2015-01-12 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                   12 January 2015


Assessment Stage and Owners Consent
The assessment stage starts when the assessment manager receives the development
application and includes the referral, further information and public notification steps. Upon
lodgement of a development application, the assessment manager has 5 business days to
determine whether the application is properly made instead of 10 business days as currently
provided for under SPA. Where an application is not properly made (i.e. incorrect application
fees paid, or owners consent not provided), the assessment manager may give an Action Notice
to the applicant. Notably, the assessment manager can choose to accept an application as
properly made without owners consent, but cannot decide (approve) the application until the
written consent of the owner is provided. Under SPA, the application cannot be accepted as
properly made until owners consent is given.
Removal of Acknowledgement Notice
Acknowledgement Notices have been removed from the process, although a Confirmation Notice
will be required for those applications subject to public notification. This confirmation notice must
be given 5 business days after lodgement of the application (currently 10 business days under
SPA for issuing an Acknowledgment Notice) and must advise whether the assessment manager
intends to make a request for further information.
Public Notification
Under the proposed DA Rules, the applicant will be able to decide when to publicly notify a
development application requiring public notification, with the earliest being within 5 business
days starting the day after the development application is properly made. This moves away from
the end to end process set out in SPA whereby each stage must be completed before the next
step commences. Also:
•     Applications requiring public notification must only be notified for 15 business days,
      removing the SPA requirement for some applications to be publicly notified for 30 business
      days (i.e. those applications where there 3 referral agencies);
•     There will be no requirement to place a notice in a local newspaper, with only a notice on
      the land and a written notice sent to the owners of adjoining land required. The
      assessment manager will though have the ability to require public notification in another
      form where compliance would be onerous, but is subject to some restrictions. Notably, the
      restrictions mean the assessment manager could not require the applicant to undertake a
      community consultation meeting or the like;
•     The assessment manager will have up to 10 business days or a further agreed period to
      consider all submissions accepted once the applicant provides notice that they have
      complied with public notification requirements. This is a new period not currently provided
      for by SPA, with submissions currently considered during the assessment manager’s
      decision period.
Stop the Clock
The applicant may at any time in the DA process, but before a decision is made, stop the clock
as many times as required for accumulative period of up to 6 months or further agreed period to
resolve any matters, provide information, make written representations to referral agency
response and negotiate on draft conditions with the assessment manager.
Revival of Lapsed Development Application
The development application lapses where the applicant does not comply with the prescribed
time frames. Notwithstanding this, the applicant may revive the application by giving written
notice to the assessment manager within 3 months. The ability to revive a lapsed development
application exists in SPA, but the time frame to do so is currently 5 business days. If the
applicant revives the application, then the applicant must comply with the required action within 5
business days after the written revival notice is given. Notably, the development application does


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