_New Victorian Planning Legislation Amendments

The Planning Amendment (Better Decisions Made Faster) Act 2026 makes changes to the Planning and Environment Act 1987.  It gained Royal assent on 17 February 2026 but will come into force on different dates (3 June 2026, 3 August 2026 and 29 October 2027)for specific parts. 

The total changes are numerous but some of the key ones include:

• enabling three planning permit and three planning scheme amendment assessment processes based on an initial assessment of perceived risk, complexity and impact;
• enabling permit conditions to require contributions to affordable housing;
• enabling greater flexibility for planning permits to remove or vary restrictive covenants;
• limiting third party appeal rights to those who are notified directly of a planning permit application. 

Other changes include:

• the ability to make State and regional plans that then must be considered by authorities in whether or not to approve planning scheme amendments;
• increased enforcement powers and penalties;
• planning compensation provisions;
• distinct area landscapes provisions to be more easily (for authorities) prepared or amended;
• Registered Aboriginal Parties having earlier involvement in strategic planning and in proposed development in culturally sensitive land;
• increased flexibility in the use of Infrastructure Contribution Plans and GAIC funds including in areas outside the collection area. 

Many of these changes are not yet detailed (and hence the different operation dates) and issues / concerns are only likely to emerge fully (but to late to influence?) when the detail becomes available.