Planning Variation Regulations

1422 The Hon. A. PICCOLO (Light) (24 September 2019). With regard to the drafting and redrafting of the Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019, what consideration was given to extending the assessment timeframes allowed for various classifications of development applications?

The Hon. S.K. KNOLL (Schubert—Minister for Transport, Infrastructure and Local Government, Minister for Planning): I have been advised the following—

Extensive consideration was given to the time frames prescribed under regulation 53 of the Planning, Development and Infrastructure (General) (Development Assessment) Variation Regulations 2019 (the Regulations). Feedback was sought on timeframes through the Assessment Pathways Discussion Paper (August 2018). Feedback generally observed that decision timeframes under the Development Act 1993 were appropriate and should be used as a guide for the new timeframes, but additional time should be added to the overall time frame to account for periods of public notification, agency referrals and determination by an assessment panel.

In January 2019, the draft regulations were consulted. Submissions from the development industry generally observed that the assessment timeframes were too generous and should be reduced, while the local government sector and community groups observed the timeframes were too short and should be lengthened. Several submissions expressed general support for the timeframes prescribed, subject to certain refinements.

Ultimately, assessment time frames have been based on the timeframes prescribed in the Development Act 1993, taking into account the feedback received through consultation, as well as baseline data on current assessment timeframes.

For example, current system indicator data demonstrates that it currently takes relevant authorities a median of approximately 18 business days to determine a category 1 merit application (Annual report on the administration of the Development Act 1993—2017-18), and therefore 20 business days has been prescribed to determine a performance assessed application where the application doesn't require notification, referral, or consideration by an assessment panel or the Commission.

The regulations have adopted the recommendations from submissions to base time frames on business days, to provide additional time when notification, agency referral or a panel meeting is required, and to provide additional time for an application to be verified prior to lodgement.