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Planning Reforms

Last updated 01/10/09

National Planning Reform

Planning Reforms In States & Territories


National Planning Reform

Council of Australian Governments (COAG)

At the July 2009 meeting COAG discussed the development of national performance measures for Development Assessment (DA) by the end of 2009 that will contain information on the number, type and length of assessment of DAs. The first national performance report will be publicly released by June 2010 and cover the 2008-09 financial year. These performance measures will be important for improving transparency and accountability for planning systems and will be used as a basis for future reforms.

COAG agreed to work towards harmonising code-based development assessment standards between jurisdictions, increasing the proportion of code-assessed DAs, and developing stand alone assessment codes for houses, units and commercial developments. Code-based DA systems mean that simple development proposals can be assessed more quickly and free up planning resources to assess more complex proposals.

These reforms are important in promoting private sector activity in the context of the global recession. A target range for code-based assessments will therefore be developed for COAG’s consideration at the final COAG meeting this year (or the first COAG meeting in 2010).

The Local Government and Planning Ministers’ Council will report to COAG by the end of 2009 on proposals to expedite DA reform on the basis of work it is currently undertaking. For more information, please refer to the Council of Australian Governments website.

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Local Government and Planning Ministers’ Council

At the Local Government and Planning Ministers’ Council (LGPMC) meeting in May 2009 progress made by the LGPMC Sub-Group on Development Assessment (DA) Reform was reviewed. Council noted a number of projects had been initiated aimed at accelerating the rate of DA reform and introducing more efficient planning systems. Work has commenced on five streams of reform under the LGPMC Sub-Group’s National DA Reform Program:

  • Victoria is leading a project on electronic Development Assessment (eDA) which will
  • develop costed options and a funding proposal to enable continued implementation and uptake of eDA across all jurisdictions.
  • NSW is leading a project which will review each planning system in terms of the percentage of merit approval versus complying code approval. This will form the basis for national comparison to assist in a national target and road map for code assessment.
  • South Australia will develop a common set of national performance measures, used to assess the “health” of development assessment system, which will then be nationally publicised.
  • Queensland is responsible for developing a comprehensive discussion paper on a set of national planning system principles and leading practice approaches.
  • ACT is responsible for preparing a model for measuring the benefits of all four streams of reform, as above.

Further information on the LGPMC, the outcomes of the May 2009 meeting and the DA Reform work can be found at the Local Government and Planning Ministers' Council website.

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Development Assessment Forum

The Development Assessment Forum (DAF) was formed in 1998 to recommend ways to streamline development assessment and cut red tape - without sacrificing the quality of the decision making.

The Forum's membership includes the three spheres of government - the Commonwealth, State/Territory and Local Government; the development industry; and related professional associations.

DAF's work program is developed annually with projects undertaken directly by members, or where appropriate, consultants.

The DAF's work program stems from the Leading Practice Model for Development Assessment, which provides a model for national development assessment reforms for Australia, and includes:

  • Objective Rules and Tests - Developing a guideline to assist local governments to draft their planning policy for compliance and assessment clearly and in plain English.
  • Track-based Assessments - Creating guidelines to promote the adoption of the development assessment 'tracks' in the Leading Practice Model
  • Benchmarking - Providing each State and Territory with indications of the best practice options available to them and the degree to which existing practices and procedures complement the Leading Practice Model.
  • eDA - Electronic Development Assessment - Establishing a national communication protocol to enable national interoperability for electronic processing of planning and development applications.

For more information, please visit the Development Assessment Forum website.

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Planning Reforms in States & Territories

South Australia

Relevant Legislation

  • Development Act 1993
  • Development Regulations 2008

For more information on relevant legislation, please refer to the Planning in South Australia website.

State Government

Announced in June 2008 and being implemented through a detailed three-year program, the Planning Reform initiatives include:

  • A multi-pronged approach to achieve faster assessments and approvals for the full range of residential home building matters, from minor improvements through to major extensions and even new dwellings. Stage 1 of the changes (expanded exempt development) began in January 2009, with further stages introduced in March 2009
  • New Regional Plans for all areas of the State, including:
    • a new 30-year Plan for Greater Adelaide. The Plan for Greater Adelaide is being developed over 12 months to mid-2009, and will include directing growth into selected transport corridors and new 'transit oriented developments', as well as providing a guaranteed 25-year supply of broadacre land for structure planned fringe suburban growth
    • five new Regional Plans for country SA, including Structure Plans to guide the long-term growth and development of large regional towns and cities, such as Mount Gambier, Port Augusta, Whyalla and Port Pirie
  • Making system changes to better facilitate efficient, integrated delivery of sustainable, climate-resilient urban development. This will include streamlining zoning and state significant development processes, and updating the building code to adopt increased sustainability measures
  • Creating better government and governing arrangements to ensure delivery of all the initiatives in a coordinated way

For more information on state government, please refer to the Planning in South Australia website.

