Sustainable Planning Act 2009

What will be covered?

• True prohibitions

• Standard scheme provisions

• Deemed approvals

• Properly made application notices

• Changing an application or approval

• Reviving lapsed applications

What will be covered?

• Missed referrals

• Building and Development Dispute

Resolution Committees

• Access for works

• Changes to compensation and

applications under superseded

planning schemes

• Transitional provisions

Why have a SPA?

• Improved planning, accountability,

coordination, integration and

efficiency

• Focus on sustainable outcomes

• More flexibility

• Reduction in IDAS timeframes

• Faster development on the ground

• Fast-track assessment processes for

simple applications

In Truth

An amended IPA

True Prohibitions

• Prohibited development – what is it?

• SPA Sch 1 = consolidated list

• Standard planning scheme provisions (planning schemes, structure plans, TLPIs)

• State planning regulatory provisions

True Prohibitions

• DA(SPS) for prohibited development

possible in limited circumstances =

better than the SEQRP, VMA etc

• Otherwise no compensation

• Will be more DA SPS applications –

need to monitor these prohibitions

and scheme changes

Standard Scheme

Provisions

• Will include prohibitions that planning

schemes can impose

• Mandatory and non mandatory

provisions

• Aiming at consistency

• E.g. layout, definitions, zones,

overlays, infr planning, codes

Missed Referrals

• Applicant gives notice

• No lapse

• IDAS does not stop

• Decision stage delayed until the

referral is done

Deemed approvals

• Only code assessable applications (some exceptions)

• Applicant gives a deemed approval notice once decision making period has passed and before decision made (not before decision notice given)

• Deemed to be approved

Deemed approvals

• AM can set conditions, or failing that, standard conditions apply (made by the Minister)

Deemed approvals

• Councils will focus on these types of

code assessable applications

• More refusals?

• Neglect of Impact assessable

applications = more deemed refusal

appeals?

Properly made application

notices

• AM must give a notice stating the

reasons why it is not a pma and the

actions required to make it a pma

• AM must do this within 10 business

days of the application being

submitted

• Applicant takes the action within 20

business days (or longer if agreed)

Properly made application

notices

• Applications will progress faster

• No penalty on the AM for delay in

giving the notice?

• Reduce the number of Originating

Applications to the Court due to

Council inaction

Changing an Application

• Minor change = no need to revert to

an earlier IDAS stage (regulation to

prescribe)

• Correct a mistake in name, address,

property details

• Change of applicant

• Not a “substantially different

development” (+ no new referrals, no

change to the type of DA and does

not become impact assessable)

Changes to how you

change approvals

• “Permissible change” :

- Not a “substantially different” development

- No new referrals

- Does not become impact assessable

- Would not trigger a new submission

- Not prohibited development

Information Response

• 6 months, not 12 months

• 3 months if the application is in response to a show cause notice or enforcement notice

Reviving lapsed

applications

• Delay in the information response

• Delay in starting public notice

• Delay in giving the notice of

compliance

Reviving lapsed

applications

• Giving notice of intention to revive

application (5 business days)

• Then take the action within 5

business days (or longer if agreed)

• Buy yourself 2 weeks

The Building and

Development Dispute

Resolution Committees

(BDC)

• Choice of PEC or BDC

• Declaration about whether it is a

properly made application

• Not available for an issue about

owner’s consent or resource

allocation

The Building and

Development Dispute

Resolution Committees

(BDC)

• Declaration about acknowledgement

notices for prescribed buildings

• Class 1 and class 10

• Declarations about changes to an

application for a prescribed building

The Building and

Development Dispute

Resolution Committees

(BDC)

• Appeals about DA for an mcu for a

prescribed building

• Not available if impact AND a

properly made submission lodged

• Conditions appeal for a DA for a class

2 building (max 3 storeys and 60

units)

The Building and

Development Dispute

Resolution Committees

(BDC)

• Fast track proceedings

• No lawyers

• Pay own costs

DA SPS Changes

• Request for application of SPS

• 1 year (not 2 years)

• Form + fee + description (or the

application)

• Easier to do?

• Then lodge the application within 6

months

DA SPS Changes

• Can apply for prohibited development

under the changed provisions

• No compensation where mandatory

part of the standard planning scheme

provisions

• Transitional provisions – 2 year

period remains for changes prior to

the SPA taking effect

E-IDAS

• Submission of material – cost saving?

• Submissions (objections)

• Easier to prove what was submitted

and who did what when = cost

savings

Entry Powers

• E.g. - development approval requires

infrastructure on land or drainage

over land

• Reasonable measures taken to

obtain the owner’s consent

• Action is necessary for the

development to proceed (care with

wording on plans and of conditions)

• Council can take land under Acq of L

Act for private development

Changing over -

transitional provisions

• Undecided applications under IPA

continue under IPA

• IPA approvals become SPA

approvals

• DA SPS rules – transitioning of the 2

year window

Issues not Yet Addressed

• DA SPS and 3.1.6 applications

• What the further prohibitions will be

• What will the standard planning

scheme provisions be (and the

mandatory provisions = no

compensation)

Conclusions

• An amended IPA, not a new Act

• Some interesting amendments

• Some issues not deal with