Sustainable Planning Act 1
-
Upload
sssi-qld -
Category
Technology
-
view
1.487 -
download
0
description
Transcript of Sustainable Planning Act 1
© THG
SUSTAINABLE PLANNING ACT 2009
“What Consultants Should Look Out For”
THGSarah FarrellySenior Town Planner
Introduction to SPA
Sustainable Planning Act 2009 (SPA) commenced 18th December 2009
http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2009/09AC036.pdf
So also did the:
Sustainable Planning Regulation 2009
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanR09.pdf
Six Statutory Guidelines
http://www.dip.qld.gov.au/policies/statutory-guidelines-for-planning.html© THG
Intent of SPA
Purpose of SPA is to ensure processes are:
Accountable
Effective
Efficient ,and
Delivers sustainable outcomes
© THG
Existing Applications, Requests & Approvals
Applications and requests made prior to 18th December 2009 will continue
under IPA.
Existing approvals will be taken to be approvals under SPA
Change to IPA approvals can be made using the new single process under
SPA which is ‘permissible change’.
DIP have released a Statutory Guideline (06/09):
http://www.dip.qld.gov.au/resources/planning/planning/statutory-guideline-06-09.pdf
This provides guidance on what may constitute a substantially different
development.
For reconfiguration of a lot approvals issued under IPA, the IPA
endorsement of survey plans will continue to apply.
© THG
Mandatory Supporting Information
Development applications under SPA must now include the mandatory
information indicated on the IDAS forms to be deemed properly made.http://www.dip.qld.gov.au/forms-templates/idas-forms-sustainable-planning-act.html
Each development application must• provide a statement about compliance with the planning instruments
AND• MCU: Site plan, floor and elevation plans;• ROL: Reconfiguration plan to also show contours, levels, drainage and building
envelopes; and• OPW: Site plan an detailed drawings with particular specifications for each types of
operational work
© THG
Declaration of Owners Consent
Signed form or attachment or declarationhttp://www.dip.qld.gov.au/resources/form/idas-spa/idas-form-01application-details.pdf
Extract from form 1 applicants declaration
© THG
Properly Made Process
© THG
Application made
Acknowledgement notice
Not properly made
Application rectified
Not rectified it lapses
10bd
10bd
20bd
Smart eDA
Smart electronic development assessment is an on-line service that has
been established to help streamline the development assessment
process.https://www.smarteda.qld.gov.au/forms.action%3bjsessionid=E66A3A28FC35161BDADCBFD3081E558
State assessment process available, however still recommend to utilise the
IDAS checklist.
© THG
Shortened Timeframes
20bd to refer the development application to referral agencies (previously
3 months);
6 months to respond to an information request (instead of 12months); and
Within 5bd notify the assessment manager of public notification beginning
Applicant’s ability to revive applications. Applicant to issue assessment
manager with notice of revival within 5bd of lapsing and then
completing the action within a further 5bd.
© THG
Missed Referral Agencies
If an agency is missed, the application under SPA does not automatically
lapse.
Written notice of the missed referral is given.
Decision stage does not begin, or if previously started a decision can not
be issued, until missed referral agency catches up.
The missed referral notice does not have an approved form, just simply a
notice issued pursuant to section 357 (2) of SPA.
The applicant then has 10bd to refer the application to the missed referral
agencies.
