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.
