With the Gazettal of VC267 on 6 March 2025, we can expect to see amended Residential zones, Commercial zones, Neighbourhood character overlay and new Housing Choice and Transport Zone that will apply from 31 March 2025. Within these amended and new provisions sits an exemption from notice clause. Many of the new exemption clauses do not remove the section 52 of the Planning and Environment Act 1987 (PE Act) notice requirements. However, most new exemption clauses invoke the removal of notice of decision being given to objectors under section 64 of the PE Act and the objectors review rights under section 82(1) of the PE Act if the applicable standards under clause 55.02, 55.04-1, 55.04-2, 55.04-3, 55.04-4 and 55.05-2 are met. The confusion that will play out for Councils is knowing when to give notice and at what stage, especially in situations where there are other permit triggers in Overlays or the Particular Provisions that do not exempt notice either under section 52 of the PE Act or under section 64 of the PE Act. As notice may still be required under an Overlay or the Particular Provisions even if the applicable standards under clause 55.02, 55.04-1, 55.04-2, 55.04-3, 55.04-4 and 55.05-2 are met which only exempts the notice under section 64 of the PE Act for the zone triggers. Further confusion will occur for objectors when Council uses the prescribed Form 3 and Form 5 in Schedule 1 of the Planning and Environment Regulations 2015. This is because Form 3, used for giving notice of an application for a planning permit, states that any person who objects will receive notice of the Councils decision, and Form 5, used for giving notice of decision to grant a permit, states that a decision may be reviewed. Whilst we have asked the Department if the regulations will be amended to help avoid the confusion that will be created for objectors, we believe that Councils should at this stage consider their own internal practices to ensure that appropriate notice is given, and perhaps in the meantime consider including an explanation about the exemptions into Councils standard cover letters so that objectors can be appropriately informed. Further information If you have any further questions concerning the exemptions under the proposed amendments from VC267 please contact a member from our Planning and Environment team for advice specific to your circumstances. If you’d like to stay up to date with any of Russell Kennedy's mailing lists, please sign up here.