PLANNING AND DEVELOPMENT (PUBLIC NOTIFICATION) AMENDMENT BILL 2012

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This is a Bill, not an Act. For current law, see the Acts databases.

PLANNING AND DEVELOPMENT (PUBLIC NOTIFICATION) AMENDMENT BILL 2012

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Caroline Le Couteur)

Planning and Development (Public Notification) Amendment Bill 2012

Contents

Page

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Caroline Le Couteur)

Planning and Development (Public Notification) Amendment Bill 2012

A Bill for

An Act to amend the Planning and Development Act 2007, the Planning and Development Regulation 2008, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Planning and Development (Public Notification) Amendment Act 2012.

2 Commencement

(1) This Act (other than schedule 1) commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

(2) Schedule 1 commences on the later of—

(a) the commencement of section 20; and

(b) the commencement of the Planning and Building Legislation Amendment Act 2011 (No 2), section 7.

3 Legislation amended

This Act amends the Planning and Development Act 2007 and the Planning and Development Regulation 2008.

Note This Act also amends the Building (General) Regulation 2008 (see sch 1).

Part 2 Planning and Development Act 2007

4 Public consultation—notification

New section 63 (5A)

insert

(5A) If the draft plan variation is a variation in relation to a zone (other than a technical amendment), the planning and land authority must also give a copy of the consultation notice and any extension notice to the lessee of each lease that is within 500 metres of the perimeter of the zone to which the variation relates.

Note For how documents may be given, see the Legislation Act, pt 19.5.

5 New section 63 (7)

insert

(7) In this section:

lessee—see section 234.

6 Code track—notification, right of review, governmental consultation and reconsideration

Section 117 (a)

substitute

(a) if a development proposal is in the code track, the application for development approval for the proposal must be publicly notified under division 7.3.4 (Public notification of development applications and representations); and

7 Declaration by Public Health Act Minister affects assessment track

Section 125 (1) (c), note

omit

8 What is publicly notifies for ch 7?

New section 152 (1) (aa)

insert

(aa) for an application for a development proposal in the code track that is prescribed by regulation—the authority notifies the application under section 153; or

9 New section 152 (1) (b) (iii)

before note 1, insert

(iii) if the development proposal is, or includes, a lease variation of a concessional lease to remove its concessional status—section 154A.

10 Section 152 (2) (a) and (b)

substitute

(a) under section 155 (Major public notification) and—

(i) if the development proposal is or includes a lease variation—section 154 (Public notice to registered interest-holders) (if applicable); or

(ii) if the development proposal is, or includes, a lease variation of a concessional lease to remove its concessional status—section 154A (Public notice—concessional lease variation);

(b) under section 153 (Public notice to adjoining premises) and—

(i) if the development proposal is or includes a lease variation—section 154 (if applicable); or

(ii) if the development proposal is, or includes, a lease variation of a concessional lease to remove its concessional status—section 154A.

11 New section 154A

insert

154A Public notice—concessional lease variation

(1) This section applies in relation to an application for development approval to vary a lease granted as a concessional lease if the application is for or includes the removal of its concessional status.

(2) The planning and land authority must give written notice of the making of the application to the lessee of each lease (a local place) that is within 500 metres of the perimeter of the place to which the application relates.

Note For how documents may be given, see the Legislation Act, pt 19.5.

(3) The planning and land authority must give a new written notice under subsection (2) if, before the public notification period ends, the authority—

(a) becomes aware that the original notice is defective because its contents are incorrect, incomplete or include misleading information; and

(b) is satisfied that the defect is likely to—

(i) unfavourably affect a person’s awareness of the timing, location or nature of the development proposal in the application; or

(ii) deny or restrict the opportunity of a person to make representations about the application under section 156.

(4) However, the planning and land authority need not give public notice under subsection (2) or (3) in relation to a local place that is leased by the applicant or a person for whom the applicant has been appointed to act as agent.

Note This section is subject to s 411 and s 412.

(5) The validity of a development approval is not affected by a failure by the planning and land authority to comply with this section.

(6) In this section:

lessee—see section 234.

12 Regulation-making power

New section 426 (6)

insert

(6) Subject to any disallowance or amendment under the Legislation Act, chapter 7, a regulation commences—

(a) if there is a motion to disallow the regulation and the motion is negatived by the Legislative Assembly—the day after the day the disallowance motion is negatived; or

(b) the day after the 6th sitting day after the day it is presented to the Legislative Assembly under that chapter; or

13 Reviewable decisions, eligible entities and interested entities

Schedule 1, item 4, column 2

after

s 153

insert

or s 154A,

Part 3 Planning and Development Regulation 2008

14 Exempt developments—Act, s 133, def exempt development, par (c)

Section 20 (6) (c)

substitute

(c) the requirement under schedule 1, section 1.100 (Compliant single dwellings—new residential land) that there be not more than 1 dwelling on a block.

