Page 3204 - Week 10 - Thursday, 25 September 2014
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to but related to the main building work. For example, site work could include putting up safety fencing or removing a tree.
The bill will address the Auditor-General’s comments by requiring certifiers to issue a site work notice when granting building approval for proposed building work in certain circumstances.
The required site work notice will need to be provided to affirm the certifier’s conclusion that the works are DA exempt and indicate the basis for this. In particular, the site work notice will need to identify the provisions of the Planning and Development Regulation that form the basis of the conclusion that the works are DA exempt. The notice will also need to identify any relevant territory plan codes.
The process of determining whether site works are DA exempt is an assessment that the certifier is already required to undergo under the Building Act. Consistent with best practice, the proposed amendments will require the certifier to prepare a level of documentation to underpin this assessment and make the thinking behind it transparent.
It is important to note that the requirement for the site work notice does not add red tape but makes it clear what the documentation requirements of this existing assessment process are.
I would also add that the requirement for a site work notice will not apply if the relevant site work has been approved by development approval or been declared to be exempt by a works assessor or building surveyor under what is known as an exemption assessment D notice, as to do so would duplicate requirements.
Under the Planning and Development Act, a landowner can apply to a works assessor or building surveyor for one of these notices. The D notice confirms whether the landowner’s proposed development is DA exempt in the view of the works assessor or building surveyor. It is not compulsory for the landowner to apply for the D notice. This process is separate to and independent of the building approval or development approval processes.
However, what the bill does is to make a related amendment to the Planning and Development Regulation to ensure that that the D notice must contain the same information as a site work notice. This amendment ensures that the two processes are consistent. Importantly, the amendments contained in this bill will address the concerns of the Auditor-General without overburdening certifiers with paperwork.
The bill also makes three minor policy amendments to the Planning and Development Act. Firstly, the bill amends the Planning and Development Act to allow the minister to amend a development approval originally decided by the minister under the call-in powers.
Under section 197 of the Planning and Development Act, an application can be made to amend a DA that has been decided by the Planning and Land Authority. There is presently no specific power under the act to amend a DA that was originally decided by the minister under the call-in powers.
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