Module 03 Authority Approvals And Planning Controls PDF

03. AUTHORITY APPROVALS AND PLANNING CONTROLS Introduction This module is aimed to assist graduates and architects with two to eight years of experience and more to have a better understanding of authority approvals, planning controls and how these matters affect the practice of architecture. We wi...

03. AUTHORITY APPROVALS AND PLANNING CONTROLS Introduction This module is aimed to assist graduates and architects with two to eight years of experience and more to have a better understanding of authority approvals, planning controls and how these matters affect the practice of architecture. We will also briefly introduce other standards such as NCC and DDA that affect your work during the preparation of development applications. Presenter Rouzbeh Loghmani, associate director City Planning Works Rouzbeh is an urban planner and urban designer with experience in the design and delivery of urban development projects of a variety of scales. He is a Registered Planner with the Planning Institute of Australia and a visiting lecturer in the fields of urban design and planning at The University of Sydney, School of Architecture, Design and Planning. Learning outcomes On completion of this module you should be able to: – Assist your client / the project team with: – Preparing and successfully submitting development applications – Securing project approvals post-submission – Choosing the right review / dispute resolution mechanism – Avoiding the risks associated with the development application / approval processes – Understand the planning assessment / compliance system and the regulatory bodies in your state – Efficiently interpret building / development certification, Disability Discrimination Act (DDA) and National Construction Code (NCC) requirements and other relevant matters such as certificates or permits required for construction, occupation, etc. NSCA 2015 Performance Criteria This module relates to the following competencies from the National Standard of Competency for Architects 2015: Design: Schematic Design 4.9 Obtain approval for the design from client and / or relevant stakeholders Documentation: Detailed Design 5.8 Presentation of detailed design to facilitate relevant client and stakeholder approvals  Project Delivery: Construction Stage 8.8 Ensure that warranties, schedules, as built documentation, certificates, approvals and other project information are completed and handed to the client and relevant authorities as required under the contract. NSCA 2021 Performance Criteria This module relates to the following competencies from the National Standard of Competency for Architects 2021: Detailed Design and Construction Documentation PC 40 Be able to resolve and present a coherent detailed design solution within necessary timeframes to obtain client and stakeholder approvals. References ABIC contracts -statutory approvals https://acumen.architecture.com.au/project/building-contracts/abic-contracts/statutory-approvals Certificates of title https://acumen.architecture.com.au/project/core-architectural-services/regulatory- requirements/certificates-of-title/ Heritage buildings https://acumen.architecture.com.au/project/core-architectural-services/design-considerations/ heritage-buildings/ DDA – Disability Discrimination Act https://acumen.architecture.com.au/practice/legislation/dda---disability- discrimination-act-/ National Construction Code (NCC) https://acumen.architecture.com.au/project/core-architectural- services/regulatory-requirements/national-construction-code-ncc/ Requests for issuing certificates https://acumen.architecture.com.au/requests-for-issuing-certificates Non-complying building products https://acumen.architecture.com.au/project/core-architectural-services/material-considerations/ non-complying-building-products/ The architect’s role Practising architects are frequently asked by their clients to manage the development application (DA) process on their behalf. In addition to understanding the process, risk and outcomes, architects should encourage the client to appoint specialist consultants as required. The architect’s responsibility is not to do all the DA work alone, but to engage with relevant experts to support the proposal. The architect needs to manage the client’s interests and direct them towards the right path at a time when their focus is on the initial budget. Getting the right advice at the right time will save costs down the track. Architects should inform clients about the DA process. It is critical (and an architect’s responsibility) to invite the client to join every meeting with council so that they can develop a better understanding of how council works. This helps manage the client’s expectations, as well as the extent to which the client holds the architect liable for council decisions, especially should problems arise in gaining approval along the way. In summary, the architect’s involvement with the development approval process is mainly formed around these two skills: – Understanding the development application (authority approvals) processes and correctly interpreting planning controls – Advising the client on the process and to appoint the right consultants for the job The planning framework Local, state or federal government