Page 5654 - Week 15 - Thursday, 10 December 2009
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Clause 6 permits quick, technical variations to be made to the territory plan to improve clarity of language or remove redundant provisions.
As noted earlier, clauses 9, 10 and 11 make it clear that the development application for a new building does not require reassessment or revisiting of the existing use of land if that use was already authorised by an existing lease.
Clause 12 makes the default track for lease variations the merit track, unless the development table of the territory plan says otherwise. Clause 12 also confirms the assessment track for adding a use to a lease is the track that applies to the new use.
Clause 19 makes it clear that a call-in of a development application does not stop public notification and agency referral steps unless the minister expressly requires this. This position is consistent with the underlying principles of the existing act. The act currently requires the Planning and Land Authority to stop work on a development application when a call-in is made. Whether the call-in has the effect of stopping the public notification process depends on the timing, in other words, when the minister elects to call the matter in. Clause 19 recognises these options in the call-in process but does so in a clearer and more transparent fashion.
Clause 41 prohibits amendments to an already granted development application if the amendment would interfere with a court-imposed DA condition.
Clause 72 permits ACTPLA to obtain full data set and updates of lessee contact addresses from the ACT Revenue Office. Updates are to be available on a regular basis but not more often than once every three months. This will enable ACTPLA to notify development applications and to take compliance action more effectively and quickly. This information will be protected by existing provisions in the Planning and Development Act.
Clause 77 is a transitional provision to extend the power to make temporary modifications to the Planning and Development Act by regulation. This power will now persist for a five-year period, expiring on 31 March 2013. This is to ensure that the government has the flexibility to respond quickly to any new issues that may arise as a result of continuing industry and community consultation.
These amendments involve a number of incremental but important clarifications and improvements to the planning legislation. The bill will in effect help consolidate and augment the recent major improvements to the planning system that I referred to earlier.
The Planning and Development Amendment Bill (No 2) confirms the government’s commitment to ensure that our planning system is simpler, faster and more effective. It reflects our consultations with the community and industry and reflects the great work that the Planning and Land Authority’s legislation team and, indeed, all the staff at ACTPLA are generally doing. I commend the bill to the Assembly.
Debate (on motion by Mr Seselja) adjourned to the next sitting.
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