Week 3 - The planning system

Question 1

objective of planning

Answer 1

To maximize the efficiency (limited supply of land)
To restrict conflicting land use
To balance the land use between areas
To protect the environment
To protect others’ rights

Question 2

two key categories of property development

Answer 2

Physical aspect: the carrying out of building, engineering, mining or other operations in, on, over or under land

Functional aspect: undertaking any material change of use in any buildings or other land

Question 3

who can lodge a planning application

Answer 3

Anyone can apply. 
However, a notice needs to be served on
 a) the land owner; 
b)any lessee with an unexpired term; 
c)any occupier of agricultural property

Question 4

typical information in planning application

Answer 4

The Land: address, lot number
The Proposal: for what use, development do you require a permit? Estimated cost?
Existing Conditions: current use, physical condition, parking, storey, etc.
Title Information: any encumbrances on title? Ex)mortgage, easement
Applicant and Owner Information

Question 5

types of planning applications

Answer 5

1. Outline planning permission application
2. Full or detailed application
3. Change of use application
4. Application for heritage listed building consent (conservation area)

Question 6

explain the different types of planning applications

Answer 6

Outline planning permission application
General application without specific description of the development. (without design, exterior, landscaping, technique, etc.)

Full (detailed) application
Comprehensive application with detailed information (including all above).

Change of use application
Considered as a full application
Applicable when the use of land changes from one to the other.

Application for heritage listed building consent or consent to demolish:
Development in heritage building or conservation area requires special approval and assessment process.
External painting control, internal alteration control, tree control, etc.

Question 7

what is a heritage place

Answer 7

A heritage place could include a site, area, building, group of buildings, structure, archaeological site, tree, garden, geological formation, fossil site, habitat or other place of natural or cultural significance and its associated land.
It cannot include movable or portable objects such as machinery within a factory or furniture within a house

Question 8

why permission is not the last step

Answer 8

Getting permission is not the end.
Permission may come with conditions.
Time limitation: If development does not commence within time, the approval can lapse.
However, if the market is downturn, what should I do?
Matrial opertation needs to be shown.
Some developers complete ONLY foundation work before the due date.
Other limitation: occupation, noise, nature conservation, landscapting, etc.

Question 9

purpose of planning agreements and obligations

Answer 9

Prescribe the nature of development
Compensate for loss or damage
Mitigate the impact of the development

Question 10

If developers find the agreement is unfair, they can appeal. However, bringing an offer can be a remedy where they feel necessary.

Basic tests of reasonableness:

Answer 10

Relevant to planning
Necessary to make the proposed development acceptable in planning terms
Directly related to the proposed development
Fairly and reasonably related in scale and kind to the proposed development
Reasonable in all other aspects

Question 11

explain planning appeals
If local authorities refuse or delay the planning permission process, developers can seek answers in a right of appeal.

Alternatively, both parties can pursued.

Answer 11

Written representations: exchange of written statements
Informal inquiry: meeting between the appellant and the local authority
Formal public inquiry: both parties hire legal representatives.