PLANNING AND THE VICTORIAN CHARTER OF HUMAN RIGHTS

  • Author : Miguel Belmar - 06-06-2013

Posted on June 6, 2013 by miguelbelmar under General

In the recent case of McClelland v Golden Plains SC [2013] VCAT 749 the Tribunal has again considered the Victorian Charter of Human Rights and its interaction with Planning Schemes. The case concerned a permit for telecommunications infrastructure.
 
The Tribunal notes that with respect to privacy – the Charter is concerned with an arbitrary or an unlawful interference with privacy. The Tribunal made the following comments:
 
Although it is not necessary to finally decide the issue more broadly than as stated in these reasons, it is perhaps worth commenting that, given:

 
the way in which the right to privacy is qualified in s 13 of the Charter (i.e. interference with the right may not be unlawful or arbitrary);
the reasonable limits on the right to privacy that might be justified in a planning context by reference to s 7(2) of the Charter; and
the structure of the planning regulatory framework and planning schemes in Victoria–
– it would be a rare and exceptional case where a planning scheme provision was not Charter compatible, or that a planning discretion properly exercised within the limitations of the planning regulatory framework would be viewed as anything other than a lawful, reasonable, proportionate and justifiable limitation on a person’s right to privacy. Each case will however turn on its own facts and circumstances.
 

About the Author

Miguel Belmar

Recent Posts

TRIBUNAL CONSIDERS ITS JURISDICTION TO REVIEW 173 AGREEMENT

Miguel Belmar Date: 25-03-2015

ANOTHER ROOF TOP. A DIFFERENT RESULT.

Miguel Belmar Date: 05-03-2015

ROOFTOP TERRACE REPLACED WITH?…AN APARTMENT.

Miguel Belmar Date: 23-02-2015

VCAT confirms its role is not to find a more suitable site.

Miguel Belmar Date: 03-02-2014

PLANNING AND THE VICTORIAN CHARTER OF HUMAN RIGHTS

Miguel Belmar Date: 06-06-2013

Latest on harm minimisation in liquor licensing

Miguel Belmar Date: 07-01-2013