Page 2147 - Week 06 - Tuesday, 8 May 2012
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discussions the government has engaged in with Ms Le Couteur in relation to three main outcomes that we believe can be accommodated within the government’s bill. The first relates to draft plan variation consultation; the second to consultation on development applications to remove concessional status; and the third to single-dwelling DA-exempt notification to neighbours. There are seven amendments designed to achieve these outcomes.
In relation to providing for further improvements to consultation on draft territory plan notices, proposed new clause 10A amends the Planning and Development Act to require that the draft plan variation consultation notice is provided to persons, and proposed new clause 25A in government amendment No 4 amends the Planning and Development Regulation to prescribe the type of variation and who the consultation notice must be given to. The regulation at present only provides that one type of variation is required to be provided to each lessee of each block in the adjoining section. The regulation can, in the future, prescribe particular types of variations and who that variation is given to. A wider or narrower notice can, for example, in relation to a draft variation, require that it must be given to each lessee in a particular suburb.
The amendment inserts a new requirement into the act to provide that the consultation notice and the extension notice for certain types of draft plan variations are provided to all affected lessees. In this way, the amendment ensures that persons most likely to be affected by a major draft plan variation have the consultation notice delivered to them at their address, which may be different from the actual address of the affected lease, for instance, if the property is rented.
The act provides that different types of draft plan variations can be prescribed by regulation and that the regulation can also prescribe who the consultation notice must be given to. This allows the notification to match the draft plan variation type and the affected community. Some variations may require wider notification while others may warrant less. The amendments will provide for flexibility in this regard.
This changes the current circumstances where currently the consultation notice is only required to be published in a daily newspaper. The amendments recognise that not all affected lessees will know about the draft plan variation through the newspaper. This amendment further improves information to the community about important planning changes that affect them.
In relation to government amendment No 4, this amendment is related to the amendment proposed through government amendment No 3, which inserts a new requirement to provide the consultation notice, including any extension notice, to persons for certain types of draft plan variations. The zones in the territory plan are grouped into categories, and within each category there are a number of zones. The zones within the category are prefaced by the letters before “Z”. For example, the residential category starts with “R”, so it appears as “RZ”. The regulation provides that a draft plan variation that changes a zone’s category to another category—apart from the variation that changes the zone to RZ1, urban open space zone; NUZ3, hills, ridges and buffer zone; NUZ4, river corridor zone; and NUZ5, mountains and bushland zone—is prescribed.
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