agencies and offices stipulate that their consent is required by law prior to, during or after carrying out works on a site or a building. The nature, scale and location of a project define the range of stakeholders and the consent authorities that need to be consulted for a development application. The primary source for finding out about the consent authorities relevant to a project is the local council. Application forms available from council websites are valuable sources as to the documentation necessary for any application. There are many types of applications submitted to consent authorities seeking approval for building and site works, where these approvals are required by law. Approvals may be needed for works as small as the addition of a new fence or changing the colour of a window on a heritage building to large-scale development such as master planned precincts. The outcome of any application may be a conditional approval, a deferred commencement or a refusal. For an application to be approved by a consent authority, it needs to be acceptable in the view of the assessing body. This does not necessarily mean a good design from an architectural point of view, but rather a compliant scheme that can satisfy the applicable controls. Where the outcome of an application determination is not satisfactory, or parts of an approval require a review, a new application can be submitted to the same or a different consent authority. Where full compliance with planning regulations and guidelines cannot be achieved, a development proposal may still be justified based on the degree of impact it may have on the environment and its benefit for the general public. To avoid risks relating to development applications, such as financial or legal difficulties in dealing with urban planning controls, architects should consult an urban planner from the beginning of a project. If not, ask for help when it is needed, before it is too late. Most projects will benefit from the early activation of a project team of consultants to provide preliminary advice in their area of expertise. This is important as architect’s insurance will not cover providing specialist advice outside of an architect’s area of expertise, for example, the preparation of a Statement of Environmental Effects (SEE) that later proves inadequate. Planning governance: consent authorities Architects most regularly deal with local and state planning controls, however a development may be affected by provisions of commonwealth law, for example a site located in or near national park land in urban areas. This triggers the need for assessing the proposal against the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). What types of projects will end up with the decision makers at state level? State significant development or infrastructure projects, developments over a certain minimum capital investment value (CIV) e.g. $30 million in NSW, may go to state planning panels such as NSW’ Sydney Planning Panels or Joint Regional Planning Panels.. Very large projects may be referred to additional authorities, for example NSW projects of CIV over $100 million go to the Independent Planning Commission. Some types of planning applications e.g. rezoning applications may be referred to state panels if they are not supported or assessed by local councils within a certain amount of time. For local DAs the decision-making bodies are either council planning officers, committees or the local planning panels. Councillors no longer determine DAs. Some planning decisions require concurrence from other approval bodies, e.g. development on main roads, within bush fire prone land or under airports flight paths. Reference to such bodies frequently delays approval process. An applicant for a development application to either the state or local government can appeal a decision made by the relevant authority to the courts, for example the NSW Land and Environment Court (LEC). In addition, third parties may have limited appeal rights in some jurisdictions for specific types of development. Statute law (commonwealth and state) Statute law is typically: – Devised by a government – Framed and enacted by a parliament – Supported by subordinate legislation (e.g. regulations – Applied by nominated / delegated authorities. State or local government offices including sectors other than planning. – Interpreted by courts. Judgements by the court can be referenced in the assessment of planning issues where controls are not clear or do not provide sufficient assessment criteria. – Subject to change. Changes are not always well publicised. Architects need to check the currency of an interpretation of the regulations with the planner at the beginning of a project and before submitting it to council. – Available online via government legislation and planning websites, and AustLii Planning controls and guidelines in NSW The NSW planning system is used here to illustrate a number of examples of urban planning regulations, consent authorities and approval processes. Considering urban planning systems differ between states and territories, the terminology, processes and requirements for applications and approvals referenced below should be compared with those in other states and territories. Although the NSW planning system