Changes to planning permit application process

New Sections 48A–48D

• Responsible authorities must issue a formal notice if they believe a permit application is incomplete.
• If the applicant does not respond by the deadline, the application becomes void and of no effect.
• Refunds will be available for void applications.
• These changes do not alter:
• • Existing application requirements under section 47(1)(b)–(e).
  • The authority’s ability to request further information under section 54.

Amendments to Section 68

For permits with no specified expiry date, the following default timeframes will apply:

• 3 years after the permit is issued if development has not commenced (new provision).
• 5 years after the permit is issued if development is not completed (up from 2 years).
• 3 years after development is completed if the use has not commenced, or if the use is discontinued for 3 years (up from 2 years).

New Section 52A

The Minister may issue guidelines to clarify:

• When material detriment has occurred (relevant for notifying affected parties).
• Whether a person is materially affected by a permit or amendment.

Applies to notices and applications under sections 52, 57B(2), 96C(1)(b), and 96C(1)(f).

Changes to Section 97E(1)

• The Minister will now have discretion, rather than an obligation, to refer objections or submissions to a Planning Panel for “called-in” applications.
• This aims to improve efficiency where the Minister believes no independent review is needed.

New Section 96UA + Regulations

Levy Exemption Certificate

• Applicants can apply if:
• • A previous application for the same land was made.
  • The MPL was already paid on that earlier application.
  • The estimated cost of the new development is not more than 10% higher than the previous one.
• Certificate is valid for 180 days.

Additional MPL Exemptions

• Will apply to applications made in prescribed circumstances, to be defined in upcoming regulations.

The Housing Statement Reform Act introduces a process to ensure that basic information is provided before an application is accepted. This is given effect under new Sections 48A to 48D.

The information required by section 47 of the Act is:

• Fee (s47(1)(b)).
• Information required by the planning scheme (s47(1)(c).
• Copies of restrictive covenants (s47(1)(d)).
• Details of beneficiaries (s47(1)(e)).

A notice is required to be sent within 5 business days of receiving the application and must contain a date for the applicant to provide the information that is no less than 5 business days after the day the notice is given.

If the applicant provides the information the statutory clock starts on the day the information is received.

If the applicant does not provide the information by the specified date the application is void.

Making a request does not impact on the ability to make a request under s54.