Planning and Development (Territory Plan Variations) Amendment Act 2013 (ACT)

Case

Planning and Development (Territory Plan Variations) Amendment Act 2013

A2013-23

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Planning and Development Act 2007

4            Public consultation—notificationSection 63 (1) (a)  3

5            What are technical amendments of territory plan?Section 87 (c)  3

6            Is consultation needed for technical amendments?Section 88 (1) (b)  3

7           Limited consultationSection 90 (4)  4

8            Part 5.5 heading  4

9            What is a concept plan?Section 93 (b)  4

10          What is an estate development plan?Section 94 (1) and note  4

11          Section 94 (2)  5

12          Section 94 (2) (b)  5

13          Section 94 (3) (d)  5

14          New section 94 (3) (h)  5

15          Section 94 (3), new examples  6

16          Section 95 heading  6

17          Section 95 (1)  6

18          Section 96  6

19          Form of development applicationsSection 139 (2) (n), new note  7

Part 3Planning and Development Regulation 2008

20          Public notification period—Act, s 157, def public notification period, par (a)Section 28 (a) and (b)  8

Planning and Development (Territory Plan Variations) Amendment Act 2013

A2013-23

An Act to amend the Planning and Development Act 2007 and the Planning and Development Regulation 2008

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Planning and Development (Territory Plan Variations) Amendment Act 2013.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Planning and Development Act 2007 and the Planning and Development Regulation 2008.

Part 2Planning and Development Act 2007

  1. Public consultation—notification
    Section 63 (1) (a)

    omit

    15 working days

    substitute

    30 working days

  2. What are technical amendments of territory plan?
    Section 87 (c)

    substitute

    (c)a variation in relation to a future urban area under section 95 (Technical amendments—future urban areas);

    NoteA variation to rezone land that is not in a future urban area is not a technical amendment.

    (ca)a variation in relation to an estate development plan under section 96 (Effect of approval of estate development plan);

  3. Is consultation needed for technical amendments?
    Section 88 (1) (b)

    substitute

    (b)a variation in relation to a future urban area under section 95 (Technical amendments—future urban areas);

    (ba)a variation in relation to an estate development plan under section 96 (Effect of approval of estate development plan) if it incorporates an ongoing provision that was not included in the plan under section 94 (3) (h);

  4. Limited consultation
    Section 90 (4)

    omit

    15 working days

    substitute

    20 working days

  5. Part 5.5 heading

    substitute

Part 5.5Plan variations—structure and concept plans, rezoning and estate development plans

  1. What is a concept plan?
    Section 93 (b)

    substitute

    (b)is a precinct code in the territory plan (see section 55 (3)) that guides the preparation and assessment of development in future urban areas to which the concept plan relates.

  2. What is an estate development plan?
    Section 94 (1) and note

    substitute

    (1)An estate development plan, for an estate, sets out the proposed development of the estate, and the creation of blocks in the estate, in a way that is consistent with—

    (a)if the estate is in a future urban area—the concept plan for the area where the estate is; and

    (b)any other code that applies to the estate.

    NoteA development application for the development of an estate must be accompanied by an estate development plan (see s 139 (2) (n)).

  3. Section 94 (2)

    omit

    contain

    substitute

    identify

  4. Section 94 (2) (b)

    substitute

    (b)if the estate is in a future urban area—the zones proposed for the estate and any existing zones that are to continue to apply; and

    (c)if the estate is not in a future urban area—the existing zones in the estate.

  5. Section 94 (3) (d)

    omit

  6. New section 94 (3) (h)

    before the example, insert

    (h)a provision that—

    (i)is an existing rule or criteria in a code that is proposed to apply to particular blocks (an ongoing provision); and

    (ii)is consistent with the territory plan.

  7. Section 94 (3), new examples

    insert

    Examples for par (h)

    1     a building requirement in relation to potential bushfire attack

    2     building envelopes

  8. Section 95 heading

    substitute

  9. Technical amendments—future urban areas

  10. Section 95 (1)

    omit

    unless the rezoning

    substitute

    , and establish or vary a precinct code in relation to the land, unless the variation

  11. Section 96

    substitute

  12. Effect of approval of estate development plan

    (1)This section applies to an area dealt with by an estate development plan if the plan is approved under a development application.

    NoteA development application is approved under s 162 (Deciding development applications).

    (2)The planning and land authority must, within a reasonable time after the approval of the estate development plan, vary the territory plan under section 89 (Making technical amendments) to—

    (a)if the land is in a future urban area—identify the zones that will apply to the land, consistent with the estate development plan; and

    (b)incorporate any ongoing provision that—

    (i)was included in the estate development plan under section 94 (3) (h); and

    (ii)the planning and land authority determined should be incorporated in the territory plan; and

    (c)incorporate any ongoing provision that—

    (i)was not included in the estate development plan under section 94 (3) (h); and

    (ii)is consistent with the territory plan; and

    (iii)the planning and land authority determined should be incorporated in the territory plan.

    (3)A variation of the territory plan under subsection (2) has the effect that, if the land dealt with by the estate development plan is in a future urban area, the land ceases to be in a future urban area.

    (4)In this section:

    ongoing provision—see section 94 (3) (h).

  13. Form of development applications
    Section 139 (2) (n), new note

    before note 1, insert

    Note 1AFor par (n), matters that must or may be included in an estate development plan are set out in s 94.

Part 3Planning and Development Regulation 2008

  1. Public notification period—Act, s 157, def public notification period, par (a)
    Section 28 (a) and (b)

    substitute

    (a)for a development application notified in accordance with the Act, section 152 (1) (a)—

    (i)if the development application is for an estate development plan that has an ongoing provision included in the plan under the Act, section 94 (3) (h)—20 working days; and

    (ii)in any other case—10 working days;

    (b)for a development application notified in accordance with the Act, section 152 (1) (b)—

    (i)if the development application is for an estate development plan that has an ongoing provision included in the plan under the Act, section 94 (3) (h)—20 working days; and

    (ii)in any other case—15 working days.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 9 May 2013.

  2. Notification

    Notified under the Legislation Act on 13 June 2013.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Planning and Development (Territory Plan Variations) Amendment Bill 2013, which was passed by the Legislative Assembly on 6 June 2013.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2013

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