Resources:Data Centre Policy in Victoria
Development Facilitation Program
The Development Facilitation Program (DFP) is an accelerated assessment pathway that allows permit applications to be made to the Minister for Planning (rather than the local council) for "priority projects in identified sectors aimed at injecting investment into the Victorian economy". The DFP was announced by the Victorian government on 24 October 2020, and was designed to the continue the work of the "Building Victoria’s Recovery Taskforce", which was established in April 2020 to "keep the state’s building and development industry running through the coronavirus crisis"[1][2]. The department responsible for this program is the Department of Transport and Planning (DTP).
Project Eligibility
To be eligible for the DFP approval pathway, projects must fall under Clause 53.22 (significant economic development), Clause 53.23 (significant residential development with affordable housing) or Clause 53.25 (Great Design Fast Track) of the Victoria Planning Provisions.
Data centre projects have fall under Clause 53.22 when the estimated cost of development is "at least $20 million if any part of the land is in metropolitan Melbourne" or "at least $5 million if the land is not in metropolitan Melbourne" [3].
Contestability
Permits approved via DFP cannot be contested through VCAT. When an application falls under Clause 53.22, it is exempt from sections of the Planning and Environment Act 1987 that support the right to contest a permit once it has been granted. These sections are 64(1-3) and 82(1). Breaking them down, section 82(1) exists to give any objectors the right to apply to VCAT for a review of the decision to grant a permit. 64(1-3) creates a mandatory pause between the decision to approve a permit and it being physically issued to the applicant. The section exists specifically to protect the right of objectors to seek VCAT review before a permit takes effect.
Public Notice Requirements
There is no formal obligation for public notice within the DFP. A requirement for public notice is triggered by the specific zoning of a proposed site as well as any overlays (e.g., Heritage Overlay). Because of this, public notice is inconsistent when it comes to data centres, and developers will not consult the community if they don't have to. This is demonstrated by a review of available Planning Officer Reports below:
63 Sunshine Road, West Footscray (PA2403320)
Public notice was required as the site zone is IN1Z (Industrial 1 Zone) and is within 30 metres of a residential zone (single and double storey residential dwellings fronting onto Indwe Street). The applicant had to put up signage at three site frontages (Sunshine Road, Indwe Street, McArthur Street) and directly notify adjoining owners and occupiers, receiving four complaints in the process.
148-158 O'Brien's Road, Corio (PA2503895)
Public notice was required. Though the site sits on IN1Z (Industrial 1 Zone) land, and is around 140 metres away from residential land (the minimum being 30 metres), an exception to notice was not given. This implies that the rules of public notice are, at least in some part, up to the discretion of the assessing officer. Because of this, the application was referred to Greater Geelong City Council, WorkSafe Victoria, Fire Rescue Victoria and surrounding owners and occupiers. There were no objections to the permit.
171 Leakes Road, Truganina (PA2403416)
Public notice was not required as the assessing officer found that the proposal was "generally in accordance with" Wyndham Council's Truganina Employment Precinct Structure Plan. A Precinct Structure Plan (PSP) is a long-term plan for so-called "urban development" and describes how the land is expected to be developed in a given location. Per the assessing officer, any proposed site that falls within such a zone, and is "generally in accordance" with the PSP, is exempt from public notice.