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The Treasurer and Minister for Planning have asked the Red Tape Commissioner to undertake a review of State and local government processes surrounding building and planning approvals, and early building works infrastructure approvals and to identify opportunities to streamline processes and reduce delays. The Commissioner will be supported in this work by an Advisory Board comprising:

• Bill Kusznirczuk, Managing Director of Clement-Stone Town Planners, Deputy Chairman of the Victorian Planning Authority, Advisory Board Member of the Office of Projects Victoria
• Kate Roffey, Director at the City of Wyndham and former CEO of the Committee for Melbourne
• Radley de Silva, former CEO of the Master Builders Association of Victoria

You can download a copy of the discussion paper from the Engage Vic website below:

Planning and Building Approvals Process Review – Discussion Paper

For the past 4 years, we have successfully represented Metricon Homes and Metricon clients and assisted them in obtaining development approvals for dual occupancy, single dwellings, and social housing developments throughout Melbourne.

We have worked closely with the Metricon team in delivering efficient and timely services and advice, securing easy-to-act-on planning permits without onerous conditions in order to simplify the post-planning process as much as practically possible.

We have also provided strategic planning advice to Metricon Homes with respect to various matters including the Victorian Government’s Inclusionary Housing Pilot bid and Social Housing Pilot bid.

We continue to maintain a close working relationship with Metricon Homes, and our firm has a strong understanding of internal processes and procedures at Metricon along with the necessary skills required to work with your various drafting teams, managers, and other staff, to achieve high quality and efficient outcomes.

Our Managing Director Bill Kusznirczuk features regularly on Melbourne’s 3AW radio.

He created the successful radio show Streetwise with Darren James which over 10 years helped thousands of people solve their planning, building, Council and VCAT disputes.

See below his recent appearances:

• 3AW Melbourne ITH with Darren James & Bill Kusznirczuk – 20 January 2024
• ‘Well overdue’: Town Planner weighs in on Andrews government’s new housing plan – 20 September 2023
• Growing Pains: Melbourne Set to Surpass Sydney in the Population Stakes -3AW Drive with Tom Elliott
• What’s next for the site of the Corkman Irish Pub in Carlton
• Fishermans Bend development should learn from the mistakes of the Docklands
• Corkman Irish Pub developers are fighting State government reconstruction orders
• Ross and John speak with planning expert Bill Kusznirczuk – 28 July 2016

Our firm and Managing Director Bill Kusznirczuk are highly valued by Channel 9’s A Current Affair to give honest, frank and impartial advice on big and often controversial topics of interest around planning, building and neighborhood disputes, Local and State government decision making.

See Bill speaking on Channel 9, A Current Affair:

• Residents call out Council ‘inaction’ as properties crack apart | ACA, 5 August 2023
• Melbourne residents have called out Merribek City Council | ACA, 24 February 2023
• Bureaucratic nightmare leaves Melbourne ratepayers unable to rebuild destroyed home | ACA, 9 November 2022
• Queensland pensioner sinkhole battle with Gympie regional Council and Telstra | ACA, 16 August 2022
• Backyard wind turbine | ACA, 29 June 2022
• Coronavirus Melbourne businesses prepare for bounce back after lockdown | ACA, 21 October 2021
• Elderly 91 year-old Sydney man accuses neighbour of bullying over land use | ACA, 20 October 2021
• Heritage listed home residents surrounded by warehouse distribution construction | ACA, 8 September 2021
• Developer land sale sends aussie dreams into limbo | ACA, 2 April 2021
• Kyneton | 9 News Central Victoria, 2 February 2021
• Family’s brand new house ‘built in wrong location’ | ACA, 3 September 2020
• ‘Not in my backyard!’ | ACA, 11 February 2020
• Why residents are at war with famous pub | ACA, 24 October 2019
• Residents revolt over high-rise developments | ACA, 30 July 2019 Read the article here.
• George Calombaris neighbour dispute | ACA, 30 April 2018

See our Managing Director Bill Kusznirczuk speaking on 7 News:

• The developers who illegally demolished Corkman Irish Pub lose appeal | 7News, 9 September 2021
• Overshadowing and overlooking high rise apartments, Box Hill | 7News, 2 December 2019
• Melbourne Crossley Building | 7News, 22 March 2019

Real Estate:

• Daylesford’s tourism industry under pressure as housing supply tightens | realestate.com.au, 25 June 2021

Our senior staff are regularly appointed to advocate at VCAT, Planning Panels Victoria and the Building Appeals Board on behalf of permit applicants, Council, and resident objectors. We also present expert evidence before the Tribunal and BAB in respect to planning matters.