is relatively complicated, the main concepts and processes remain the same in all states. In NSW, the Environmental Planning and Assessment (EPA) Act (1979) and Regulations (2000) are the highest level of legislative requirements and regulations controlling development throughout the state. Under the EPA, State Environmental Planning Policies (SEPPs) and Local Environmental Plans (LEPs) are legislative controls and compliance with them is required by law. They are also referred to as Environmental Planning Instruments (EPIs). Development Control Plans (DCPs) are guidelines, not legally binding, but can become big problems if too many guidelines are breached or a proposed development does not meet the objectives or the neighbourhood character statements. SEPP requirements overrule LEP and DCP controls where there is a discrepancy. Examples are the Apartment Design Guide (ADG) design criteria and guidelines for visual privacy and solar access or SEPP BASIX standards for efficiency in energy and water consumption. Note: Draft LEPs need to be considered only when on public exhibition. Types of development in NSW Exempt development does not need council assessment or consent, or notification to neighbours. Complying development can be carried out by obtaining a CDC (Complying Development Certificate) which can be issued by a PCA (Principal Certifying Authority) that is either a private certifier or council in 10 days. Local development requires council approval through a development application (DA) process. This is the most “traditional” scale of development approval process that architects are familiar with and which is discussed further below. Integrated development requires more than one approval from other government bodies like Sydney Water, Transport for NSW, etc. Designated development, State Significant Development (SSDs) and State Significant Infrastructure (SSIs) have increased level of impact. Designated developments are typically those likely to generate pollution such as piggeries, coal mines and big marinas. These types of development require the preparation of an Environmental Impact Statement (EIS) instead of a Statement of Environmental Effects (SEE). An EIS has a different format to a SEE and contains an extensive assessment of the potential environmental impacts of a proposal. Crown development cannot be refused by state or local governments except with the approval of the minister for planning. The assessing body can ask for changes to the application, but the proposed changes should be accepted by the applicant or the minister for planning. Crown development must not be confused with development on Crown land. Crown development is that initiated by any government department, which has a minister, but does not include authorities. Crown development can be carried out on private or Crown land. Development assessment and determination processes To prepare a proper DA, an architect needs to: – Discuss the project with the relevant consultants at the early stages of your design. Some fatal mistakes can be avoided when not much time and budget spent on a project. – Understand the applicable planning controls. Avoid guesses and make sure the exact definition of every term and control is known. – Prepare architectural documentation in accordance with the requirements listed on the application form or otherwise advised by the consent authority. At a minimum an architect needs to submit a properly produced SEE and the expert reports that relate to the nature of the proposal. – Package the DA in accordance with the consent authority submission protocols. – Make sure all owners signed the forms if there are more than one. – Double check the fees with Council before attending the front desk with the documents and a cheque. Generally, applications assessed by local planning panels or council planners are subject to construction cost. While the fees for applications submitted to state planning panels are based on capital investment values (CIVs) which include furniture fittings, architects’ and consultant fees. – Architects are advised not to nominate themselves as the applicant. Architects cannot act as expert witness in the court if acting as the applicant for a DA. All the above items can turn into risks and hazards for the submission of a DA, if they are not followed properly. Pre-DA meetings are advisable where the proposal is for large scale development that challenges the existing planning system, or when there are a number of design options and council feedback on them is sought, but they are not uniformly advisable for smaller developments. The advice given in a pre-DA meeting cannot be relied on for the main submission. Council’s approach and position can differ from the one taken in the pre-DA meeting. Pre-DA meetings will extend project timeline by about six weeks. Some Councils accept online submissions. If not available, applications should be submitted in person to avoid unnecessary delays. The consent authorities will ask for additional information or possible changes after submission in the majority of cases. Architects may need to meet with the consent authority during the assessment period. Architects should not forget to inform the client and encourage them to attend the meeting. When receive a development