© THG
Notification Stage
DIP has released two new forms for public notification, being public notice
on land and notice of compliance:
http://www.dip.qld.gov.au/development-applications/publicnotification.html
© THG
Notification Stage Cont’d
Design layout for public notices on land
© THG
DIP has also release a ‘Guide on public notification’.http://www.dip.qld.gov.au/resources/guideline/public-notification-guide.pdf
Changes to Development Applications
Can change at any time before decided
Four scenarios under SPA:• Minor change (no IDAS timeframe stops)• Change in response to an information request (no stop in IDAS however the public
notification stage must restart or is repeated unless the AM is of the opinion that the change will not give rise to a submission)
• A change that deals with a matter raised in a submission (as above); and• All other changes (IDAS process restarts)
DIP have released a Statutory Guideline (06/09):
http://www.dip.qld.gov.au/resources/planning/planning/statutory-guideline-06-09.pdf
© THG
Changing Development Approvals
Under IPA, separate mechanisms/tests for changing approvals v changing
conditions
Under SPA, merged into single streamlined process for making a
‘permissible change’
New SPA process can be applied to changing an IPA approval
© THG
Decision Stage
No longer a presumption in favour of approval for a compliant code
assessable application
Relevant instruments:• State planning regulatory provisions• Regional plan• State planning policies• Structure plan/master plan• Temporary local planning instrument• Preliminary approval varying the effect of the planning scheme• Applicable codes/planning scheme• Priority infrastructure plan
© THG
Preliminary Approvals Varying The Effect of the Planning
Scheme
Under IPA section 3.1.6, under SPA section 242
New default lapsing period of 5 years. The application will lapse if
development is started but not completed
The default period can be override by either the applicant nominating a
period in the application on application form 31, question 3;http://www.dip.qld.gov.au/resources/form/idas-spa/idas-form-31preliminary-approval.pdf
OR
by the assessment manager nominating a period.© THG
Compliance Assessment
For development, works or documents
Identified in SPR, SPRP, planning schemes and development approvals
Simple process of a ‘tick and flick’
Compliance request can not be refused by the compliance assessor
© THG
Compliance Assessment Cont’d
DIP have introduced a Temporary State Planning Policy 2/09 on compliance
assessment
http://www.dip.qld.gov.au/resources/policy/state-planning/temp-spp2-09.pdf
Compliance assessment listed in the SPR’s are:• Survey plan endorsement (sch 19); and• 2 lot ROL/industrial ROL and OPW (sch 18)
The applicable IDAS form for compliance assessment is form 32
http://www.dip.qld.gov.au/resources/form/idas-spa/idas-form-32compliance-aassesment.pdf
Survey plan endorsement criteria similar to that under IPA
Council have 20bd to assess the compliance assessment request, if they do not
issue a notice then it is deemed to be approved.© THG
Compliance Assessment Cont’d
Now under SPA a residential 2 lot ROL and or associated OPW’s in a
residential or industrial zone will be subject to compliance assessment
only where:• The required minimum lot size is met;• No referral agency triggers;• No planning scheme overlay triggers
The proposed development must meet the compliance assessment criteria
listed in the Temporary State Planning Policy 2/09
© THG
Prohibited Development
A new level of assessment introduced under SPA
Identified in Schedule 1 of SPA, SPRP’s, structure plans, and planning
schemes (only if QPP state that the development can be prohibited)
© THG
Exempt MCU’s and Detached / Attached Dwellings
New MCU for some class 1 a, and class 10 buildings are exempt under sch
4 of the SPR’s if:• Planning scheme doesn’t make them self assessable• The MCU is for a residential purpose in a residential zone; and• No planning scheme overlay applies (other than bushfire overlay when the premises are
<2000m2
© THG
Superseded Planning Scheme Requests
Under IPA we had 2 years to make the request and the associated
development application.
Under SPA this timeframe has been shortened to 1 year and introduces a
new two step process:• Applicant to submit request to council for the application to be assessed under the
superseded planning scheme (to be submitted within the 1 year);• If council accept the application to be submitted and assessed under the superseded
planning scheme (notice to be issued within 30bd) then the applicant has 6 months to submit the development application.
© THG
Building & Development Committee
The building and development committee can now hear the following
matters (i.e.. you do not have to take them to the P & E Court):• Decisions in respect to a class 1 building; and• Condition in respect of a class 2 building if no more than 3 stories and no more than 60
units
The notice of appeal form is available on DIP’s websitehttp://www.dip.qld.gov.au/index.php?option=com_content&task=viewid=146&Itemid=234
© THG
Final Comments on SPA
On paper moving forward
Cultural change required
© THG
Thank you
© THG