Planning schemes

1
Planning schemes

• Statutory documents under s.20(2) of LUPAA
• outline policies and objectives
• regulate or prohibit use or development of land
• reserve land for public use
• establish requirements for public utilities on
  land
• involve penalty provisions
• incorporate any other relevant document relating
  to use, development and protection of land
• provide conditional agreement for the use or
  development of land as outlined in Part 5 of the
  Act

2
Planning schemes

• provide details of how uses or developments
  should be staged
• provide for any other matter which the act refers
  to as inclusive to a planning scheme
• existing uses can brought to greater conformity
  with scheme/s
• uses and developments that existed before the
  coming into effect of scheme/s can be protected
• temporal component (seasonal/permanent)
• capacity to remove such protection if development
  or use is substantially intensified

3
Planning schemes

• Planning schemes invalid
• under the Forest Practices Act 1985
• under licences under the Mining Act 1929
• under the Living Marine Resources Management Act
  1995 and the Marine Farming Planning Act 1995
• (Marine Safety Authority an exception -
  partnership accommodated)

4
Planning schemes

• Planning schemes
• must be consistent with planning schemes abutting
  relevant areas
• must have regard for the use and development of
  the region as an entity in environmental social
  and economic terms

5
Planning schemes

• Preparation
• self-initiated or directed by Commission
• drafting phase
• copy lodgment
• drafting
• submission of draft to Commission
• examination
• if suitable - public exhibition and comment
• if not suitable - redrafting by date specified by
  Commission

6
Planning schemes

• Reporting to Commission on
• each representation received
• assessment of each representation
• assessment of need to modify
• impact of representation on planning scheme as a
  whole
• recommendations about actions
• NB can only withdraw draft before reporting
  commenced, and must resubmit a scheme by
  specified date

7
Planning schemes

• Commission consideration, Commission rulings
• If satisfied - approval
• Status of scheme must be known no later than 6
  months after acceptance, modification,
  resubmission (or whichever applies)

8
Planning schemes

• Assumption by Commission of powers of the
  planning authority
• Provisions for amendments
• by Council
• on request of third party
• by State

9
Which scheme?

• Traditional (to 1997 amendment)
• permitted
• prohibited
• discretionary
• Model framework (from 1997)
• those who can demonstrate that they are able to
  produce sustainable outcomes should be allowed to
  do so
• acceptable solutions (prescriptive) and
  performance criteria (opportunistic/discretionary)
  
• less reliance on clear zones or permissiveness

10
Which scheme?

• Key Common Elements (current debate)
• elements should
• cover processes common to all schemes
• provide most potential for common look and feel
• define terms that relate to administrative
  requirements that apply in all areas
• be capable of accommodating both performance and
  prescriptive approaches and
• not impact on local strategic processes