approval, architects should always review the conditions carefully and make sure the consent authority requirements can be satisfied at the later stages. If not satisfied with the conditions, architects can always submit a modification application to change them, subject to the authority’s approval. If a refusal is issued, the applicant can either appeal to the court or submit a review application to the Council. A review application can also be submitted if an unsatisfactory approval is issued. Development application lodgement and assessment process It takes about two weeks for a DA that is successfully submitted to council to be allocated to an assessment officer. The notification period for a typical DA is 14 days (can be extended to 21 days for more sensitive DAs i.e. schools, hospitals) and 28 days for integrated development. This period does not include public holidays over the Christmas period. Note that there is no legal deadline for neighbours to stop them from submitting their objection to council. The applicant is not required by law to submit a response to objections, but it is always good to do so when the objections are of a certain number and raise valid design or planning issues. Generally, the assessing officer starts his/her work on the DA after the notification period. The assessment can take months to be finalised and the architect may be required by council to provide more information (true for perhaps 99% of DAs). When the officer finalises the assessment report, it needs to be reviewed and signed off by their team leader or manager. The determination letter and the conditions of consent, if an approval is issues, will be sent to the applicant. A determination on a development application may have to be made by another body such as a Local Planning Panel if events such as the following happen: – the project value is within a certain range, e.g. between $5 and $30 million in NSW, – the DA receives a certain number of objections, – the proposal is for the demolition of a heritage item, – the degree of non-compliance with a (LEP) development standard is 10% or more – the DA is for sensitive development such as childcare centres or schools Possible outcomes – No decision, also called deemed refusal. If the applicant does not hear from council within a certain timeframe, e.g. 40 days after submission, they can typically appeal to the courts for a decision. – The application may be rejected by council at the counter or within two weeks after submission, if it does not include sufficient documentation in accordance with the requirements listed on the DA application form and checklist. Rejection usually results from incomplete or inaccurate DA, or a DA for a land use that is prohibited in the zone. – Approval with conditions sometimes requires changes to the proposed design. Some conditions need to be satisfied prior to lodging a Construction Certificate (CC) or obtaining an Occupation Certificate (OC). – Deferred Commencement approval requires compliance to be achieved with some requirements that do not make part of general conditions of consent. An example is remediation of a site from potential contamination when it cannot be used for the purpose of the development subject of the approval in the existing site conditions. A Council officer can issue the development consent as soon as the applicant provides the necessary evidence of satisfying deferred commencement requirements. Operation of approvals – Approval lasts for 2-5 years from the date of the determination letter. The date is crucial. The consent is typically operational from the date that the applicant receives the consent, though council may argue that the consent is in effect from the date that the consent was issued. This may not look very important at the time the consent is issued, but it becomes crucial if the development is being postponed to the very last days of the period. Remember to record the date and send a reminder to the client if the development is not physically commenced towards the end of the period. – Approval period may later be extended an additional number of years under limited circumstances – Approval period is not extended by modification applications or the obtaining of a construction certificate – Approval becomes a perpetual approval through physical commencement, i.e. approval cannot be revoked once works have started based on the approval – If deferred conditions are included in the approval, they need to be satisfied first for the approval to become operational. – Approval is only actionable when notice is in hand. Do not make any assumptions! Review / dispute mechanisms in case of a refusal Accept Council assessment outcome or relodge as a new DA. If a review application submitted by an applicant, Council has a certain amount of time, e.g. six months, to determine the application. Thus, better to lodge the review application promptly, e.g. within two months, after receiving the determination letter or Council may refuse a review application. A review application can be made on amended plans. This is similar to the deemed refusal appeal process referenced above. Modification applications are mainly used when the applicant is not satisfied with a condition of consent or wishes to make tangible changes to the approved