Recently published decisions:

Zhang v Bayside CC [2021] VCAT 294

• Successfully represented resident in objector appeal.
• The Tribunal agreed with our interpretation of Bayside’s DDO1 regarding what constitutes as a roof deck and directed no permit be issued.

Galdes v Melton CC [2020] VCAT 1044

• Successfully represented permit applicant in refusal appeal.
• Permit issued for nine double-storey dwellings adjacent the Melton Town Centre.

ADGB Pty Ltd v Darebin CC [2020] VCAT 491

• Appeared on behalf of Darebin Council in s77 proceedings for a mixed-use development.
• The Tribunal determined the overall height of the building did not

Cosentino v Monash CC [2019] VCAT 1873

• Successfully represented permit applicant in refusal appeal.
• The Tribunal determined the waiver of 3 car parking spaces was appropriate in this site context.
• De novo issues regarding off-site amenity impacts were resolved by way of condition. Permit granted for 2 storey extension to existing office.

Vassilacos v Darebin CC [2019] VCAT 1505

• Appeared on behalf of Darebin Council in s77 proceedings for an apartment development comprising four dwellings.
• The Tribunal upheld Council’s refusal on the basis of unacceptable on and off-site amenity impacts, despite the subject site being in an area of substantial housing change.

Dillon v Melbourne CC [2019] VCAT 1197 (13 August 2019)

Dillon v Melbourne CC [2019] VCAT 694 (13 May 2019)

• Appeared on behalf of objectors in s82 proceedings for an apartment development.
• The Tribunal determined that the amenity impacts of the proposal (visual bulk/sense of enclosure, overshadowing, daylight access) onto our client’s site was unacceptable. Permit issued which required significant design changes to the proposal in order to appropriately respond to our client’s property.

Redman v Mornington Peninsula SC [2019] VCAT 946 (8 July 2019)

• Successfully represented the permit applicant in a refusal appeal.
• The Tribunal determined to give minimal weight to Mornington Shire Council’s Housing and Settlement Strategy due to its embryonic nature. Permit granted for two new dwellings.

Elmalik v Stonnington CC [2019] VCAT 390 (21 March 2019)

• Successfully represented the permit applicant in a refusal appeal.
• The Tribunal determined it is often difficult to satisfy all Clause 54 requirements (e.g. overshadowing) in inner suburban locations. Permit granted for one new dwelling.

Our senior staff regularly appear before the Board on a number of building and planning related matters.

Angela Mok (Associate) recently appeared as an expert planning witness for the Victorian Building Authority, where a key point of contention was whether the section 173 agreement displaced the height limitations under the Building Regulations.

In her view, the building envelope plan described front, side and rear setback requirements, but did not specify building height requirements, which are otherwise contained within Part 4 of the Building Regulations 2016.

The Board ultimately agreed with our position, and found that the building envelope plan does not specify building height, for the purpose of displacing the relevant building regulations.

You can read the full decision here: Crocitti & Anor v Victorian Building Authority [2019] VBAB 32

Our Managing Director Bill Kusznirczuk is an Advisory Board Member for the Office of Projects Victoria (OPV). In this role, Bill Kusznirczuk provides independent strategic advice on improved project outcomes being planned and delivered for the State.

The Office of Projects Victoria (OPV) Advisory Board is independently chaired and offers non-binding strategic advice and support to the Treasurer, the Secretary of the Department of Treasury and Finance, and the Executive Officers of OPV.

