GOVERNMENT CONSULTATION PROCESSES, INCLUDING THE ADVERTISING OF DRAFT POLICIES AND LEGISLATION, ARE A VERY EFFECTIVE WAY OF IDENTIFYING THE UNINTENDED CONSEQUENCES OF PROPOSED CHANGES. UDIA HAS COMPLETED NEARLY TWENTY SUBMISSIONS IN THE LAST FEW MONTHS, PROVIDING FEEDBACK ON A RANGE OF MATTERS INCLUDING THE PROPOSED AMENDMENTS TO THE R-CODES, DRAINAGE SPECIFICATIONS, ATCGO GAS ACCESS ARRANGEMENTS AND BUSHFIRE POLICIES/LEGISLATION.
One of the most recent consultations covered the draft Planning and Development (Local Planning Scheme) Regulations 2014. The new draft regulations will amend and replace the Town Planning Regulations 1967 and the associated Model Scheme Text. These documents contain the procedures used by local governments in preparing, consolidating or amending a scheme and provide a common framework including definitions and forms.
In other words, this is a very important piece of legislation and a major overhaul of the regulations which have been in place since 1967. The challenge is getting the changes right and analysis by UDIA indicates there are a few things that may not be heading in the right direction.
Timeframes for example, may lengthen under the proposals with the time allowed for a local government to determine a Structure Plan post advertising increasing from sixty to ninety days. The proposed changes have also introduced a sunset clause for Structure Plans which may have implications for valuations and would undermine certainty for larger developments. Some of the proposed changes are also inconsistent with the Western Australian Planning Commission Structure Planning Guidelines.
The reality is the reform of the regulations is very important and the system for identifying these issues is robust so we are anticipating these will be addressed in the final drafting process. When implemented, all being well, the regulations will be a welcome improvement to the local planning scheme review process as out of date schemes have been a major issue for the industry. The changes will also introduce two tracks for local scheme amendments, separating the complex changes which require significant scrutiny from those of a minor or routine nature.
The changes will also include deemed provisions exempting compliant single houses from requiring planning approval, a change which has been sought by industry for a long time.
Getting reforms right can be very challenging as even a small change can trigger significant unintended consequences. UDIA works hard to ensure these issues are identified prior to implementation as even small a problem can create delays and cost escalations.