Planning schemes Statutory documents under s.20(2) of LUPAA –outline policies and objectives –regulate or prohibit use or development of land –reserve land for public use –establish requirements for public utilities on land –involve penalty provisions –incorporate any other relevant document relating to use, development and protection of land –provide conditional agreement for the use or development of land as outlined in Part 5 of the Act

Planning schemes –provide details of how uses or developments should be staged –provide for any other matter which the act refers to as inclusive to a planning scheme –existing uses can brought to greater conformity with scheme/s –uses and developments that existed before the coming into effect of scheme/s can be protected –temporal component (seasonal/permanent) –capacity to remove such protection if development or use is substantially intensified

Planning schemes Planning schemes invalid –under the Forest Practices Act 1985 –under licences under the Mining Act 1929 –under the Living Marine Resources Management Act 1995 and the Marine Farming Planning Act 1995 –(Marine Safety Authority an exception - partnership accommodated)

Planning schemes –must be consistent with planning schemes abutting relevant areas –must have regard for the use and development of the region as an entity in environmental social and economic terms ecology economysociety

Planning schemes Preparation –self-initiated or directed by Commission –drafting phase copy lodgment drafting submission of draft to Commission examination if suitable - public exhibition and comment if not suitable - redrafting by date specified by Commission

Planning schemes Reporting to Commission on –each representation received –assessment of each representation assessment of need to modify impact of representation on planning scheme as a whole recommendations about actions –NB can only withdraw draft before reporting commenced, and must resubmit a scheme by specified date

Planning schemes Commission consideration, Commission rulings If satisfied - approval Status of scheme must be known no later than 6 months after acceptance, modification, resubmission (or whichever applies)

Planning schemes Assumption by Commission of powers of the planning authority Provisions for amendments –by Council –on request of third party –by State

Which scheme? Traditional (to 1997 amendment) –permitted –prohibited –discretionary Model framework (from 1997) –“those who can demonstrate that they are able to produce sustainable outcomes should be allowed to do so” –acceptable solutions (prescriptive) and performance criteria (opportunistic/discretionary) –less reliance on clear zones or permissiveness

Which scheme? Key Common Elements (current debate) –elements should “cover processes common to all schemes provide most potential for common look and feel define terms that relate to administrative requirements that apply in all areas be capable of accommodating both performance and prescriptive approaches and not impact on local strategic processes”