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FACT SHEET
Land Use Planning and Approvals Amendment (Streamlining of Process) Bill
2014
The Bill makes a number of amendments to the Land Use Planning
and Approvals Act 1993 and the Local Government (Building and
Miscellaneous Provisions) Act 1993.
Principally, the Bill amends Division 1A and Divisions 2 and 2A of
the Land Use Planning and Approvals Act to provide more
streamlined processes for interim planning schemes and for making
amendments to all planning schemes, and removes the dispensation
process for interim planning schemes.
The Bill amends the Land Use Planning and Approvals Act 1993 by:
Including in the test for making, declaring, amending etc a
planning scheme that the relevant decision-maker must be of
the opinion that a planning scheme is consistent with the
existing provisions of the Act;
Reducing the timeframe for public exhibition of interim
planning schemes from 2 months to 42 days, and the
timeframe for planning authorities to provide a report on the
representations from 4 months to 3 months;
Removing the requirement for a planning authority to provide
a copy of each representation on a common provision to
each other planning authority within the region;
Providing a single, consolidated set of criteria for where an
amendment can be made to a planning scheme without the
requirement for public exhibition. This is based primarily on
the existing criteria in Divisions 1A and 2 of the Act with the
addition of two criteria relating to interim planning schemes,
where the public interest will not be prejudiced.
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These two new criteria require the Commission to notify for
a period of 14 days, its intention to amend the scheme under
this section, so as to determine based on public submissions
whether the public interest will be prejudiced;
Providing that an amendment can be made to an interim
scheme under Division 2 or 2A of the Act, and removing the
current process which allows for a dispensation from the
requirements of an interim scheme (these matters will now
be dealt with through the amendment process);
Removing the requirement for the Commission to hold a
hearing on each representation made in relation to an interim
scheme and providing instead that the Commission may first
consider the matters based on the written representations
and then seek the Minister's approval to make certain
amendments to the scheme that do not require a further
public process because it is satisfied the public interest is not
prejudiced, and or to direct a planning authority to initiate an
amendment that includes a public hearing process, in relation
to other representations;
Providing that the Commission may, rather than must, provide
a written report to the Minister in relation to the common
provisions of an interim scheme, and that this is to occur
within 2 months, rather than 9 months after considering the
applicable matters;
Introducing a statutory timeframe for the Commission to
consider the applicable matters for an interim scheme, of 3
months or such longer period as the Minister allows;
Providing that the Commission can modify an interim scheme
that has been through the current hearing process under the
Act prior to the commencement of the provisions of the Bill
and make a substitute interim scheme with the Minister's
approval (this provides for changes to be made to the
Launceston Interim Planning Scheme resulting from the
Commission's current consideration);
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Repealing the provisions for making a final planning scheme
under section 30N;
Transitional and savings provisions in relation to dispensations,
applications for dispensations, the period in which actions
under the Act must be taken and valid applications (in regard
to the form of the application)
Requiring the planning authority to also certify an amendment
it agrees to initiate within the same 42-day period, or such
longer period as the Commission may allow;
Providing that a planning authority must regard to any relevant
representations or matters in a section 30J report, where
these exist, when deciding whether to initiate an amendment,
and the Commission may have regard to those matters when
considering the representations made in relation to such an
amendment,;
Providing an additional mechanism for an owner or occupier
of land who has made a representation in relation to a change
of zoning when a declared interim planning scheme was
exhibited, to request the planning authority to initiate an
amendment in relation to that zoning, in which case the
request must be forwarded to the Commission which must
then decide whether to seek the Minister's approval to give a
written direction to a planning authority to initiate that
amendment;
Providing a power for a planning authority to require
additional information from an applicant in relation to an
amendment to a planning scheme, in addition to the current
power where the amendment includes an application for a
permit, and introducing a right for the applicant to request the
Commission to review of the requirement for additional
information;
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Providing that a planning authority may withdraw a draft
amendment to a planning scheme where the draft
amendment was initiateds on its own motion;
Providing that a draft amendment must be publicly exhibited
for 28 days, or such longer period as the Commission and the
planning authority agree, to replace the current period for
public exhibition of not less than 3 weeks or more than 2
months;
Expanding the current power of the Commission to assume
the responsibilities of a planning authority under Division 2
where the planning authority has failed to comply with a
provision within the statutory period, from its current
application to preparation of a draft amendment, to include
certification of a draft amendment; and
Providing that an application for a permit or an amendment to
a planning scheme must be in a form approved by the
Commission, if any such form exists; and
Minor related amendments to support the above changes.
The Bill also makes several other amendments to the Land Use
Planning and Approvals Act 1993, including:
Introducing a shorter assessment timeframe of 28 days for
permitted use and development;
Providing for an interim planning directive to temporarily
suspend or amend the provisions of an existing planning
directive;
Providing planning authorities with discretion to extend a
permit to give an additional 2 years for substantial
commencement, to a maximum of 6 years;
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Extending the current exemption from planning approval for
the reconstruction of accidentally destroyed buildings from its
current application to legally established non-conforming uses,
to include conforming uses; and
Clarifying where a planning authority can make minor
amendments to permits.
The Bill makes a number of other amendments to the Act to
support the above changes, such as introducing new definitions to
the Act and providing that the Commission may allow a longer
timeframe for certain actions to be undertaken by a planning
authority.
The Bill also amends the Local Government (Building and
Miscellaneous Provisions) Act 1993 to allow for subdivision
development to be either a permitted or discretionary
development in a planning scheme.
These provisions aim to support the finalisation of the interim
planning scheme process, to provide a more efficient and timely
process for amending planning schemes, and related matters, while
ensuring due process and appropriate protection of the public
interest and property rights.
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