Page 2353 - Week 07 - Thursday, 17 August 2006
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instrument will establish the final zone boundaries once an estate development plan or subdivision plan consistent with relevant precinct codes has been approved.
Leases will continue to provide a clear statement of tenure rights and obligations. There will be a single streamlined process for granting leases and transparent criteria for granting and administering concessional leases. Important changes to lease administration will include reform options for infrastructure charging and for a codified change-of-use charge system, which is still being investigated. Separate consultation will be undertaken later in the year on this aspect of the reform package. On commencement of the new planning legislation, a new definition of development, which includes use and change of use, will apply to all existing and new leases. New development, such as commencing a new use, may require assessment and approval. In some cases, exemptions will apply; for example, if a new use can commence without involving other new development or building works and alterations. A use of land as specified on a lease is not, in itself, an assessable activity, but the territory plan would regulate the impacts of commencing a use.
The time limit that applies to development approval for the commencement of construction will also apply to development approval that authorises a commencement of use or change of use. If the use does not commence within the prescribed period, the approval lapses. Existing-use rights for uses in operation prior to commencement of the legislation are protected. The continued operation of a use authorised on a lease, or the continued operation of a use permitted on a lease and authorised by a development approval post-commencement, will remain lawful and will not require further development approval to continue operating.
The new territory plan structure consolidates the many planning documents that currently make up the ACT planning system, such as neighbourhood plans, section master plans and planning guidelines. It also introduces changes in terminology and reflects a suite of new development assessment tracks. Under the new territory plan structure all land in the ACT, except designated land which is administered by the National Capital Authority, will be included in a zone, and each zone will have a development table identifying the type of development that may be exempt, prohibited, or require a development application that will be subject to code, merit or impact assessment. Codes will regulate code-assessable and merit-assessable development applications, with greater flexibility for merit development applications. For example, codes have been created for development types, precincts and areas that involve infrastructure provisions.
Code-assessable developments that comply with the requirements of the relevant code will be approved within 20 working days. Code assessment does not involve public notification or agency referral, although individual codes may require evidence that agency requirements have been met. Decisions on code-assessable applications will not be open to third-party appeal. Merit-assessable developments are assessed against codes but allow greater flexibility in satisfying the code criteria. Merit-assessable applications involve public notification and may require referral to another government agency for advice. Time frames are incorporated into the assessment tracks to give the authority, the applicant and referral entities specific time frames to comply with for each stage of the assessment process. For example, the authority has 10 working days to send a request notice asking for further information, the applicant has 28 working days to respond to a
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