Amendments to Victoria's planning laws have commenced, but there is much more to come
What you need to know
- In November 2025, Victoria passed the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 (Vic) to amend the Planning and Environment Act 1987 (Vic) (P&E Act).
- The amendments contain two tranches of reforms to the P&E Act which refine processes relating to planning scheme amendments and grant greater powers to Planning Panels Victoria and the Minister for Planning.
- The reforms are said to be critical to ensuring Victoria's planning system is transparent, efficient, timely and fit for purpose in order to support the State's continued growth.
- But it's not over yet, with the Victorian Government making further amendments to the P&E Act through the Planning Amendment (Better Decisions Made Faster) Act 2026 (Vic), which are expected to commence in October 2027.
What you need to do
- If you are making a submission in respect of a planning scheme amendment or applying for a planning permit, ensure you are aware of the newly introduced requirements.
- Prepare for the commencement of further changes introduced by the Planning Amendment (Better Decisions Made Faster) Act 2026 (Vic).
How did we get here?
In November 2021, the Red Tape Commissioner of Better Regulation Victoria undertook a review of Victoria's planning system and published its Turning Best Practice into Common Practice: Planning and Building Approvals Process Review Report. The report made a raft of recommendations centred around ensuring Victoria's planning system is transparent, efficient, timely and fit for purpose to support the State's continued growth. Simplifying planning schemes and streamlining the precinct and planning scheme amendment processes was one of the recommendations made.
In September 2023, the Victorian Government released Victoria's Housing Statement in which it announced a 10-year plan to build a modern, fit-for-purpose planning system aimed at improving housing supply and affordability, supporting the implementation of the Red Tape Commissioner's recommendations. What followed was the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 (Vic) which passed in March 2025, with the first tranche of changes commencing on 15 October 2025 and the second tranche commencing on 25 November 2025.
October Amendments
The October 2025 tranche of amendments saw the introduction of several new provisions in the P&E Act with a sharp, targeted focus on refining the planning process in Victoria.
Frivolous, vexatious or wholly irrelevant submissions
Planning authorities must now exercise their discretion and determine whether a submission received in relation to a planning scheme amendment is frivolous, vexatious or wholly irrelevant. If the planning authority forms that opinion, the submission must not be referred to a planning panel (s 23(6)).
Additional panel powers
Planning Panels Victoria can direct experts to confer and prepare a joint report seeking to minimise issues in dispute about matters raised in submissions. No party may refer to anything said or done in the conference at any related hearing, unless a joint expert report mentions those matters, the conference attendees agree, or the panel directs otherwise.
To increase the efficiency of panel hearings, a panel may decide to treat two or more submissions referred to it as if they were one submission if satisfied that the submissions are the same or substantially the same (s 158C). One submitter will need to be nominated as the lead submitter in this situation and must notify the panel of that nomination. If no nomination is made, the nomination can be made by the panel (with the consent of the person) (s 158D). If a lead submitter is appointed, a panel need not allow any other person an opportunity to be heard in respect of the submissions (s 158E).
Additionally, panels are now permitted to consider submissions "on the papers". A panel may conduct a hearing, consider documents alone (provided the panel is satisfied no major policy issue arises), or combine these approaches (s 158G). Before proceeding on the basis of documents, the panel must give notice to specified parties under section 158F, including the Minister for Planning, the relevant planning authority, submitters and any responsible authority or council concerned.
November Amendments
Formal requests for amendments
Requests for municipal councils to prepare amendments to planning schemes must be made under section 16A of the P&E Act, be accompanied by the prescribed fee and comply with any other requirements specified in the Planning and Environment Regulations 2015 (Vic). Councils must then decide whether to refuse the request or refer it to the Minister for authorisation to prepare the amendment (s 16B). The applicant must be notified of the Council's decision. A copy of the request and Council's notice of decision must be given to the Minister (s 16C). If a Council decides to apply to the Minister for authorisation, the Minister may direct the Council to make the authorisation application within a specified time (s 16E).
Abandoned amendments may have another shot
A planning authority can already decide to abandon a planning scheme amendment (entirely or in part) under section 28 of the P&E Act. Under new section 28A, the Minister can decide to continue to progress the amendment within 30 days of receiving a planning authority's written notice of abandonment. The Minister may also decide to become the planning authority for the amendment or any part of an amendment for which the Minister decides to continue and may also refer some or all submissions about the amendment, and any related part of the amendment, to a panel (s 28D).
Introduction of low-impact amendments
A new low-impact amendment pathway for less complex planning scheme amendments has been introduced. A low-impact amendment must be of a prescribed class or determined by the Minister to be a low-impact amendment. The amendments must still be publicly exhibited, but if a submission requests a change, the planning authority may change or not change the amendment as requested, or abandon the amendment or part (in other words, if the planning authority decides not to make the requested change, it no longer has to refer the submission to a planning panel) (s 23A).
Sections 23 (decisions about submissions), 24 (consideration of submissions by panel and reasonable opportunity to be heard), 25 (report by panel), 25A (recommendation by panel to Minister), 26 (reports to be made public) and 27 (planning authority to consider panel's report) do not apply to low-impact amendments.
Amendments to planning permit processes and powers of responsible authorities
Within five days of receiving a permit application, responsible authorities are able to conduct preliminary checks to ensure the application is complete. Any incomplete permit applications will be identified and notice provided to the applicant (s 48A). If the applicant does not comply with the notice the application is void and of no effect under section 48B of the P&E Act. If a notice is given, the application is taken to be received on the day the applicant complies with the notice (s 48B(2)).
Key amendments to Minister's powers
The Minister may:
- prepare guidelines under section 52A of the P&E Act regarding whether the grant of a permit (or a permit amendment) would cause material detriment or whether a person may be materially affected by an amendment or an application;
- exercise their discretion to refer any objections or submissions received in respect of a called-in planning permit application to a panel, removing the previous requirement that they be referred under section 97E(1);
- exempt applications from paying the Metropolitan Planning Levy in specified circumstances (s 96UB).
What's next?
Reforms to Victoria's planning system are only just getting started.
The Planning Amendment (Better Decisions Made Faster) Act 2026 (Vic) received Royal Assent on 17 February 2026 with a latest commencement date of 29 October 2027. The Act will establish planning permit assessment streams and planning scheme amendment pathways and require that Registered Aboriginal Parties be consulted and notified in relation to planning processes.
Other authors: Dina Sabeta, Lawyer.
