Planning Schemes regulate the use of land within a particular
local government's boundaries (and sometimes may be a different
Planning Scheme for a smaller area like a central business
district). Therefore, the Planning Scheme is the starting point to
work out whether a piece of land can be used for residential or
industrial (for example).
Planning Schemes usually take a number of years from when the
local government starts the process to when the Scheme comes into
effect. Much of this time cannot be shortened as it is about
consultation and advertising.
So, what happens if a local government is amalgamated or loses
some but not all of their area to another local government?
The Local Government (Constitution) Regulations 1998
(the regulations) have provisions which deal with the transitional
relationships with the abolition or changed boundaries of local
governments. The regulations (as they currently stand) reveal that
the planning schemes follow the land. For example:
that if part of a local government's area is taken over by
another local government then the original Scheme remains in effect
for that area which has been overtaken but the new local government
has the responsibility for administering it (within that newly
gained area only).
If one local government is abolished and all of its land is
overtaken by another local government then the abolished local
government's town planning scheme remains in force for the area
of land that previously was administered by the abolished local
If more than one local government takes over land from another
local government then the previous local government's planning
scheme remains in force for the land which was moved from local
government to another.
The practical impact of this for local governments is that they
will need to have clear protocols to ensure that the correct
planning scheme is being applied when applications are processed or
compliance is being enforced.
The practical impact of this for individuals and businesses is
that they will no longer be able to simply assume that a planning
scheme which carries the name of the local government (for example
City of Fremantle Town Planning Scheme No. 4) is actually the
correct planning scheme to apply. They will need to look at the
area of land that the particular property is located in and the
history of the local government governments who regulated that
land, in order to determine which planning scheme applies.
Kott Gunning is saddened and shocked to learn of the death of an
Environmental Officer in NSW which media reports indicate occurred
whilst the officer was conducting a site visit.
Many of Kott Gunning's instructing officers in local
governments around the state regularly conduct site visits and we
would like to take this opportunity to urge that they take care
whilst carrying out this important role.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
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