Following on from the below two articles; from 1 December 2024 the Planning and Environment Regulations 2024 will require changes to a number of prescribed planning forms and revoke certain forms that are no longer required. The changes include:
- Applications for a planning permit will need to state which planning scheme clause each of the planning permit triggers comes under
- Planning permits and Notice of Decisions will need to specify each planning scheme clause and subclause under which a planning permit or Notice of Decision has been issued
- Decisions to approve an amendment to a planning permit will need to state under which section of the Planning and Environment Act 1987 the permit has been amended
- Decisions to extend a planning permit will need to include the date the responsible authority extended the permit, a description of whether it is an extension to commence a use or development or to complete a development or stage of development, or an extension to certify a plan of subdivision.
- The public notice of application for a planning permit will need to list each planning scheme clause and subclause for which a planning permit is required
- The Notice of Refusal for a planning permit application or amendment will need to list each planning scheme clause and subclause the application is refused under
- The changes include Ministerial permits
The changes will require completed forms to be specific about which clauses of a planning scheme a permit is required under, under which clauses and for what matters permits or amendments are being approved or refused.
This change is, in part, a result of the decision in Myers and Dance discussed above and will make appeals clearer for all parties and make clear what is “in” or “out” of consideration for a proposal for applicants, third parties and the decision maker.
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