Kel Twite has more than 20 years’ experience in the planning and development industry, having worked across local government and private consulting sectors. He has extensive experience across a range of areas including complex redevelopment sites and development planning issues. Kel is also a respected expert witness and regularly appears before the Victorian Civil and Administrative Appeals Tribunal.

As of 6:30am on 3 April 2020, Australia has 4,862 confirmed cases of COVID-19, with 968 of these cases occurring in Victoria (State Health Departments, Monash University).

Australia’s workforce is embracing alternatives to old business practices; the closure of non-essential services and the Australian Federal Government’s staged restrictions has formed a new working environment.

The planning/development industry is not exempt from the far-reaching impacts of the pandemic. Businesses are rapidly adapting and introducing new procedures, including WFH (working from home) measures, as the use of technology becomes increasingly prudent for day to day operations.

To date, construction and development continues to pulse along, with current projects progressing as scheduled. Construction sites are still operating amidst an ever-changing environment of restrictions and social distancing and the associated reduction in efficiency.

These restrictions are not limited to the private sector - local government statutory planning processes are also trying to adjust to the restrictions and social distancing rules.

An emerging trend across municipal Council’s is the commitment to the use of technology to replace previous face to face meetings.  Another impact is on public notification requirements, with some Councils extending public notice from 14 days to 28 days as well as preferencing letters over signage, collectively extrapolating the decision-making process.

Changes have also occurred in Council’s processes – there has been changes to delegations for decision making and cancellations of internal panel meetings, alongside the use of video conferencing technologies (such as Zoom and Microsoft Teams). These have added to already-complex measures one must navigate to resolve planning outcomes. This trend of altered and extended processes will undoubtedly result in delayed planning decisions.  

We predict, and are hopeful, that the transition to technology will resolve the planning problems which have arisen out of the pandemic.

Similarly, the Victorian and Civil Administrative Tribunal (VCAT) announced the closure of all venues to the public from 18 March 2020. No face-to-face Hearings are scheduled, and all non-critical cases (including Practice Days and Compulsory Conferences under the Planning and Environment List) listed up to and including 15 May 2020 are adjourned.

VCAT systems function on an out-dated system that relies heavily on the use of paper documents and hard copy files. They are in the process of working to expand their services to allow the operation of the business virtually and online. We anticipate these measures to include Orders posing Compulsory Conferences via telephone but the agreeance of decisions being made on paper. VCAT may also request for submissions to be pre-circulated to allow for a greater efficiency of Hearings.

Unfortunately, the combination of existing delays and VCAT’s current case load will likely result in further setbacks and time delays. During this ‘evolution’, actions required by VCAT’s Order’s remain effective and are expected to be complied with (as would be expected under normal circumstances).  

Similarly, Planning Panels Victoria (PPV) is in the process of circumnavigating the COVID-19 environment. Public Hearings have been postponed, as the Panel looks towards video conferencing and directions to be made on paper moving forward.

It is still early days. While Council and VCAT decisions are still being delayed, we remain hopeful that the contemplated shifts are implemented by the authorities quickly to avoid lengthy delays in the planning process which could contribute to further impacts on the economy.