Page 1563 - Week 05 - Thursday, 15 May 2014
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The ACT Greens have done a lot of work in the past to enhance community consultation and notification processes. We need to take a common-sense approach, and I think these changes to notification are sensible and appropriate.
Finally, with regard to survey certificates, clause 17 of the bill amends section 25(3) of the Planning and Development Regulation. This clause changes the section that refers to the need for a development application to include a survey certificate. Currently they are not required for development of certain sizes, with different thresholds for residential and commercial or industrial developments, on the basis that smaller developments do not warrant the associated expense.
The bill changes section 25(3) to refer to residential versus non-residential development, rather than using the term “commercial or industrial”. This is to remove inconsistencies which currently exist, so that the section applies to non-residential developments which are neither commercial nor industrial, such as community facilities.
This change brings the size thresholds for survey certificates for the development of community facilities in line with other non-residential developments, and broadens the application of the section, which is a sensible change. There are also technical and editorial changes. The final changes do offer clarity and update cross-references and are not consequential.
In summary, this bill fulfils the criteria for an omnibus bill, with changes that deliver minor technical amendments, and supports a more efficient operation of the territory’s planning laws. I am pleased to support this bill today.
MR COE (Ginninderra) (11.24), by leave: The opposition will be supporting the majority of the Planning, Building and Environment Legislation Amendment Bill 2014. However, we will be opposing one clause which we believe places unnecessary restrictions on builders and could potentially lead to significant delays in building projects.
The bill contains four main policy changes and several other minor amendments to the Building Act 2004, the Building (General) Regulation 2008, the Planning and Development Act 2007, the Planning and Development Regulation 2008, the Unit Titles Act 2001 and the Utilities Act 2000.
Clauses 4 and 5 of the bill make amendments to the reporting requirements for certifiers under the Building Act. The amendments will partially reverse the dramatic reductions which were made to the requirements in 2007. Under the new provisions, a certifier must inform the Construction Occupations Registrar about contraventions relating to building work and stop and demolition notices as well as offences relating to the occupation and use of buildings and restriction on the use of buildings. The certifier must inform the registrar within the prescribed time frames or they may be liable for a penalty of up to five penalty units.
Clauses 6 to 11 clarify the compliance requirements for fences, retaining walls, large buildings and external alterations. Clause 12 of the bill amends the Planning and
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