Planning and Environment Act 1987

So Tammy, when was this approved and did you know it was happening? So we

received a letter which was on the 9th of October and what that letter said to us was that the Minister was advising Council that she had decided to prepare an amendment to our Yarrabiak planning scheme and and to exercise the power under section 20-4 of the Planning and Environment Act, which then would exempt her from the notice and exhibition requirements of the Act and regulations for the amendment and pretty much to adopt and approve the project.

We weren't 100% sure exactly what that meant and whether there would be what those conditions and controls would be in the planning scheme amendment.

And then we were notified by the media on the following Thursday morning that it had actually been approved and there was a media release

So we recognise that we would have the ability to make a submission, but we wouldn't have any right to seek VCAT review.

And then effectively what's happened is the Minister has chosen to go down the path of making an amendment to the planning scheme.

which is her right and it's very much enabled through legislation but effectively what that means is because she has then also exercised her power under section 20-4 of the Planning and Environment Act there has been no notice and exhibition requirements and therefore the community and council has not been able to be consulted and has not contributed or made any submissions.

And effectively that has been taken out of council and community's hands.