Page 1841 - Week 05 - Thursday, 6 May 2010
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However, for many other types of developments such as garages and carports there is not necessarily this informal “double-check” and no capacity to provide a formal written response. The reforms proposed by this bill put in place a non-mandatory process for people who would like to have their “self-assessment” confirmed by a licensed person and to have a record of this decision.
This record is then available for a variety of future uses. For instance, a prospective buyer would have “peace of mind” that the exempt single dwelling they are looking at buying is an exempt development or that the double garage is exempt development.
The bill also provides a mechanism so that an applicant for a building approval will now receive a written response. When appropriate this will confirm for the applicant why an approval could not be issued in instances where a building approval is declined.
Mr Speaker, the bill amends the Building Act, COLA and the Planning and Development Act. COLA is amended to expand what a works assessor and building surveyor can do. The Building Act and planning and development provisions relative to the application process are similar in both acts. They cover how to make an application to a licensed person; what materials need to be provided with the application; how, if the licensed person accepts the application, they will then manage its consideration; and, finally, how the applicant will be advised of the outcome of the application.
Mr Speaker, I will now turn to a more detailed discussion of the key provisions of the Building Act and the Planning and Development Act that will put in place the framework for these reforms to operate, and this, Mr Speaker, should come with a warning that this section is most definitely for planning nerds.
The application provisions are at clause 4 for the Building Act, inserting a new part 2, and clause 46 for the Planning and Development Act, inserting a new division 7.3.1A. New section 14E of the Building Act and new sections 138B to 138G of the Planning and Development Act provide for the more effective operation of the processes for an exemption assessment B and/or D notice.
New sections 14 and 138B set out the requirements of an application for an exemption assessment B or D notice including the need for the application to have a number of copies of the plan of the proposed development. New section 14A and section 136C are designed to ensure a proponent is not forced to have an exemption assessment B or D notice when applying for building approval or development approval.
Asking for an exemption assessment notice is not mandatory. A building surveyor is already, and will continue to be, required to assess whether a proposed development is exempt when deciding an application for a building approval. However, if a proponent has obtained and supplies an exemption assessment notice, the person making the decision must use it.
New section 14B of the Building Act and 138D of the Planning and Development Act provide that if an application has been made to the building surveyor or a works
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