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Development assessment Kate Heckelmann Principal Planner Planning Group

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Page 1: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Development

assessment

Kate Heckelmann

Principal Planner

Planning Group

Page 2: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Planning Act Regulation DA Rules

Decision rules

SARA

Public notification timeframes

Alternative assessment

managers

Requirements for properly

made (incl. owner’s consent

and fee)

Post approvals – changes/

extensions/ appeals

Who is the assessment

manager/ referral agency

Assessable development

and referral triggers

Assessment benchmarks

Prohibited development

Fees (SARA)

Publicly accessible

documents

Development assessment

process from lodgement to

decision

Public notification

requirements

Includes changes to

applications

SDAP

How the state will assess

applications with a state

interest

Development assessment framework

Page 3: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Development assessment

Changes in the Planning Act

• Categories of development

• Assessment benchmarks

• Decision Rules

• DA Rules

• Change approvals

• Notice about decisions / Statement of reasons

• Exemption certificates

• Alternative assessment managers

• Variation approvals – the new 242

• No more rolling currency provisions

Page 4: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

New categories of assessment

Accepted Assessable Prohibited

All development other

than assessable or

prohibited

development or

identified as such in a

categorising

instrument.

Development a categorising instrument states

can only be carried out with a development

approval. Development

identified in a

categorising

instrument as

prohibited.

Code

assessment

Impact

assessment

Page 5: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Decision rules

Code Impact

• A bounded assessment

• Must be assessed only against

assessment benchmarks (stated in the

categorising instrument)

• Must have regard to matters prescribed

by the Regulation

• The assessment manager must approve

the DA to the extent it complies with

assessment benchmarks

• Can still refuse if can’t condition to meet

benchmarks

• Can use conditions

• Must be carried out against the

assessment benchmarks

• Must have regard to any matters

prescribed by regulation

• May be carried out against or having

regard to any other relevant matters,

such as planning need, or the current

relevance of the assessment

benchmarks in the light of changed

circumstances

Page 6: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

IDAS DA Rules

Page 7: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Important changes to the DA process

Changes under the DA Rules

• All automatic time extensions removed

• Ability to elect not to receive an information request

• Stopping a Current Period (max 130 b.d.) can only be carried out by an applicant

• Lapsing

• Further advice

• Statement of reasons

• New signage requirements

• DA Form 1 and DA Form 2 (2 replace 30 IDAS Forms) + 1 change application form

Page 8: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

DA Rules Parts

Page 9: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Public notification

Signage requirements

Page 10: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

IDAS automatic extensions

Timeframes

Code Impact

Page 11: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Changing applications and approvals

DA Rules – changing an application

• Minor change

• Change about matters raised in a submission, an information request or Further advice

• Other changes

Page 12: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Changing applications and approvals

Planning Act – changing an approval

• During the applicants appeal period

• Change Representations - 20 b.d. assessment period *NEW*

• After Appeal Period

• Minor Change + Other Change

Page 13: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Transition from SPA to the Planning Act

Chapter 8 of the Act

• Existing approvals – rollover provisions

• Current applications

• Plan Sealing

Page 14: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

What do planners need to know?!

Development assessment

• Get across the new timeframes and process

• Understand the new applicant tools available to navigate the process

• Have a clear understanding of your roles and responsibilities in DA

• Focus on open communication before and during development assessment

• Applications made under SPA will continue to SPA

Get ahead of the game!

Page 15: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

State Assessment

Referral Agency

(SARA)

Steve Conner

A/Deputy Director-General

Planning Group

Page 16: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Touch on

• SARA mk.2 Prelodgements

• Pre-referrals

• Information Requests and Further advice

• SARA conditions working smarter

• Ministerial Infrastructure Designations

Page 17: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

SARA mk.2

• focus on outcomes and solutions, not just process

• dealing with less time

• assist applicants prepare ‘decision ready’ applications

• providing clearer and earlier signals to applicants

Page 18: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

SARA mk.2 Prelodgements • flexible approach

- meetings, calls, written advice

- level of detail

• have the right SARA reps to participate

• end of meeting minutes – supplement if necessary

Page 19: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Pre-Referrals • only where minimal assessment is required & answer

is either ‘no requirements’ or standard conditions

• anything else.. use normal referral pathway

Page 20: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Info Requests (IR) and Further Advice (FA)

• SARA acknowledges – IRs have been ‘jumbled’ up

• FA is the ‘new’ statutory notice empowering changes

• an application may be subject to either, or both, processes

Page 21: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Info Requests (IR) and Further Advice (FA)

• IRs for ‘essential’ info only • FAs for:

• aspects of DA with issues/concerns • SDAP non-compliance • In clear order of significance • Key element of our ‘no surprises for

applicants’ culture • avoid giving us substantial new material

within 2 bds prior to decision / response

Page 22: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

SARA conditioning working smarter

… not harder

• focus on more lawful & enforceable conditions

• tighter… ‘GIA’ plans

• tighter…’GIA’ reports

• no more unenforceable ‘behaviour managing’ conditions

• minimalist & clearer advice

• revised model conditions between DILGP and technical agencies

Page 23: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

MyDAS2

Intuitive, interactive and intelligent

• DILGP’s new and improved online DA system

• New look and feel – inherently better

• Improved system performance = less time online

• Better lodgements process… from 20 mins to 7 mins

• Quicker, smoother, simpler online steps to prepare an application

• System now supports all web browsers and devices

• MyDAS2 is easier to use!

Page 24: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Ministerial Infrastructure Designations v CIDs

• Planning Minister for state designations

• DILGP provides planning support & coordination

• more accountable / transparent.. splitting roles of proponent / assessor

• coordinated state interest review

• no appeals

• clearer decision outputs

Page 25: Development Assessment under the Planning Act ·  · 2017-06-19Development assessment process from lodgement to decision Public notification requirements Includes changes to applications

Take home messages

SARA – open for business:

• a value-adding prelodgement process

• Further Advice and better communication with applicants

• using MYDAS2

Also for…

• Ministerial Infrastructure Designations