The Regulations to support the Planning, Development and Infrastructure Act 2016 prescribe further detail on the operation of the new development assessment framework, covering planning, building and land division assessment.
Draft Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019 (draft Regulations) were released for comment in mid-January 2019, along with a number of accompanying Practice Directions which are intended to assist with future interpretation and implementation of the Regulations.
The LGA and a number of councils provided submissions to the Department of Planning, Transport and Infrastructure (DPTI) on the draft Regulations. In response to the feedback received, DPTI have advised the LGA that key changes to the Regulations have been made with regard to issues that were highlighted during the consultation in relation to:
- Assessment panels will only be the relevant authority for notified performance assessed development. For all other performance assessed development, the assessment manager will be the relevant authority (regulation 22(a))
- The Commission must give the CE of the relevant council opportunity to comment on technical/local heritage matters for all applications. (regulation 23)
- Placement of sign not linked to commencement of notification period (regulation 50(1))
- Sign on land not required in certain areas to be specified by the Code (regulation 47(6))
- 4 business day allowance for the ordinary course of postage (regulation 50(2))
- Applicant provided 15 business days to respond to representations (regulation 51)
- Deemed-to-satisfy assessment time will be 5 days for verification and 5 business days for assessment (maintains 10 days overall, as per current complying timeframe) (regulation 53(1)(a))
- Aquaculture, historic shipwrecks, Technical Regulator and Commissioner of Highways referrals reduced to 20 business days (Schedule 9)
- Commission has 20 business days to provide report on land division applications (regulation 76)
- Validity of SA Water assessment requirements increased to 60 business days (regulation 79(4))
Information requirements (Schedule 8)
- Information for planning consent applications reduced to only that where no opportunity to request additional information
- Information for non-residential, retaining walls, advertising signs and historic conservation areas removed
- Declaration on site-contamination only required for deemed-to-satisfy dwellings, to maintain the current requirements for the Residential Code
- Exemption for combined fence/retaining walls removed due to perceived safety and amenity issues (Schedule 4)
- Exempt demolition of buildings (irrespective of number of storeys), but the need for planning consent will remain the same as existing Schedule 1A of the Development Regulations 2008 (Schedule 4 clause 10)
- Demolition of the entirety of a building prescribed as complying building work (Schedule 7 clause 3)
- Exclusion for Colonel Light Gardens State Heritage Area expanded to all State Heritage Areas (Schedule 5)
- Exempt more council works: exercise equipment, bollards, bicycle racks, recreation equipment, etc. (Schedule 4 clause 2(f) and (g))
- Larger water tanks dictated by location in bushfire risk area (Schedule 4 clause 4 (1)(g))
- Exempt tree houses and cubby houses, irrespective of height (Schedule 4 clause 4 (1)(j))
Four other sets of regulations are also anticipated for publication on 27 June 2019, including:
Planning, Development and Infrastructure (Fees, Charges and Contributions) Variation Regulations 2019
Planning, Development and Infrastructure (Transitional Provisions) (Staged Commencement) Variation Regulations 2019
Planning, Development and Infrastructure (Swimming Pool Safety) Regulations 2019
Independent Commissioner Against Corruption (Schedule 1 of Act) Variation Regulations 2019
These Regulations will also be supported by Ministerial Building Standards, Practice Directions, forms and other technical documents that are anticipated to come into operation on 1 July.
The LGA in conjunction with HWL Ebsworth Lawyers will be offering workshop sessions on the new Regs. For more information and to register your interest, please visit LGA Circular 25.14.
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