scheme that cannot be done as part of the construction certificate drawings or not acceptable by the certifier. It is required for the changes proposed under a modification application to an approved DA to result in a development that is substantially the same as the originally approved DA. Substantially the same is relative and depends on many factors being the size and scale of the proposed changes in comparison to the approved DA. Construction approvals (certificates) Typically after development approval is obtained, further approvals (variously known as certificates, permits, etc.) must be obtained before commencing construction, before occupying a completed work, or at other times such as regularising a previously non-complying construction. This includes alterations and additions to an existing building and works subject of a complying development certificate (CDC). The PCA can be a private certifier or council. Approval to commence construction e.g. a Construction Certificate (CC) is required for all works except for complete demolition. This is crucial for large scale development, where preparing for-construction drawings takes time and demolition can be progressed meanwhile. If building works are commenced without construction approval, then later approval to occupy the works e.g. an Occupation Certificate (OC) will not be issued. The requirement for construction approval prior to the start of building works is distinct from compliance with the deferred commencement conditions. These conditions need to be satisfied for the DA to become operational. For-construction drawings cannot show significant differences to those submitted for development approval. Other certificates Occupation approval cannot be granted if construction approval has not been obtained for a building. Works carried out without construction approval may be approved retrospectively by an application for a regularising certificate, e.g. a Building Information Certificate (BIC). Issuing a regularising certificate for a building stops council from requiring additional works for the next seven years. Regularising certificates only cover physical (building and site) works. A development application may still be required for any change of use of a building. Acts, codes and standards This section discusses a number of federal and state acts, codes and standards that apply to development and building works. Based on the type of the development and the location of the site, compliance with the relevant requirements of all or some of these items is required by law. These requirements are not urban planning controls or guidelines, but they need to be checked from the early stages of design to make sure the proposal can achieve compliance with the relevant requirements at the commencement and completion stages. Disability Discrimination Act Disability Discrimination Act 1992 (DDA) applies to buildings via the Disability (Access to Premises – Buildings) Standards 2010, known simply as the Premises Standards. The Premises Standards list the buildings that must comply, who is responsible for compliance, exemptions from compliance, and an Access Code of technical building standards. The purpose of the Premises Standards is to both: – provide for equitable and dignified access to new buildings, and those areas of existing buildings that undergo renovation or upgrade that requires a building approval, and – provide greater certainty to those involved in the design, construction, certification and management of buildings in relation to the level of access required in the buildings covered by the Premises Standards. National Construction Code The National Construction Code (NCC) while federally based is applied by state / territory legislation. Other areas of legislation relevant to development and construction approval processes – BASIX commitments – Bushfire protection – Coastal management – Riparian land and biodiversity – Contamination and remediation Concluding summary – Architects must familiarise themselves with planning requirements early and guide clients through development approval processes – A number of mechanisms exist to appeal decisions by planning authorities or to modify an application after submission or decision – Further certificates are required beyond development approval to commence construction, occupy completed works, or at other times such as to regularise works built without construction approval  State Legislation Australian Capital Territory: Land use planning is overseen by the ACT Planning and Land Authority, which administers the Planning and Development Act 2007 New South Wales: Land use planning is overseen by the NSW Department of Planning and Environment, which administers the Environmental Planning and Assessment Act 1979 Northern Territory: Land use planning is overseen by the Department of Lands, Planning and the Environment, which administers the Planning Act 1993. Queensland: Land use planning is overseen by the Department of State Development, Infrastructure and Planning, which administers the Sustainable Planning Act 2009 South Australia: Land use planning is overseen by the Department of Transport, Planning and Infrastructure, which administers the Development Act 1993 Victoria: Land use planning is overseen by the Department