Northern Territory Explanatory Statements

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PLANNING AMENDMENT (DEVELOPMENT APPLICATIONS) BILL 2007

Attachment C
Minister Lawrie

Planning Amendment Bill (development applications) 2007


legislative assembly of the
northern territory


Minister of Planning and lands


explanatory statement

General Outline

This Bill amends the Planning Act.

The purpose of this Bill is to exempt certain classes of development applications from the requirement they be publicly exhibited pursuant to section 47 of the Planning Act

NOTES ON CLAUSES

Clause 1 – Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed will be cited as the Planning Amendment (Development Applications) Act 2007.

Clause 2 – Commencement


Clause 3 – Acts amended

Clause 4 – Repeal and substitution of Part 5, Division 2

The number of minor alterations has necessitated that for clarity Part 5,
Division 2 be repealed and substituted in its entirety. The intent of the Division remains for the most part unchanged.




Division Heading

The heading of Part 5, Division 2 has been altered from “Public consultation” to “Development Applications – Notification and consultation.”

The amended heading more accurately reflects the content and intent of the Division; it also provides consistency of terminology between this and other related Divisions (removing use of the term “proposal” in favour of “application”).


Section 47 (Public notice of development application)

The heading of Section 47 is omitted and a new heading “Public Notification of development applications” is inserted. The altered heading provides consistency of terminology relating to the use of the term “proposal”.

Section 47(1) introduces the possibility of exemptions to the requirement for public notification of a development application.


Section 47A (Development application not requiring public notice)

Proposed Section 47A is a new Section intended to allow for some applications to be exempt from the requirement for public notification of an application.

Section 47A(1) specifies which classes of development application are exempt from the public notification requirements of Section 47.

Section 47A(1)(c) specifically limits any class of application specified in subordinate legislation to those of a minor nature (i.e not having a significant impact upon the amenity of an area).

Proposed Section 47A (2) specifies the form of alternative notification required for development applications noted at Section 47A(1) (via regulatory power).

It is intended that appropriate regulations will be made requiring the notification of adjoining neighbours by way of registered mail, and invitation to make comment / submission within a specified period for those applications within residential areas

Proposed Section 47A(3) specifies the form of any notice required
(i.e information that is mandatory on any notice of application). The requirements of this section are consistent with the existing provisions of Section 47.

Proposed Section 47A(4) allows the consent authority to recover the cost of notification. This cost, if applied, is expected to be significantly less than the cost associated with public notification under Section 47.


Section 48 (Notice to local authority of development application)

This Section remains essentially unchanged.

Minor alterations have been made to the terminology used for clarity and consistency. (eg : “If a development application in respect of land within the council area of a local authority…” has been changed to “If a development application relates to land within the council area of a local authority…”


Section 49 (submissions)

The amendment of this clause is necessary as a consequence of the change to Section 47. The combined effect of the amended Section is to specify who may make a submission to the consent authority in relation to an application depending upon the method of notification employed.

In cases where an application is publicly notified (as per Section 47) – any person may make a submission within a given time frame.

Where an application is selectively notified (in accordance with new Section 47A) those persons who are notified of the application may make submissions to the consent authority within the time frame specified in the notice.

Section 49(3) provides that the local authority will have the opportunity to make submissions on all development applications. The intent of this provision remains unchanged.


Section 50 (Evidence and information)

Unchanged.


Clause 5 – Amendment of Section 51 (Matters to be taken into account)

This is a consequential amendment which is necessary to address an existing gap in Section 51.

Under the current Act, the consent authority receives submissions on an application and invites submitters to be heard and give evidence in accordance with Section 50. It is not specified however in Section 51 that the authority must take any evidence provided in accordance with Section 50 into account when determining an application.

This clause alters the matters to be considered by the consent authority, to require that in addition to any submissions, the consent authority also considers any additional evidence given under Section 50.

This clause substitutes the term “public consultation” with the phrase “consultation under Section 50”, in recognition of the proposed amendments altering the way in which applications are notified.


Clause 7 – Amendment of Section 102 (Meetings to be open)

This Clause clarifies the procedures of Development Consent Authority meetings and is required as a result of the changes to the way applications are notified.

Section 120 provides that persons who made a submission in relation to a development application will continue to be invited to attend the meeting as required by Section 50.

Section 120(5) provides that when taking evidence in relation to an application notified under proposed Section 47A (ie selectively notified) the general public will not be admitted. This does not preclude persons who made a submission in relation to such an application from attending and giving evidence.

 

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