Published on Monday, 11 May 2020 at 8:00:00 AM
The State Government have made amendments to the Planning and Development (Local Planning Schemes) Regulations 2015 which provide the Minister for Planning with authority to temporarily override requirements and conditions set out in a local planning scheme, and existing conditions in planning approvals.
The Notice of Exemption which was issued by the Minister of Planning on 8 April, 2020 which lists the matters that are exempt from planning approval, was recently revised and superseded on 30 April 2020. The revised Notice can be viewed below.
The planning exemptions still seeks to support local business and importantly provide for an efficient planning framework to assist in the delivery of essential local community services.
Broadly, the exemptions are as follows:
- medical or health-related facilities required in response to the COVID-19 pandemic;
- truck and logistic companies needing to deliver goods but currently with restricted loading and unloading times;
- businesses seeking to adapt by changing their current approved use;
- restaurants and cafes required to sell take-away in contravention of current planning conditions;
- people operating their businesses from residential zones;
- parking commercial vehicles on residential properties;
- businesses needing to change signs;
- temporary workers accommodation; and
- a blanket two-year extension has been granted for all current development approvals.
The exemptions are for temporary situations only.
Brick-and-mortar applications are not included and the usual approvals will need to be sought in most instances within 90 days of the lifting of the State of Emergency. Improvements to Local Government’s community consultation requirements have also been included.
Exemptions do not apply to the requirement of obtaining other approvals such as a building permit, registering a food business or for the construction of an effluent disposal system.
For further guidance please contact the Shire’s Development Services Team on 9526 1111.
Additional resources
Notice of Exemption from Planning Requirements during State of Emergency
State Government media release
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