of Transport, Planning and Local Infrastructure which administers the Planning & Environment Act 1987 Western Australia: Land use planning is overseen by the Planning Western Australia, which administers the Planning & Development Act 2005 Tasmania: Land use planning is overseen by the Tasmanian Planning Commission, which administers the Land Use Planning and Approvals Act 1993. – State Planning Systems – Disclaimer: – While the information contained in this table has been compiled with all due care, City Planning Works does not warrant the information provided by third parties is current or free from error or omissions. – State – Governing – Local Council System – Design Guidelines – Application Process – Strategic process – Outcome – Other Legislation Victoria – Planning and – Local Councils are – Urban Design Guidelines for – Application are to be – Municipal Planning – A planning – The time Environment Act referred to as Victoria cover the whole state. lodged electronically at Strategy (MPS) and permit taken to 1987 Municipalities. The guidelines cover urban City of Melbourne the Planning Policy (authorises a approve structures, movement networks, website. The requirements Framework (PPF). specific use or planning – Each Municipality has a public spaces, public transport include but not limited to: development of permits by Planning Scheme which environments, buildings and -Application form – The PPF is the policy land, or both), different sets out the planning rules objects in the public realm. See -Title of land content of planning or councils can - the state and local link below for further details: -Metropolitan Planning Levy schemes. It includes – A building be seen on policies, zones, overlays – https://www.urban-design- Certificate part of the Victoria permit this website and provisions about guidelines.planning.vic.gov.a -Application fee Planning Provisions (authorises the – http://knowyo specific land uses that u/ -Reports (VPP) in the form of construction or u inform planning decisions. -Plans (Need to be state and regional demolition of a rcouncil.vic.gov. These are developed in – Municipal Planning Schemes submitted in hard planning policies and building or au/compare- cooperation with the State also cover some aspects of copies as well) local content in the structure) councils Government. design – Access copies of form of local planning planning forms and policies. – You can see/download checklists via the a copy of the following link – Plan Melbourne Melbourne Planning https://www.melbourne.vic.go 2017- 2050 outlines Scheme from the v.au/building-and- the MPS. Plan following link: development/planning- Melbourne is a long- – https://planning- and- building- term plan to schemes.delwp.vic.gov.au/ services/forms- fees- accommodate d checklists/pages/plannin Melbourne’s future ata/assets/pdf_file/0007/ g- forms-checklists.aspx growth in population 48 and employment. 5134/Melbourne_PS_Ordin – https://www.planmelbour an ce.pdf ne.vic.gov.au/ ACT – Territory Plan set – No separate councils in – DCPs are written for specific – Three pathways for – The Consolidated – The Territory – Map available out under the ACT – all areas come sites only. See the following link the submission of National Capital Plan Plan is used to to show – Australian under the application of for more information: DAs are: https://www.nca.gov.au/c inform the controls Capital Territory the Territory Plan https://www.nca.gov.au/planning -code track – for simpler onsolidated-national- assessment and relevant to a (Planning and accessible via: - heritage/special- developments that capital-plan approval of site Land https://www.planning.act.gov. requirements- areas/what- meet all the relevant development http://app.act management) au/tools-resources/plans- development-control- plan- rules in the Territory applications. m Act 1988, registers/plans/territory_pl process Plan – 2025 Strategic Plan The Territory api.act.gov.au/ an -merit track – for most – https://www.act.gov.au/_ Plan cannot a – Urban Design Guidelines developments, including _data/assets/pdf_file/ generally ctmapi/index. provide guidelines for some varying a lease, multi-unit 00 control ongoing ht sites, areas and land uses. We and commercial 10/1284589/2025- management of ml?viewer=dev could not locate any developments, and single a development (e.g.  territory wide documents: houses Strategic-Plan.pdf hours of – https://www.nca.gov.au/planning- -impact track – for operation). This and-heritage/policy-and- developments that is a matter for strategy/guidelines- may have a major other ACT development impact on the government environment. agencies. – Prior to submission, large and – See the following link significant proposals are for more information: – The Territory reviewed by The National Capital – https://www.planning.act.gov. Plan rarely Design Review Panel. au/build-buy- prescribes style, renovate/build- buy-or- colours or other – Proposals must meet 10 Principles renovate/approvals/devel artistic choices set out in the Design Principles op ment-applications of developments. for the ACT This is a matter – https://www.planning.act.gov.au/ – See checklist – presented for the lessee dat as a matrix and market to a/assets/pdf_file/0008/140438 https://www.planning.act.gov. decide. 