The development approval process
This presentation is the property of its rightful owner.
Sponsored Links
1 / 22

The Development Approval Process PowerPoint PPT Presentation


  • 191 Views
  • Uploaded on
  • Presentation posted in: General

The Development Approval Process. UWA – EART4413 – Planning Law Week 9 22 April. Lecture overview. The requirement of approval Different approval bodies The approval process under MRS The approval process under an LPS Conditions. 1. Requirement of approval.

Download Presentation

The Development Approval Process

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


The development approval process

The Development Approval Process

UWA – EART4413 – Planning Law

Week 9

22 April


Lecture overview

Lecture overview

  • The requirement of approval

  • Different approval bodies

  • The approval process under MRS

  • The approval process under an LPS

  • Conditions


1 requirement of approval

1. Requirement of approval

  • What requires development approval?

  • Section 162 of P&D Act

  • “Development” s.4 of P&D Act

  • Development approval is separate to:

    • Subdivision

    • Building licence

    • Other licences – extractive, environmental, health etc.


Requirement of approval

Requirement of approval

  • Any exceptions to rule?


2 approval bodies

2. Approval Bodies

  • Land falling within Scheme

  • Local Planning Scheme

    • Almost all land in state

  • Regional Scheme

    • In addition to LPS

  • Other approval bodies

    • Redevelopment Schemes (s.71 P&D Act)

    • Minister responsible for SCRM Act


3 approvals under mrs

3. Approvals under MRS

  • Clause 10 – general obligation

  • Clause 5 “responsible authority”

    • Different to “Commission”

    • Delegation under 16 of P&D Act

    • Clause 32 of MRS

    • Notice of resolution

      • Gov Gaz 19/12/2008 pp.5401-5457


3 approval under mrs cont

3. Approval under MRS (cont)

Current notice of delegation in Gov Gaz states all development on land zoned under MRS to be determined by LG except:

  • Land is subject to a resolution under cl.32

  • Land is a planning control area under s.112 of P&D Act

  • Land is within SCRM Act

  • LG is of opinion that the application is of state significance

  • Public works


3 approval under mrs cont1

3. Approval under MRS (cont)

  • Uses that must be referred to the WAPC under clause 32 of MRS

    • Development of Regional Significance

    • Development in Rural Zone

    • Poultry Farms

    • Development of Metropolitan Centres

  • Development in certain areas also referred to WAPC:

    • Stirling train station area; Kwinana Industrial area, etc.


3 approval under mrs cont2

3. Approval under MRS (cont)

Reserved land - PART II of MRS

  • Clause 13 - any reserved land

  • Clause 16 - land vested in public authority

  • Clause 18 - land not vested in authority

  • Clause19 - injurious affection


3 approval under mrs cont3

3. Approval under MRS (cont)

Zoned land – MRS PART III

  • Clause 24(1) approval of responsible authority required, subject to 24(2)

  • Clause 24(2) set out when approval not required under MRS:

    • Single dwelling or public works; and

    • Land is not subject to notice under clause 32

  • Clause 26 - approval under LPS is approval under MRS


3 approval under mrs cont4

3. Approval under MRS (cont)

Approval process – PART IV of MRS

  • Clause 28 – All MRS development applications to be submitted to local government

  • Clause 29 – LG to forward application to WAPC if:

    • Land is reserved or in the Swan DCA

    • Land is called in under cl.32


4 approval under lps

4.Approval under LPS

  • What is the difference between a local planning scheme (LPS) and development scheme?

  • Development schemes are now largely superseded by structure planning provisions in LPSs

  • What are the 4 mains types of development control used in LPSs

  • Incorporation of R Codes


4 approval under lps1

4.Approval under LPS

  • Requirement for approval in scheme (eg. MST cl.8.1)

  • Exempt development (MST 8.2 – note word ‘permitted’ can be confusing)

    • Interior works

    • Single dwelling

    • Home office

    • Fences (not retaining wall)


4 approval under lps cont

4.Approval under LPS (cont)

  • Formalities

    • Form (e.g. MST cl.9.1)

    • Plans (e.g. MST cl.9.2)

    • Fees (Part 7 of Planning and Development Regulations)


4 approval under lps cont1

4.Approval under LPS (cont)

  • What is the use applied for?

    • Check against uses in zoning table and definitions

    • Opinion may differ between LG and Applicant

    • May be more than one

  • What is the permissibility?

    • Check zoning table

    • Is there a discretion to refuse a ‘P’ use?

    • Is there a discretion to approve an ‘X’ use?


4 approval under lps cont2

4.Approval under LPS (cont)

Advertising

  • E.g. clause 9.4 of MST

  • Usually in case of a A (SA,AA) – (MST cl.4.3.2)

  • Also, ‘use not listed’ (MST 4.4.2(b))

  • Sometimes for ‘D’ or even ‘P’ use is there is community sensitivity


4 approval under lps cont3

4.Approval under LPS (cont)

Assessment

  • May be on going negotiations

  • 60 days to assess (MST 10.9.1)

  • Consultation with authorities (MST 10.1)

  • Matter to be considered (MST 10.2)

    • Provisions of scheme

    • Planning Policy (Local, State, Enviro)

    • OPP

    • Amenity of locality, compatibility

    • Submissions (residents/authorities)

    • Others…


4 approval under lps cont4

4.Approval under LPS (cont)

Determination

  • By Council or delegated officer (LG Act)

  • 3 possible outcomes (MST 10.3)

    • Approve without conditions

    • Approve with conditions

    • Refuse

  • 4th possibility? (MST 10.9)

  • Notification (MST 10.4)

  • Duration or approval (MST 10.5, 10.6)


4 approval under lps cont5

4.Approval under LPS (cont)

  • Can local government approve development on LPS reserve?


5 conditions

5.Conditions

  • Condition runs with land

  • Conditions must be imposed by same body who gave approve

    • i.e. Council can’t approve and then delegate to officers to impose conditions

  • Applicant can be prosecuted for non compliance (s.218 P&D Act)

  • Can be challenged by applicant in court or SAT


5 conditions continued

5. Conditions continued

Validity of conditions

  • A planning condition will be valid if

    • it has a planning purpose

    • it fairly and reasonably relates to the development

    • it is not so unreasonable that no reasonable planning authority could have imposed it; and

    • the condition is certain and final


5 conditions continued1

5. Conditions continued

  • What can local government do if conditions are not complied with or if approval is never sought?


  • Login