Page 2148 - Week 06 - Tuesday, 8 May 2012
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Put simply, if a proposed draft plan variation would increase development rights, then the consultation notice would be required to be provided to each affected lessee in the adjoining section. Therefore, a change from one category to another means going from, for example, CZ4 to RZ3. The consultation notice for this type of draft plan variation is required to be given to each lessee in adjoining sections and the lessees of any rural blocks.
Turning to the second outcome that has been agreed between the government and Ms Le Couteur in relation to pre-DA community consultation for a development application to remove the concessional lease status, this amendment prescribes a new type of development proposal that requires a proponent to complete pre-DA community consultation. Pre-DA community consultation provisions were inserted into the act by the Planning and Building Legislation Amendment Act 2011 (No 2). It is important that the community has an opportunity to be consulted early on any proposal to remove the concessional status from a lease, because of the interest many people in the community have in relation to these leases. This is highlighted by the proposal in relation to the Brumbies site. For consultation separate to the notification that will happen should a development application proceed there is no change to the existing DA notification.
Turning to the other government amendments that have been put forward today, in relation to exemptions from requiring development approval, new clause 26A inserts a new requirement that a proponent of certain exempt developments must give written information to adjoining residents—ie, the neighbours. Government amendments 6 and 7 are related to this amendment. Consequential amendments are made by government amendment 1 and in new clauses 4A and 4B. Together these amendments put in place a new requirement to give written information to neighbours if the development proposal is a single dwelling on old residential land or a single dwelling demolition on old and new residential land. It does this by providing separate exemptions for single dwellings on old residential land and new residential land and inserting into the criteria for a single dwelling on old residential land and demolition of a single dwelling on old residential land an additional criterion that requires compliance with new section 1.19.
This means that, in future, all single dwellings being built on blocks on old residential land will need to provide written information about the development to neighbours. In other words, knockdown rebuilds, including alterations to existing homes, will be required to be notified to the neighbours. This notification is done by the proponent, not the authority. Neighbours can discuss the proposal with the proponent, but there is no requirement for the proponent to change their development as a result of this notification, unless, of course, they choose to do so.
The written information will be things like the elevations, site placement and scale and will not be required to include internal details about the development proposal. The proponent can use any reasonable means to deliver the written information, such as Australia Post, email or by hand. Because the intent of the amendments is to notify neighbours about what is happening next door, the written information is required to be given to the resident of the dwelling, which may not be the lessee.
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