6/NC DRP-Design-Principles- au/ for-the- ACT.pdf data/assets/pdf_file/00 – https://www.planni 09/1096911/minimum- ng.act.gov.au/ documentation- dat requirements-for- a/assets/pdf_file lodgement- of-a- / development- 0007/1439026/t application.pdf e rritory- plan- overview- factsheet.PDF South – Development – Each council had a – Included in the Development Plan – Developments are – The 30-Year Plan – New system Australia Act 1993 and Development Plan (non- assessed against the for Greater is currently at the Planning, statutory policies). These Development Plan. Adelaide 2017 the Development plans are broken down Maximum assessment covers metropolitan consultation and into zones that define time is 12 weeks for a council areas. stage. Infrastructure areas in council and not complicated proposal. Regional Plans for Act 2016 land uses as defined in other areas. legislation, NSW. operational in – https://livingadelaide. different parts of – Follow this link to see the sa. gov.au/ South Australia. Adelaide (City) – https://www.legisl development plan ation.sa.gov.au/L https://www.sa.gov.au/topics/ Z planning-and- /C/A/PLANNIN property/development- G plans/greater- %20DEVELOP metropolitan- adelaide- ME development- NT%20AND%2 plans/adelaide-city- 0I development-plan NFRASTRUCTU  RE %20ACT%2020 1 6.aspx Western – Planning and – Planning and Development – R-Codes (residential design – Either a minor or major – State Planning Australia Development (Local Planning Schemes) codes) control the design of most development Strategy 2050 Act 2005 Regulations 2015. residential development application. – https://www.dplh.wa.gov. – https://www.legisl – https://www.dplh.wa.gov.au/lp throughout Western Australia. au/projects-and- ation.wa.gov.au/le sregs https://www.wa.gov.au/service/natural – Minor do not require initiatives/planning- gislation/statute -resources/land-use- additional reports for- the-future/state- s. – Local Planning Schemes management/residential-design- beyond plans and a planning-strategy-2050 nsf/main_mrtitle_7 must Statement of Planning Compliance  22_homepage.ht be consistent with State codes regarding the R-Code m l and regional planning and general description – Draft Local Planning schemes that apply in – The Model Scheme Text (see of the proposal, existing Strategy prepared by some areas. section 3.1.2) building and compliance every LGA. This is More than one Local – contains a provision that should with Universal Access. similar to the NSW Planning Scheme may be be included in all local planning strategic planning in place at one time. schemes, to the effect that the – Major projects need a 3D documents. See the development of land for any model, technical reports following introduction – See Perth Local Planning residential purposes in the local and a detailed Planning to WA planning system Scheme: scheme area must conform to the Compliance Report. for more information. https://www.perth.wa.gov.au/ provisions of the R-Codes. The R- develop/planning- Codes Assessment Checklist – https://www.dplh.wa.gov. framework/planning- streamlines residential au/getmedia/58e41b5 schemes development applications 3- 1db3-4ff4-a5b4- https://www.dplh.wa.gov.au/getmedia 96592cc1fb35/WAPC – There are also precinct /95b27d38-de53-4078- - plans which apply to b416- intro_to_planning_system specific areas within a 20c7083d3461/SPP_7- council. 3_residential_design_codes_assess me nt_checklist Northern – Northern Territory – Covered by the Northern – Covered by the Northern Territory – All Development – Every council has a Territory Planning Scheme Territory Planning Scheme Planning Scheme Applications in any Municipal Plan, – https://nt.gov.a – Municipality are processed required under the u/ no council specific by and decided upon by, Local Government controls. property/buildin the Development Consent Act 2008. g- and- Authority (Territory development/nt Authority not council). - planning- Council is invited to scheme/norther comment on any n- territory- application. Development planning- Permit is then approved by scheme the Development Consent – under the Authority and sent to Planning Act council to add any 1999 additional conditions. – https://legislatio n. – https://www.darwin.nt.gov.au/ nt.gov.au/en/Le council/development- gi permits/planning- slation/PLANNIN development/guidelines- G for- planning -ACT-1999 Queensland – The Planning Act – Under the Sustainable – Each council refers to their – The development and – The State Planning – A dispute and – The new 2016 Planning Act 2009, own planning guidelines. assessment process are Policy 2017 is the resolution planning – https://www.legi https://www.legislation.qld.go – Brisbane City council references set out in the Planning pre- eminent state framework system sl v.au/view/html/asmade/ac their streetscape design which is Act 2016. planning instrument support the comprises ation.qld.gov.au/ t- 2009-036 derived from their Brisbane City – The following are needed that expresses the planning system. three main vi – planning schemes have Plan 2014 that outlines the at the time of lodging a state interests in For refusals by elements: ew/html/inforce been set out. Each council desired design of the LGA. DA: land-use planning the Planning and plan- making, /c urrent/act- has their own planning – https://www.brisbane.qld.gov.au/pla -Application form and development. Environment development 2016- 025 scheme which nn -Building work details if – https://dsdmipprd.blob. Court, assessment sets out the use and ing-and-building/planning- associated with c the Development development  development of land - guidelines-and-tools/brisbane- -Reports ore.windows.net/general/ Tribunal, and and dispute strategic framework, city- plan-2014 -Plans FactsheetSPPOverview local councils, resolution. zones, local plans, -Portable long service levy - resolutions overlays, local government Applicationandoperatio avenues can be infrastructure and – See the checklist: n. pdf accessed, as development codes. – https://planning.dsdmip.qld.g specified in the ov.au/planning/resources?qu – The Queensland legislation. – The state planning policy ery=da-form-1 Plan- Queenslanders' has been integrated with 30-year vision, also the planning scheme. outlines addressing – Follow this link to see the future goals. Brisbane City Council – https://www.queensland planning scheme plan.qld.gov.au/assets http://eplan.brisbane.qld.gov. /i mages/qld-plan.pdf au/ Tasmania – Land Use – The Tasmanian Planning – The Tasmanian Planning Scheme – The application process – There are 3 land use – The City of – Planning Scheme accessible via: provides standardised for Hobart City Council strategies that set Hobart has 28 and Approvals https://www.iplan.tas.gov.au/ requirements across the state, requires: out the long-term day to assess a Act 1993 Pages/XC.Home/Home.aspx although the design of residential -Landowner consent planning goals for permitted – https://www.legi – consists of Local urban areas is left to builders and -Title of land the 3 Tasmanian application sl Provisions Schedules designers. See the following fact -Plans regions: under s58 ation.tas.gov.au/ (LPSs) which apply to sheet: -Planning report of cover (application for vi each municipal area, as – https://planningreform.tas.gov.au letter explaining the – The Southern other permits) of ew/html/inforce well as State Planning / d proposal Tasmania Regional the Land Use /c urrent/act- Provisions (SPPs). The ata/assets/pdf_file/0005/3908 -Other relevant reports Land Use Strategy Planning and 1993- 070 LPS is yet to be in effect. 57/F act-Sheet-3-Tasmanian- – https://www.hobartcity.com.a 2010-2035 Approvals Act The LPS indicates how Planning- Scheme-Residential- u/Development/Planning/ (STRPP) informs the and 42 days to the SPP will apply to each Development- September- Pla nning-guidelines-and- structure plan being assess a municipal area. 2017.pdf help/Information-to- prepared by discretionary – See the link below to include- in-your- councils. application view Brighton Council planning-application – https://www.planning.tas. through s 57 LPS gov.au/ (applications for – https://www.brighton.tas.gov.a data/assets/pd discretionary u/planning/tasmanian- f_file/0004/332986/S permits) once all planning-scheme/ o the required uthern_Tasmania_Regi information is on submitted. al_Land_Use_Strategy_ - _Amended_Effective_9_M ay_2018.pdf – North West (also referred to as Cradle Coast) Living on the Coast: The Cradle Coast Regional Land Use Planning Framework – https://www.planning.tas.  gov.au/ data/assets/pd f_file/0011/332984/Liv in g_on_the_Coast_- _declared_27Oct2011.pd f – Northern Land Use Strategy of Northern Tasmania  – https://www.planning.t as. gov.au/ data/assets/pd f_file/0003/332985/ Nor thern-Tasmania- Regional-Land-Use- Strategy-27-June- 2018.pdf NSW – The – Each council has its own – Every council has their own – There are 3 pathways – Each council has a – After a DA Environmental Local Environmental Plan Development Control Plans for approval process: strategic planning approval a Planning and (LEP) which is in (DCP) which is supplementary to -Exempt development- for document that is construction Assessment Act accordance with the the LEP and State minor building guided by the Greater certificate (CC) 1979 EP&A Act 1979. Environmental Planning Policies renovations or works Sydney Commission needs to be – https://www.legis – See the link below to view (SEPP). It specifies detailed that don’t require strategic plan: A obtained to l Willoughby Council LEP guidelines and environmental building approval or Metropolis of Three allow the ation.nsw.gov.au/# https://www.legislation.nsw.go standards for new plans. Cities. commencement /view/act/1979/2 v.au/#/view/EPI/2012/679 developments. -Complying development- – https://www.greater.sydn of works on an 03 a DA that meets the ey/metropolis-of- approved DA. – See the link below to view standards specified. three- cities Post Willoughby Council DCP Approval requires a construction an – https://eplanning.willoughby.nsw.gov.a complying development occupation u/pages/plan/book.aspx?exhibit=w certificate (CDC). certificate (OC) dc p_2016 -Development Application needs to be (DA)- is a formal acquired. application process – https://www.planni that requires council ng.nsw.gov.au/As consent. See the s ess-and- guide below: Regulate/Devel – https://www.planning.nsw.gov. op ment- au/- Assessment/Yo /media/Files/DPE/Manual ur- guide-to- s- and-guides/da-best- the-DA- practice-guide-for- process/Purpos homeowners-2018-06- e- of-this- 07.pdf guide/Structure - of-the-Guide