Municipal Council or responsible authority for an application must consider the environmental consequences of the application and may also consider social or economic issues related to the proposal. In this section the five principal steps in the siting, design and development of new projects are summarised. These are outlined in the following tables and can be read as a sequential methodology to achieve well resolved development in coastal areas. The steps are: Step 1: Initial proposal assessment Step 2: Information required in permit submissions Step 3: Preparation of an application Step 4: Consideration of an application Step 5: Development implementation Step 1: Initial Proposal Assessment The preliminary tasks to be undertaken for a new proposal require the applicant to contact the relevant Municipal Council or authorities. The following table outlines the preliminary checking process in this step. Table: Step 1 Action Applicant Municipal Council/Authority 1.1 Confirm if a permit or approval is needed Go to Municipal Council, Committee of Management, landowner or other relevant Authorities (including NRE). Check zone, overlay or other planning scheme requirements. Check for controls or requirements under other legislation. Advise applicant to check with relevant authorities. Make available relevant documents including: Victorian Coastal Stratgey Coastal Action Plans Relevant Guidelines 1.2 No planning permit required [refer to Step 3] Seek written confirmation no planning permit is necessary. Check if building or other permits are required. Request detalis of proposed project. Assess and advise on the need for various permissions. 1.3 Permit required Proceed to Step 2 Proceed to Step 2 Step 2: Information Required for a Comprehensive Permit Application When preparing an application for a particular use or development it is essential that adequate plans and details are provided to enable the proposal to be properly assessed on its merits. Appendix 1 sets out a checklist of issues to be considered by all parties involved in the preparation or consideration of the siting and design process. Key issues to be addressed include; site selection, site analysis, site planning, design of structures, site design and development feasibility. Each development should be considered on its merits. The details required for an application should be established by early discussions with the relevant Municipal Council and will vary according to the size and impact of the proposed development. It should include the following: (i) Justification of the structure Discussion of the need and purpose Discussion of design options Environmental impacts of the development and approaches to resolve conflicts Details of proposed management including hours of operation, potential user numbers etc. as relevant to the proposal Discussion and assessment of any relevant state, regional and local policy or Ministerial Direction (ii) Location Plan - site location and context (iii) Site Features Plan showing as appropriate: contours vegetation site visibility from adjacent public viewing points existing land uses circulation and access existing structural features existing easements (iv) Conclusions of the site analysis, highlighting issues such as: sensitive landscape areas areas appropriate for development capacity of the site to visually absorb development other development constraints, implications on phasing and timing (v) Development Proposals Plans, elevations, sections and perspectives (as appropriate) should provide a clear impression of the intended development. Details should include: site works vehicular and pedestrian access, including car and bicycle parking landscape works, planting including paving, walls, seating, lighting and other fixtures service and waste disposal provisions outline specifications of building finishes and materials construction time maintenance program particularly for landscape works Drawings may be accompanied by an explanatory report or details. (vi) Administration correctly complete application form enclose correct fee provide adequate contract details Step 3: Preparation of an Application For both the proponent and the Municipal Council there are a number of important issues to be addressed during the preparation of a planning permit application. Table: Step 3 Action Applicant Municipal Council/Authority 3.1 Initial application preparation Confirm the land owner is aware of or consents to the application (including the Crown). Emphasise need to consider appropriate design and location. 3.2 Undertake site analysis Compile existing conditions map (include features survey or geomorphological information as necessary). Examine the site context, characteristics and sensitivities. Address landscape setting types and other guideline sections. How will the development impact on the site and area? Assist and encourage applicants to prepare appropriate plans and information. Advise applicants to refer to relevant sections of these guidelines. 3.3 Preliminary Design Develop an appropriate design based solution that respects and enhances the coastal environment. Support design excellence and encourage use of qualified design professionals with skill in coastal environments. 3.4 Prepare Planning Application Write an assessment of how the application responds to planning, policy, guideline and authority requirements. To facilitate speedy determination, assist applicants to ensure adequate information is included with development and land use applications. Step 4: Consideration of an Application When the application is properly prepared it should be submitted to the Municipal Council with the appropriate fee. The process and timelines for the consideration of applications are clearly established by the Planning and Environment Act 1987. An overview of major stages in the decision making process for coastal siting and design proposals is shown below. Note: Subject to appeal provisions any party to the application may lodge an appeal against the determination or failure to determine. Table: Step 4 Action Applicant Municipal Council/Authority 4.1 Lodge Application   include appropriate fee arrange for notification (if required by authority)       Municipal Council to register and advise of further information if required Determine level of notification required (if any). Refer proposal to relevant referral authorities. 4.2 Consider Application provide further information if required     Municipal Council reviews the proposal against planning provisions, policies and relevant guidelines and submissions. Decides to permit or refuse the proposal based on assessment of the merits of the project. Issue a permit, refusal or notification of decisions.     Step 5: Development Implementation Step 5: Development Implementation Once all necessary approvals are in place the proposal can commence. The key responsibilities of proponents and Municipal Councils are set out below. Table: Step 5 Action Applicant Municipal Council/Authority Commence construction Confirm that all necessary permission has been granted. (This may include other building or license approvals). Comply with planning permit requirements eg. protect vegetation manage soil disturbance and silt runoff minimise impact on amenity and environment protection of the area's visual characteristics. Ensure permit conditions are compiled with. Monitor construction and development.