Development Assessment Panels

Since July 2001, local Councils have been required to establish Development Assessment Panels (DAPs) in order to increase the impartiality and certainty of development assessment decisions. The exact nature of DAPs was, however, not prescribed. This was changed with the passage of the Development (Panels) Amendment Act 2006 in June 2006. Panels are now required to have a membership of seven (there are some exceptions) with majority independent membership. For more information on Development assessment Panels, please refer to the Planning in South Australia website.

PIA Submissions

PIA Seminars


Other matters of interest

Development Assessment: the inside view

The study released on Friday 7 March 2008 by the Planning Institute of Australia (SA) presents the findings of an extensive survey of the resources of Development Assessment teams in the State’s Councils. Development Assessment: the inside view prepared by Colliers International Consulting Services, with the support of the Local Government Research and Development Scheme, paints the true picture of the people, processes and working environment in Development Assessment within the State’s Councils. The Planning Institute is committed to tackling these issues and has formed a Development Assessment Taskforce that includes the Local Government Association and the State’s lead planning agency, Planning SA. The DA taskforce is developing a comprehensive Action Plan and will be seeking industry wide support for measures to address both the demand and the supply issues, as well as seeking better development outcomes for SA. Linking in with the State Planning Review outcomes, the DA Taskforce will be working to address the findings of the Study including improving the quality of development applications, reducing staff “churn”, and improving Development policy and processes to create better outcomes for South Australia.

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New South Wales

Relevant Legislation

  • Environmental Planning and Assessment Act 1979
  • Environmental Planning and Assessment Regulation 2000
  • Environmental Planning and Assessment Amendment Act 2008

For more information on relevant legislation, please refer to the NSW Department of Planning website.

State Government

The NSW Government is implementing planning reforms with the aim to create Australia's best planning system. This follows the passage of planning reform legislation in mid-2008.

The Department's website provides a 'one-stop-shop' of information about the reforms as they are being implemented. Reforms implemented to date include:

  • reviewing infrastructure contributions to boost housing supply
  • releasing the NSW Housing Code to provide approvals in ten days or less for new homes or home alterations and additions
  • strengthening rules and penalties for accredited certifierscreation of a Planning Assessment Commission and Joint Regional Planning Panels.

For more information on state government, please refer to the NSW Department of Planning website.

PIA NSW submissions

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Victoria

Relevant Legislation

  • Planning and Environment Act 1987
  • Planning and Environment Regulations 2005
  • Planning and Environment (Fees) Regulations 2000

A project has commenced to review the Planning and Environment Act. For this review and for more information on relevant legislation, please refer to the Department of Planning and Community Development website.

State Government

The Victorian planning system has a long history of continuous improvement. This includes strategic review of planning policy and statutory frameworks, planning processes and the delivery of planning services.

The Cutting Red Tape in Planning review was conducted to determine a range of improvements to the planning system. The 15 recommended actions range from ‘expanding e-planning capacity’ to ‘make state policy more relevant to local decision making’. Some of the proposed actions can be carried out immediately and others involve intensive investigation and examination.

PIA Submissions

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Queensland

Relevant Legislation

  • Integrated Planning Act 1997
  • Integrated Planning Regulation 1998

Later this year, IPA will be replaced by the Sustainable Planning Act 2009. For more information on relevant legislation, please refer to the Queensland Department of Infrastructure and Planning website.

State Government

On 19 June 2009 the Sustainable Planning Bill 2009 was tabled in Parliament by the Minister for Infrastructure and Planning, Stirling Hinchliffe. This Bill is a result of extensive consultation and reflects the 80 recommendations from the report, Planning for a Prosperous Queensland - A reform agenda for planning and development. The aim of the reform agenda is to move the focus from the planning process to the delivery of sustainable outcomes. These outcomes will be delivered by:

  • new planning legislation introducing improved tools for state and local government to manage planning and development proactively
  • reduced complexity through greater standardisation
  • adopting a risk-based approach to development assessment
  • streamlined dispute resolution processes
  • encouraging active community participation in the planning and development assessment system.

As Australia’s fastest-growing state, Queensland needs a contemporary system of planning and development assessment that continues to deliver the lifestyle for which it is famous.

As part of delivering this contemporary system of planning and development assessment, the Department, in partnership with stakeholders, industry and the community, has conducted an extensive review of IPA and IDAS. This review has resulted in the Queensland Government commencing the reform agenda detailed in the report "Planning for a Prosperous Queensland: A reform agenda for planning and development in the Smart State".

