Page 1817 - Week 06 - Thursday, 9 May 2013
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urban area is approved, the territory plan can be varied to identify the zones applicable to the land in accordance with the approved plan as a technical amendment and without further community consultation. It should be noted that the EDP and the proposed provisions are publicly notified before assessment. Any ongoing provisions in the EDP—for example, bushfire attack levels for building construction—can also be incorporated into the territory plan.
However, when the EDP is not in a future urban area there is presently no provision in the Planning and Development Act to permit ongoing provisions in the approved EDP to be incorporated into the territory plan as a technical amendment. The bill will provide this capacity. The sort of situation we are talking about is where the Planning and Land Authority includes ongoing provisions as part of approving the development application.
The effect of this change can be illustrated by past development in Bonython. Some years ago an application for the subdivision of part of Bonython was lodged with the planning authority. This land was zoned RZ1 but was not a future urban area under the territory plan. At the time the act did not provide for the uplift of ongoing provisions, such as bushfire provisions, into the Bonython precinct code. The provisions proposed in this bill will provide the opportunity to efficiently add ongoing provisions in future subdivisions of this sort. Once again such provisions must be fully consistent with the territory plan.
The bill, however, contains a proviso. Where the authority includes ongoing provisions as part of the approval of the development application, the ongoing provisions may not have been the subject of community consultation as a part of the development application process. The bill therefore requires in this situation that the technical amendment of the territory plan is subject to limited community consultation.
In summary, the bill covers these scenarios. Firstly, if an EDP for a future urban area that contains ongoing provisions is approved in accordance with the development application assessment process then the Planning and Land Authority can vary the territory plan to incorporate the plan, including the ongoing provisions, without further consultation. Secondly, the Planning and Land Authority can vary the territory plan to reflect zoning changes and to amend and introduce new codes in a future urban area provided it has undertaken limited consultation on the variation. Thirdly, the Planning and Land Authority can vary the territory plan to incorporate ongoing provisions for an existing area that is not a future urban area.
The bill clarifies that the Planning and Land Authority can vary the territory plan as a technical amendment to incorporate all EDPs, including ongoing provisions that are part of the EDP itself and those imposed by the authority and also clarifies what consultation about the variation, if any, is required.
I now briefly turn to elements about community consultation in the bill. The Planning and Development Act currently provides that consultation on those territory plan variations that require consultation must be at least 15 working days. The same time period is specified for full draft variations as for technical plan variations. Clauses 4 and 7 of the bill change these time frames. The minimum period for both types of variations is increased but the increase is greatest for full draft variations.
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