Our Managing Director Bill Kusznirczuk is Deputy Chairman of the Victorian Planning Authority (VPA)

The creation of the VPA is one of the most substantial reforms in recent Victorian planning history. The VPA implements the Plan Melbourne vision, works with Councils and their communities to plan new precincts and places including Victoria’s regional cities and towns and carefully plans for the delivery of residential lots including more affordable housing in growth corridors in Melbourne.

The VPA works closely with its key partners including Council’s, the Department of Environment, Land, Water and Planning (DELWP), Department of Economic Development, Jobs, Transport and Resources, to plan for the transformation of some of the biggest and most complex urban renewal precincts in Australia including Monash, LaTrobe, Parkville and Sunshine National Employment and Innovation Clusters, the Arden Precinct and Defense Site in Maribyrnong. These projects are critical in planning for strong and sustainable growth in Victoria.

Our Managing Director Bill Kusznirczuk was the former inaugural Chairman and Chief Commissioner of the Victorian Building Authority (VBA), and Chairman of the Building Advisory Committee (BAC). His expertise has been recently sought by Government to review planning and building processes in Victoria as part of the Commissioner for Better Regulation (including Red Tape Commissioner).

Bill Kusznirczuk oversaw the board and organisations in the role of Victoria’s building and plumbing industries which generated 28 billion dollars in building permit activity arising from 105,000 building permits, nearly 400,000 compliance certificates for plumbing works and nearly 50,000 building practitioners. As Chief Commissioner, put in train improved regulatory performance of the industry acknowledged by the Victorian Auditor-General’s Office.

Our firm has been associated with the Planning Institute of Australia (PIA) since 1993.

Our Managing Director Bill Kusznirczuk is a Certified Practicing Planner as recognised by PIA and has presented at numerous events in the past and is a recipient for an award for Planning Excellence for his contribution to the planning profession through media.

PIA is the national body representing planning and the planning profession. Through education, communication and professional development, PIA is the pivotal organisation serving and guiding thousands of planning professionals in their role of creating better communities.

Don’t miss out on the UDIA Victoria X VPELA Red Tape Review forum this Friday. Anna Cronin will be presenting the findings and recommendations of the Planning and Building Approvals Process Review Discussion Paper, followed by a panel discussion featuring our Managing Director Bill Kusznirczuk. You can register to attend here. Looking forward to seeing you there!

The Urban Development Institute of Australia (UDIA) has spent close to 50 years serving the industry advocating for increased certainty and reduced costs and regulatory burden to all stakeholders in the land development process.

Our Managing Director Bill Kusznirczuk was recently appointed by the Treasurer and Minister for Planning, Housing and Multi-cultural Affairs to work with the Office of Better Regulation and Red Tape Commissioner to undertake a review of the planning and building processes.

The UDIA make an important contribution to the issue of reduced regulatory burdens in the building and development process.

The Property Council make an important contribution to inform discussions about how vital it is to create great Australian cities.

Our Managing Director Bill Kusznirczuk was recently appointed by the Treasurer and Minister for Planning, Housing and Multi-cultural Affairs to work with the Office of Better Regulation and Red Tape Commissioner to undertake a review of the planning and building processes.

The Property Council make an important contribution to the issue of reduced regulatory burdens in the building and development process.

We recently represented the Department of Health and Human Services (DHHS) at the East Gippsland Shire Planning Consultation Meeting in relation to eight (8) applications for social housing development in Eastwood:

• East Gippsland Shire Council – Planning Consultation Meeting (21 July 2020)

We represented the permit applicant at the Moreland Planning and Related Matters Meeting in respect to an application for a Place of Assembly (Mosque) in Fawkner:

• Moreland City Council – Planning and Related Matters Meeting (26 June 2019)

Our team are pleased to announce that the Governor in Council has appointed our Managing Director Bill Kusznirczuk as a Trustee Member of the Melbourne Olympic Parks Trust.

The 40-hectare precinct is Australia’s heart of sports and entertainment. It is a special place where lasting memories are made and legendary matches are played.

Congratulations, Bill.

Bill is currently Deputy Chair and Independent Board Member of the Victorian Rail Track (VicTrack) Board and subsidiary companies.

He is Chair of the Property, Environment and Heritage Committee and Member of the Remuneration, Human Resources and Integrity Committee.