Planning Requirements

Information about the requirements for particular areas, zones and types of development should be sought and taken into consideration in the early planning stages of any development. Whether the proposal involves development, subdivision or rezoning (or a combination), the requirements can inform plans for the development, and applications for approval. The requirements are set out in a variety of regulations, legislation, schemes and provisions; and can also be obtained from the relevant authorities that administer those statutes. Development proposals can be designed to comply with the necessary regulations and guidelines, which makes the assessment of applications more straightforward, makes approval more likely and decisions quicker.
The following sections provide an overview of the types of requirements that apply to each type of development.

Development must comply with many Acts, but the primary tool of development control is Town Planning Act . Under this Act, each city and town has a Town Planning Scheme that sets out development provisions specific to land within the municipal boundary. Land outside of cities and towns is subject to the requirements of the General Provisions administered by the Department of Town & Country Planning. Landowners or leaseholders wishing to develop on their land must apply to their local authority for Development Permission, and proposals for development must comply (as appropriate) with the requirements of the relevant Scheme, or with the General Provisions.
Although Town Planning Schemes are tailored for particular areas, and General Provisions apply to a wide range of circumstances, the aspects of development that they control are similar. Land is designated within a ‘zone', and the town planning requirements set out what types of development are appropriate in each zone, and the standards and guidelines that apply.
For buildings and new uses within each Zone, planning requirements establish site layout and building design guidelines that incorporate:

• Permitted range of uses on site,
• Building setbacks from roads & boundaries,
• Plot ratios and site coverage,
• Floor levels and building heights, and
• Carparking requirements.
  
  

Planning requirements also establish lot sizes and minimum street frontages, and infrastructure requirements and construction for different types of uses and zones.
The Town Planning Scheme or General Provisions that apply to each area may be viewed at the office of the Local Authority or the Department of Town & Country Planning.
Other legislation that affects proposed developments includes, but is not limited to, Environment Management Act, Roads Act, Public Health Act and Water Supply Act.

Subdivision is primarily managed through the Subdivision of Land Act and the Town Planning Act . Each Act applies in different circumstances, and they work in tandem to manage subdivision in all areas. Both Acts require that developers apply for approval prior to subdividing land, and prescribe subdivision processes and standards based on the subdivision location and type.

• The Subdivision of Land Act applies to subdivision outside of any town boundary and in which some or all proposed lots are less than 5 acres (2 hectares) in size.
• The Town Planning Act and associated approved Planning Schemes apply to subdivision within the boundary of a declared town.
• The Town Planning Act General Order applies in all areas to large-lot subdivision in which all lots are more than 5 acres in size.

The standards and guidelines prescribed for subdivisions under these Acts vary in different areas, depending on the nature of the subdivision, but regulate aspects such as:

• Minimum areas and street frontages for lots for different purposes,
• Roading and infrastructure requirements, and
• Open space provision.

Much subdivision - particularly new or extensive subdivision - is also affected by the Environment Management Act , which is concerned with identifying and managing the environmental impacts of developments.

Unlike other aspects of development considered by the Department of Town & Country Planning, there are no written provisions that apply to rezoning. This is because zoning requires consideration of many factors on a site-by-site basis. The allocation of land to a zone changes the range of uses that are allowed on the land, and changes the way the site operates. For each zoning proposal, it is necessary to consider the potential impact of any change on the surrounding area, and which zone is most appropriate in the long-term public interest.
Each zoning and every rezoning proposal is considered by local authorities and by town planning professionals within the Department of Town & Country Planning. Considerations reflect the possible impacts of new zone on:

• surrounding roads and traffic;
• natural environments and systems;
• economic competition and viability;
• people and lifestyles;
• public health, safety and amenity.

The area's land use pattern is also considered - rezoning should not, for example, cause a loss of designated open space or serviced industrial land or a decrease in commercial area in a centre.
Rezoning is unlikely to be supported if the proposed development can already be accommodated in the provisions of the current zone. In addition, speculative rezoning - altering a zone without the intention to develop the land for that purpose - is not supported.

The requirements of most Acts are quite inflexible and must be complied with as many concern matters of public health and safety. Planning provisions, on the other hand, include a mixture of safety- and amenity-related requirements, and are sometimes more flexible. If a proposal does not meet one of the requirements in the Town Planning Act General Provisions , a special request may be made for a ‘relaxation'. This can only be granted by the Director of Town & Country Planning, if it is deemed not to affect the safety, quality or amenity of the site or the surrounding area. Relaxations of provisions are typically granted only at ‘detailed application' stage, not in association with an outline concept.