2017-11-07 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 NOVEMBER 2017


                                                    ATTACHMENT 1




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      7 NOVEMBER 2017

                                                                                        ATTACHMENT 1

  Planning Act 2017, Section 18 - Making or amending planning schemes

  (1)This section applies if a local government proposes to make or amend a planning scheme.
  (2)The local government must give notice of the proposed planning scheme, or proposed
  amendment, (the instrument) to the chief executive.
  (3)After consulting with the local government, the chief executive —
      (a)must give a notice about the process for making or amending the planning scheme to the
      local government; and
      (b)may give an amended notice about the process for making or amending the planning scheme
      to the local government.
  (4)The chief executive must consider the Minister’s guidelines when preparing the notice or an
  amended notice.
  (5)The notice, or amended notice, must state at least—
      (a)the local government must publish at least 1 public notice about the proposal to make or
      amend the planning scheme; and
      (b)the local government must keep the instrument available for inspection and purchase for a
      period (the consultation period) stated in the public notice of at least—
           (i)for a proposed planning scheme—40 business days after the day the public notice is
           published in a newspaper circulating in the local government area; or
           (ii)for a proposed amendment—20 business days after the day the public notice is
           published in a newspaper circulating in the local government area; and
      (c)the public notice must state that any person may make a submission about the instrument to
      the local government within the consultation period; and
      (dja communications strategy that the local government must implement about the instrument;
      and
      (e)the local government must consider all properly made submissions about the planning
      scheme or amendment; and
      (f)the local government must notify persons who made properly made submissions about how
      the local government dealt with the submissions; and
      (g)the local government must give the Minister a notice containing a summary of the matters
      raised in the properly made submissions and stating how the local government dealt with the
      matters; and
      (h)after the planning scheme is made or amended, the local government must publish a public
      notice about making or amending the planning scheme.
  (6)The local government must make or amend the planning scheme by following the process in the
  notice or amended notice.
  (7)If the notice requires the Minister to approve the instrument, the Minister may approve the
  instrument if the Minister considers the instrument appropriately integrates State, regional and local
  planning and development assessment policies, including policies under an applicable State planning
  instrument.
  (8)A planning scheme replaces any other planning scheme that the local government administers.

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