4077ENV: Week 6 Lecture Notes (IDAS - Development Control)

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4077ENV: Week 6 Lecture Notes (IDAS - Development Control)
2011-06-16 23:22:00

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  1. 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).
  2. What is operational work?
  3. 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).
  4. 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)
  5. 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)
  6. SP Regulation, 2009 (Schedule 3 & 4)
  7. SP Regulation, 2009 (Schedule 5 - 7)
  8. 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).
  9. 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.
  10. 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)
  11. Deemed approvals
    • 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.
  12. 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).
  13. 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
  14. When is an ancillary use the principal use?
    • 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)
  16. Stages of IDAS (SPA, Chapter 6)
    • 1. Application Stage
    • 2. Information and referral stage
    • 3. Notification stage
    • 4. Decision stage
    • 5. Compliance stage
  17. 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.
  18. 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
  19. 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
    • application.
    • • Gives concurrence referral agencies the opportunity to exercise their concurrence powers.
    • • Gives referral agencies an opportunity to advise the assessment manager about an application.
  20. 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.
  21. 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
  22. 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).
  23. 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).
  24. 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)
  25. 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
    • (s.393).
    • - 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).
  26. 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