Amendment Peer Review

An emerging focus of RCI Planning is targeted support and peer-review of amendments for local government, with a focus on effective statutory drafting to implement policy.

Too often, amendments hit difficulties through exhibition and the planning panel process that are hard to address within the legislated amendment process. Peer review allows for a constructive-but-critical eye to be applied to amendments at a point in the process where that advice can most readily be acted upon.

In many councils, strategic planners can struggle to get feedback from from time-poor statutory planners. Internal consultation can therefore struggle to identify workability issues that will affect those who have to implement new polices and controls. Peer review from an experienced statutory planner can help to mitigate such risks.

Stephen brings a unique skill set to this work. His extensive research and advocacy work gives him an understanding of policy background and strategic intent; his background in planning systems work and statutory drafting gives him knowledge of how policy must be expressed and implemented in the Victorian system; and his ongoing statutory planning work gives him familiarity with the realities of implementation through the Victorian scheme.

This top-to-bottom understanding of policy implementation makes him ideal to provide peer review of amendments.

Stephen’s approach to statutory drafting starts from a view that planning schemes must be seen not just as passive statements of planning intent. Instead, they must be understood as tools to meaningfully affect outcomes on the ground.

In practice this means an emphasis upon:

  • Clarity of policy expression.
  • An emphasis on effective regulatory design that works hand-in-hand with policy statements.
  • Understanding of the different regulatory tools and policy approaches needed for different types of planning challenges (supported by the clear framework outlined in his book about the system).
  • An intimate understanding of how policy works in contested situations, such as in VCAT appeals and negotiations with developers.

Where appropriate and desired, Stephen’s peer review can extend to providing evidence before a planning panel.