Council opposes DFP over lost community consultation rights

Mansfield Shire Council has agreed to formally advocate against the state government's Development Facilitation Program (DFP), reaffirming its commitment to protecting the community's voice in local planning decisions. The DFP is a state planning pathway that allows large developments to be assessed and approved directly by the Minister for Planning, bypassing Council's planning and community engagement processes.

Mayor Cr Steve Rabie said the program was another example of the state government sidelining the voice of local government and local communities.
“For the Delatite Valley Plan, we worked directly with the community to engage and listen to what they needed for two years. We read and considered more than 270 submissions from residents. This is how you engage a community. When Council is doing a project, we always take the time to ask good questions and listen to what our community is saying, so that we can act in good faith that we have a full understanding of our community’s needs.

"No one wants to wake up to construction on a multi-million-dollar project without ever having had the chance to have their say," Cr Rabie said.
"Local government exists because communities deserve a say in decisions that shape where they live. The DFP takes that away. This does not align with our commitment to genuine engagement, especially in matters that greatly affect our community.”

The DFP was established in 2020 and significantly expanded in September 2023, when new provisions allowed eligible applications to bypass local councils entirely. Under the program, planning permit and planning scheme amendment applications valued at more than $5 million can be made directly to the Minister for Planning, rather than to Council. This removes local government's ability to meaningfully consult with the community on major developments or to make decisions on their behalf.

When applications go directly to the state government, the associated fees are also diverted from Council. Council will still be required to commit significant resources to assessing applications but will no longer be compensated for this work. This cost shift ultimately burdens ratepayers, which Council considers fundamentally inappropriate.

The Minister for Planning holds wide-ranging powers to determine how much, or how little, notification is given for any application. Where an application is made public, engagement may be limited to a two-week comment window on the state government website, with no requirement for advertisement or wider consultation.
Once a decision is made by the Minister, it is not available for appeal through VCAT (the Victorian Civil and Administrative Tribunal). While the community, Council and other authorities can raise concerns and these will be considered, there's no option to challenge or appeal the outcome afterwards.

Council says a two-week window, with no certainty of notification and no appeal rights, does not amount to genuine consultation.
The program is promoted as a way to speed up decisions, but it simply moves the bulk of the process - the pre-application stage - into a step the community cannot see. Council does not support the removal of transparency from the process.
While the DFP removes Council's decision-making power on eligible projects, community members can still make a submission directly to the State Government to ensure local voices are heard. Residents are encouraged to check for public notices regularly.

To view an application and make a submission, visit the Ministerial Permits Register at www.planning.vic.gov.au/planning-approvals/ministerial-permits-register.