4077ENV: Week 6 Lecture Notes (IDAS - Development Control)
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What is Development?
- - Carrying out building work;
- - Carrying out plumbing or drainage work
- - Carrying out operational work;
- - Reconfiguring a lot; or
- - Making a material change of use of premises (s.7).
What is operational work?
What is a material change of use?
- A material change of use of premises means:
- - The start of a new use of premises; or
- - The re-establishment on the premises of a new use that has been abandoned; or
- - A material change in the intensity or scale of the use of the premises (s.10).
Levels of assessment for new development
- 1. Exempt development: No assessment required (s.231).
- 2. Self assessable development: Self assess your development for compliance with any applicable codes (s.236).
- 3. Development requiring compliance assessment: Submit to a compliance assessor to check for compliance with applicable codes.
- 4. Assessable development (code or impact assessable): Submit to council for assessment in accordance with SPA requirements.
- 5. Prohibited development: Not allowed (listed in SPA, Schedule 1)
Rules about Development
- • All development is exempt development unless it is declared otherwise (s.231) by:
- - a regulation,
- - a State planning regulatory provision
- - a planning scheme or temporary local planning instrument;
- - the SPA, Schedule 1 (prohibited development)
- • In cases of conflict between a regulation and local planning instruments, the regulation prevails. (s.233)
SP Regulation, 2009 (Schedule 3 & 4)
SP Regulation, 2009 (Schedule 5 - 7)
Assessable development: types of approval (s 240)
- - Development permit: A development permit authorises assessable development to occur to the extent stated in the permit subject to the conditions in the permit and any preliminary approval relating to the development (s.243).
- - Preliminary approval: A preliminary approval approves assessable development to the extent stated in the approval but it does not authorise development to occur (s.241).
When is a Development Approval Required?
- • A development permit is required for assessable development (code or impact).
- • A preliminary approval may be sought for assessable development.
- • A development permit is not required for –
- – exempt development;
- – self-assessable development; or
- – development requiring compliance assessment.
Compliance assessment: types of approval
- Compliance permit: Authorises development requiring compliance assessment to take place -
- (a) to the extent stated in the permit; and
- (b) subject to the conditions in the permit. (s 394)
- Compliance certificate: Approves documents or works requiring compliance assessment -
- (a) to the extent stated in the certificate; and
- (b) subject to the conditions in the certificate. (s.395)
- Some types of code assessable development applications will be deemed approved if the decision-maker fails to make a decision within the decision-making period and the applicant, before the application is decided, gives a written deemed approval notice to the assessment manager (ss 331, 333).
- AM may still impose conditions within 10 bds.
About Preliminary Approvals
- - Preliminary approvals allow developers to stage their development applications in line with a project’s other progress.
- - A preliminary approval is binding on any subsequent development approval (s.243).
- - A preliminary approval for a material change of use requiring impact assessment may override a planning scheme (s.242).
Definitions of development (SPA s.10)
- Building work means …
- - Excavating or filling for or incidental to [building work]
- Operational work means ….
- - Excavating or filling that materially affects premises or their use …. [but not building work]
- Material change of use means …
- - The start of a new use of the premises
When is an ancillary use the principal use?
IDAS: KEY FEATURES
- Make notes on:
- - The function(s) of each stage
- - The main rights &responsibilities of applicants and others
- - Time frames (where possible)
- - Any discernible impacts on the quality of decision-making including impact on environmental decision-making
- - Public v private interests in IDAS (accountability v flexibility)
Stages of IDAS (SPA, Chapter 6)
- 1. Application Stage
- 2. Information and referral stage
- 3. Notification stage
- 4. Decision stage
- 5. Compliance stage
Stage 1 of IDAS: Application Stage (ss.260-269)
- The assessment manager determines whether a development application has been properly made and, if so, what type of assessment is necessary for that application, including whether or not any referral agencies must be consulted. (10 bds)
- - Leads to an acknowledgment notice.
The Acknowledgement Notice (s.268)
- • Identifies the type of approval applied for
- • Identifies referral agencies
- •Identifies applicable codes for code assessable development
- • States public notification requirements for impact assessable development
- • Will state if the AM does not intend to make an information request
Stage 2 of IDAS: Information and Referral Stage (s.270)
- • Gives the assessment manager and concurrence referral agencies the opportunity to request further information necessary for assessing the
- • Gives concurrence referral agencies the opportunity to exercise their concurrence powers.
- • Gives referral agencies an opportunity to advise the assessment manager about an application.
What is a referral agency?
- • A referral agency is a concurrence agency or advice agency.
- • See SP Regulation, Schedule 7, for a list of all referral agencies and their particular IDAS jurisdiction.
- • See SP Regulation, Schedule 6 for a list of when referral agencies become the Assessment Manager for an application.
Referral Agency Assessment (s.282)
- Each RA must consider:
- – SPRPs,
- – Any applicable regional plan and SPPs if not reflected in the planning scheme (or Regional Plan)
- – Any concurrence agency codes
- – Laws and policies administered by the RA
- – The planning scheme
Stage 3 of IDAS: Notification Stage (s.294)
- • Allows the public the opportunity to make submissions about an application and in so
- doing, to secure a right to appeal an assessment manager’s decision when it is given (s 294). (15-30 bds)
- – The stage only applies to applications requiring impact assessment or /and applications for a preliminary approval that will vary the effect of a local planning instrument affecting the land (s 242).
Stage 4 of IDAS: Decision Stage (s.308)
- The assessment manager brings together all the information acquired in the earlier stages of IDAS and makes a decision on the application. (20 bds++)
- – The assessment manager is obliged to make a decision even if the concurrence agency requires the application to be refused (s 308).
Decision Stage of IDAS
- - Assessing applications (ss. 313-317, 326)
- - Negotiated decisions (ss.361)
- - When approval takes effect (s.339)
- - Currency periods (s.341)
- - Deemed approvals (s.331)
- - Appeal rights (ss.461-462, 493)
Stage 5 of IDAS: Compliance Stage
- - Enables development, documents or work relating to development to be assesses for compliance against any applicable regulation, planning instrument, approval or compliance permit
- - If the development, document or work achieves compliance or can be conditioned to achieve compliance, the assessor must approve the request (s.407).
- - For compliant development a compliance permit will be issued; for a document or work, a compliance certificate will be issued (ss.394-395).
Standard IDAS Time Frames
- Application Stage:
- - 10 bds
- Information and Referral Stage:
- - 10 bds to make a request + up to 6 months for applicant to respond + 20 bds to assess the application (s.283)
- Notification Stage (impact assessment only)
- - Notification for at least 15 (or 30) bds (applicant has 20bds to commence this)
- Decision Stage
- - 20 bds + 5 bds to notify relevant parties
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