❓ Hon. Louise Kingston questions the Planning and Development Amendment Bill 2023 regarding the removal of council's power to approve single dwelling development applications, focusing on non-compliant applications and appeal processes.
AnsweredQoN 1372Legislative Council
QuestionView source ↗
PLANNING AND DEVELOPMENT
AMENDMENT BILL 2023
1372. Hon LOUISE KINGSTON to the minister representing the
Minister for Planning:
I refer to the government's
Planning and Development Amendment Bill 2023 and the plan to remove councils'
ability to approve single dwelling development applications, vesting the power in
the CEO.
(1) How many
local governments currently do not have a delegation to the CEO to approve
single dwelling development applications?
(2) In the
instance that a single dwelling development application is deemed ''noncompliant''
with a local planning policy or law, will the applicant still have the right to
have the application referred to council?
(3) If not, how does the government expect refused
single dwelling development applications to be dealt with?
AMENDMENT BILL 2023
1372. Hon LOUISE KINGSTON to the minister representing the
Minister for Planning:
I refer to the government's
Planning and Development Amendment Bill 2023 and the plan to remove councils'
ability to approve single dwelling development applications, vesting the power in
the CEO.
(1) How many
local governments currently do not have a delegation to the CEO to approve
single dwelling development applications?
(2) In the
instance that a single dwelling development application is deemed ''noncompliant''
with a local planning policy or law, will the applicant still have the right to
have the application referred to council?
(3) If not, how does the government expect refused
single dwelling development applications to be dealt with?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following response has been provided by the
Minister for Planning.
(1)–(3) The
Planning and Development Amendment Bill 2023 seeks to cut red tape on simple
residential projects by ensuring consistency across the local government
sector. Many local governments already have some level of delegation for their
decision-making but this act seeks to achieve a consistent approach for simple residential projects across all local governments.
Planning schemes often already have discretion built into them. This is
evidenced, for example, in State planning policy 7.3: Residential design
codes , or R-codes, embedded in every local scheme, which provide
performance-based assessment criteria. Many local governments take the
opportunity to further guide discretion in relation to specific matters and
prepare local planning policies. Elected
officials retain this responsibility. Single homes that do not meet the deemed to comply criteria of the R-codes are more appropriately assessed by suitably
qualified and experienced planning staff and should not be a matter of local
politics. The appeal rights for applicants remain unchanged. Under section 14
of the Planning and Development Act 2005, applicants already have a right to appeal
if they are dissatisfied by a condition of approval or a decision of refusal.
some notice of the question. The following response has been provided by the
Minister for Planning.
(1)–(3) The
Planning and Development Amendment Bill 2023 seeks to cut red tape on simple
residential projects by ensuring consistency across the local government
sector. Many local governments already have some level of delegation for their
decision-making but this act seeks to achieve a consistent approach for simple residential projects across all local governments.
Planning schemes often already have discretion built into them. This is
evidenced, for example, in State planning policy 7.3: Residential design
codes , or R-codes, embedded in every local scheme, which provide
performance-based assessment criteria. Many local governments take the
opportunity to further guide discretion in relation to specific matters and
prepare local planning policies. Elected
officials retain this responsibility. Single homes that do not meet the deemed to comply criteria of the R-codes are more appropriately assessed by suitably
qualified and experienced planning staff and should not be a matter of local
politics. The appeal rights for applicants remain unchanged. Under section 14
of the Planning and Development Act 2005, applicants already have a right to appeal
if they are dissatisfied by a condition of approval or a decision of refusal.
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