15 New section 27A

insert

27A Public notification of code track development applications—Act, s 152 (1) (aa)

An application for a development proposal in the code track if the application is for the building of a single dwelling on a block, if another dwelling has previously been built on the block.

16 When development approvals do not require amendment—Act, s 198C (2)

Section 35 (4) (c)

substitute

(c) the requirement under schedule 1, section 1.100 (Compliant single dwellings—new residential land) that there be not more than 1 dwelling on a block.

17 Schedule 1, section 1.100 heading

substitute

1.100 Compliant single dwellings—new residential land

18 Schedule 1, section 1.100 (1)

substitute

(1) The building of a single dwelling on a block if—

(a) another dwelling has not been built on the block; and

(b) if the block is a preliminary block—the dwelling is built by the lessee of the holding lease; and

(i) the relevant rules in any relevant precinct code; and

(ii) to the extent that they are not inconsistent with the relevant rules in a relevant precinct code—the relevant rules in the Residential Zones Single Dwelling House Development Code.

Note 1 Relevant rules, for a development proposal—see the Act, dictionary. See also s (3).

Note 2 The general exemption criteria are not applied because the relevant rules in the territory plan include requirements to similar effect as the criteria.

Note 3 Other territory laws, including the Heritage Act 2004, must be complied with (see s 1.4 and s 1.14).

19 Schedule 1, section 1.100 (4), definition of prescribed general exemption critieria

omit

20 Schedule 1, section 1.100A

substitute

1.100A Otherwise non-compliant single dwellings—new residential land

(1) Building a single dwelling (the dwelling) or altering a single dwelling (the alteration) on a block if——

(a) another dwelling has not been built on the block; and

(b) if the block is a preliminary block—the dwelling is built by the lessee of the holding lease; and

(d) each non-compliance relates to the encroachment of the dwelling or alteration—

(i) beyond the front, side or rear setback required under the defined rules; or

(ii) beyond the building envelope that applies, under the defined rules, to the block where the dwelling or alteration is being built; or

(iii) into the minimum private open space required under the defined rules; and

(e) the planning and land authority declares (an exemption declaration) that the building of the dwelling or alteration does not stop being an exempt development because of a non-compliance under paragraph (c) identified in the declaration.

Note 1 Relevant rules, for a development proposal—see the Act, dictionary.

Note 2 The general exemption criteria are not applied because the relevant rules in the territory plan include requirements to similar effect as the criteria.

Note 3 Other territory laws, including the Heritage Act 2004, must be complied with (see s 1.4 and s 1.14).

(2) For subsection (1) (b), a dwelling or alteration is taken to be built by the lessee even if some or all of the building work is done by an employee or contractor of the lessee.

(3) An exemption declaration must state the following distances (each of which is an extended distance):

(a) the distance that any element of the dwelling or alteration may extend beyond the building envelope that applies, under the defined rules, to the block where the dwelling or alteration is being built;

(b) the distance by which any setback for the dwelling or alteration, that is required by the defined rules, is reduced to allow for the encroachment;

(c) the distance by which any element of the dwelling or alteration may encroach into the minimum private open space required under the defined rules.

(4) Not later than 10 working days after a person applies to the planning and land authority for an exemption declaration the authority must—

(a) make the declaration; or

(b) refuse to make the declaration.

Note 1 If a form is approved under the Act, s 425 for this provision, the form must be used.

Note 2 A fee may be determined under the Act, s 424 for this provision.

Note 3 The requirement to make a decision under s (4) does not lapse if the 10-day time limit is not met (see Legislation Act, s 152).

(5) However, the planning and land authority must not make an exemption declaration in relation to a non-compliant dwelling or alteration unless satisfied that—

(a) the non-compliance is minor; and

(b) building the dwelling or alteration other than in accordance with the defined rules—

(i) will not adversely affect someone other than the applicant; and

(ii) will not increase the environmental impact of the dwelling more than minimally.

(6) In this section:

block—see section 1.100 (4).

defined rules means—

(a) the relevant rules in any relevant precinct code that would apply if the dwelling or alteration were not exempt; or

(b) the relevant rules in the Residential Zones—Single Dwelling Housing Development Code that would apply if the dwelling or alteration were not exempt.

preliminary block—see section 1.100 (4).

setback—see the territory plan (13 Definitions).

Schedule 1 Consequential amendment—Building (General) Regulation 2008

(see s 3)

[1.1] New section 30A (c) (viiia)

insert

(viiia) if the building work is for a development mentioned in the Planning and Development Regulation 2008, schedule 1, section 1.100 or 1.100A—where a copy of the plans for the development may be inspected;

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 28 March 2012.

2 Notification

Notified under the Legislation Act on 2012.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

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