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Final Report PlanFirst Review Taskforce - Department of Planning

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would remain, with councils continuing to adopt their own LEP controls to guide development within<br />

their LGA. In this regard, the LEP component would also contain flexible content that is tailored for<br />

the particular LGA and may include provisions such as development standards, special provisions<br />

(eg: heritage) and performance indicators. The LEP component <strong>of</strong> an integrated plan would<br />

continue to enjoy the same statutory weight as is currently provided under the EP&A Act.<br />

The non-statutory content <strong>of</strong> the integrated plan would contain the strategic state, regional and local<br />

context <strong>of</strong> the plan, DCP type provisions to guide development, additional definitions and any<br />

explanatory notes and related information necessary to assist in implementation <strong>of</strong> the integrated<br />

plan.<br />

It is considered that the introduction <strong>of</strong> a mandatory template for the preparation <strong>of</strong> integrated plans<br />

will assist in extending the range <strong>of</strong> plan making activities for which councils have delegated<br />

approval. In this regard, upon completion <strong>of</strong> the standard template DIPNR should investigate<br />

opportunities for delegating further aspects <strong>of</strong> the Minister’s (Section 70) approval role to councils,<br />

especially where the integrated plan provisions are consistent with State and regional planning<br />

objectives. Councils that have consistently demonstrated proper planning practices and have<br />

worked in partnership with DIPNR to achieve the objects <strong>of</strong> the EP&A Act could be immediately<br />

targeted for increased delegations.<br />

Model Provisions and Standard Definitions<br />

The <strong>Taskforce</strong> raised the issue <strong>of</strong> standardisation <strong>of</strong> integrated plan form and content as a means<br />

<strong>of</strong> improving the quality, legibility and simplicity <strong>of</strong> planning instruments.<br />

As a way <strong>of</strong> providing consistent interpretation across plans, minimising administration costs and<br />

improving accessibility for all users it was also suggested that integrated plans could have common<br />

content - definitions, land use zones/descriptors and/or suite <strong>of</strong> statutory clauses.<br />

The <strong>Taskforce</strong> noted that there has been little change to the EP&A Model Provisions since their<br />

gazettal in 1980 (despite a number <strong>of</strong> reviews carried out by the <strong>Department</strong>) and hence councils<br />

had developed a raft <strong>of</strong> new and varying definitions and clauses to overcome the dated and <strong>of</strong>ten<br />

irrelevant clauses contained in the Model Provisions.<br />

The <strong>Taskforce</strong> thought it important to have a set <strong>of</strong> standard definitions relating to measurement ie:<br />

height, floorspace ratio, etc. and that the work undertaken by the National Development<br />

Assessment Forum (DAF) provided a useful starting point.<br />

Consistent DA definitions throughout Australia is seen by DAF as being a critical component <strong>of</strong> its<br />

agenda to harmonise DA practices and systems. A discussion paper setting out a number <strong>of</strong><br />

proposed definitions was released for comment in 2001.<br />

At the <strong>Planning</strong> Ministers' meeting held in November 2002, the Ministers adopted 14 definitions<br />

(refer Appendix 4) and agreed to progress work on 5 "disputed" definitions (ie: allotment, building,<br />

net floor area, frontage and floor space ratio). NSW committed to the implementation <strong>of</strong> the<br />

adopted set <strong>of</strong> definitions through <strong>PlanFirst</strong>.<br />

The <strong>Taskforce</strong> also noted that most other States were moving towards common planning scheme<br />

templates and in some cases standard legal and administrative provisions (definitions, zones and<br />

clauses) in order to provide greater consistency in the format, structure and basic provisions <strong>of</strong><br />

schemes.<br />

PRINT VERSION<br />

1 September 2003<br />

22

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