Page 4141 - Week 13 - Thursday, 14 December 2006
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As part of its simplified development assessment model, the ACT is the first jurisdiction to adapt the national leading practice development assessment model to underpin development assessment decision making.
A central feature of the new land management system is the assessment track process. This system involves the allocation of a particular track or assessment method for each and every type of development. At the highest or most general level, development proposals will fall into one of three main tracks: exempt development that does not require approval; at the other end of the scale, prohibited development; and assessable development that requires a development application and approval.
All assessable development will be assessed under one of three tracks: the code, merit or impact tracks. The track-based system has several advantages. Firstly, it ensures an efficient use of resources by allowing appropriate levels of assessment resources to be tailored to each track. Secondly, it ensures effective processes by allowing appropriate and clear time frames and processes to be set for each track. Thirdly, it provides clarity and transparency for applicants and the wider public through consistent treatment of all developments in the same track.
I would like to give a brief outline of how each track will operate. There will be an increased range of development that does not require development approval, and an increased range of simple structures that do not require building approval or a licensed builder. For example, new homes in new estates will be exempt from development approval. Building certifiers will instead check development compliance against the relevant code prior to issuing a building approval. Relatively simple structures that can be safely built by a home owner—for example, small sheds and carports within specified dimension limits—will not require building approval, but may be subject to a safety code.
The development tables of the territory plan will indicate what matters are prohibited. The bill makes it clear that the Planning and Land Authority must not accept any application for prohibited development. Further, it will not be possible for the applicant to make a merit appeal to the Administrative Appeals Tribunal.
Development under the code track must comply with the stated quantifiable, numerical rules of a code. Because public consultation occurs when the codes are being established, applications in this track will not require public notification and there will be no third-party appeal rights. Similarly, agency referrals will not be required, as agency requirements will be included in the codes. The statutory time frame for decisions on applications in the code track will be 20 working days.
The merit track is most similar to the current system. Development proposals in the merit track will be assessed under rules requiring the exercise of judgment. Notification requirements will vary depending on the nature of the proposal. For example, single residential development will only require notification of the neighbours. A larger multiunit development may require full public notification, including a newspaper ad, a sign on the block and letters to interested parties. Third-party appeals will be available only for those matters that are fully notified, where a representation has been made and material detriment can be demonstrated, unless
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