PIA Submissions


PIA Seminars

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Tasmania

Relevant Legislation

  • Land Use Planning and Approvals Act 1993
  • State Policies and Projects Act 1993
  • Resource Management and Planning Appeal Tribunal Act 1993
  • Resource Planning and Development Commission Act 1997

For more information on relevant legislation, please refer to the Infrastructure and Resource Information Service (IRIS) website.

State Government

Draft Land Use Planning and Approvals Amendment (State and Regional Strategies) Bill 2009

The Minister for Planning intends to introduce the draft Bill into Parliament during the week of the 18 August 2009. The draft Bill incorporated a number of changes based on the feedback received from a wide range of stakeholders as part of the last consultation phase.

Tasmania's Planning System Review 2008

The Government's review of the Planning System of Tasmania commenced in May 2008. The objective of the review was to identify and make recommendations on streamlined decision making by reviewing the allocation of roles and functions in the planning system between State Ministers and agencies, the RPDC and Appeals Tribunal and others. The Review also looked at how State Policies are reviewed and implemented, the wider use of mediation in resolving planning disputes, the structure of the RPDC, and the assessment of projects of regional significance by expert panels. Additionally the Premier requested the Steering Committee to consider the adequacy of the planning system to deal with climate change issues.

Better Planning Outcomes

The purpose of the Better Planning Outcomes Project is to keep Tasmania’s Planning System up-to-date and ‘in-tune’ with recent Government initiatives and policy directions.

The Project focuses on:

  • gaining greater certainty of planning processes for governments, industry and the community
  • a planning system that balances industry and community interests without jeopardising cost effectiveness
  • planning schemes that have a sound strategic basis
  • better integrated and more effective delivery of relevant policies and strategies of all levels of government.

For more information on relevant legislation, please go to http://www.justice.tas.gov.au/landuseplanning/

PIA Submissions

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Western Australia

Relevant Legislation

  • Planning and Development Act 2005
  • Planning and Development (Consequential and Transitional Provisions) Act 2005
  • Metropolitan Region Improvement Tax Amendment Act 2005

For more information on relevant legislation, please refer to the State Law Publisher of Western Australia website.

State Government

Building a Better Planning System is a consultation paper that sets out a broad agenda for planning reform and improvement.

Industry, state and commonwealth government agencies, local governments and the planning community are invited to comment on the approach and proposals set out in the paper.

The six priority areas in Building a Better Planning System are:

  • simplifying planning approvals
  • more effective planning instruments
  • prioritise major projects
  • integrated coordination of infrastructure and land use planning
  • a comprehensive regional planning framework
  • strengthen governance and institutional arrangements.

The submission period closed on Friday 15 May 2009.

Development Assessment Panels in WA

A discussion paper outlining the development assessment panel model that the State Government is committed to implementing in Western Australia has been released for public comment. The paper is released for comment to generate discussion on the panels operational details and to inform the drafting of the Planning and Development (Development Assessment Panels) Regulations. Development assessment panels are a mix of independent experts and elected representatives, created to be the decision-making body for development applications. These panels will have the power to determine applications for development approval, instead of the relevant decision-making authority, for development of a certain class and value. The submission period closes on Monday 2 November 2009. For more information go to http://www.planning.wa.gov.au/Plans+and+policies/Public+comment/1983.aspx.

PIA submission

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Australian Capital Territory

Relevant Legislation

  • Planning and Development Act 2007
  • Planning and Development Regulation 2008

For more information on relevant legislation, please refer to the ACT Planning & Land Authority website.

Territory Government

The ACT Government made a commitment to change the planning system to make it simpler to use, faster and more effective. Following consultation over several years, a new system came into effect on 31 March 2008.
The ACT's planning legislation, development approval processes as well as the structure of the Territory Plan changed. The legislation that came into effect from March 31 is the Planning and Development Act 2007. A set of regulations that support the legislation, and also commenced on 31 March 2008, including the Planning and Development Regulation 2008, which includes a Schedule of development exempt from development approval.
A new Territory Plan also came into effect with the new planning system on 31 March 2008. For more information, please refer to the ACT Planning & Land Authority website.

PIA Submissions

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Northern Territory

Relevant Legislation

  • Planning Act
  • Planning Regulations

For more information on relevant legislation, please refer to the Northern Territory Government website.

Territory Government

There are no current planning reforms processes underway in the Northern Territory, however the Development One Stop Shop is a new service. It provides prospective applicants with the opportunity to gather feedback from relevant agencies prior to lodgement of a development application. This is to help them be informed, discuss and clarify agency requirements, ask questions and identify important issues before lodging an application. Each proposal is be assigned a Planner for the duration of the process to guide and provide a single point of contact during the development assessment process.

The Development One Stop Shop comprises:

  • Pre-application Meetings with Planners
  • Pre-application Planning Forum
  • Pre-application Briefings of the Development Consent Authority.
  • Case Management by Planners
  • General Development Assessment Information - NT Planning System

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