Authority Approvals and Planning Controls

Question 1

Architect’s role in approvals is…

Answer 1

To understand the DA process and correctly interpret planning controls
Advise the client on the process and appoint the right consultants for the job (planner etc)
Involve the client in all Council meetings

Question 2

State approvals

Answer 2

DPIE, IPC ($100M), SPP ($30-100M)

Question 3

Local approvals

Answer 3

Local planning panel (+value, +objections, +departure from controls, +sensitive)
Delegated planning officers
Committees

Question 4

Appeals

Answer 4

Local Environmental Court - a division of the Supreme Court

Question 5

Concurrence (parallel approvals)

Answer 5

Integrated development (Transport, Airport etc)

Question 6

Statute Law

Answer 6

Planning principles set by court cases.

Question 7

Varying planning controls

Answer 7

SEPP 1 - LEP clause 4.6
<10% Council
>10% LPP
Significant - planning proposal

Question 8

Relevant planning controls

Answer 8

SEPPs esp 65(+ADG) and Basix for residential, Infrastructure
LEPs (note draft LEPs need only be considered when on exhibition)
DCPs not legally binding but problematic if too many objectives or characters statements breached

Question 9

Options if development is refused

Answer 9

Appeal to court

Submit a review application to Council

Question 10

DA process in Council

Answer 10

2 weeks to assign to officer
~14 days notification (28 for integrated)
Assessing officer review (months)
Sign off by manager
Determination letter and conditions of consent to applicant

Question 11

Deemed refusal

Answer 11

Assumed by the applicant when they don’t hear from the Council within a certain timeframe ie 40 days

Question 12

DA conditions - to check

Answer 12

Check if they require any redesign prior to construction certificate
Check they can be achieved within the client’s scope/budget

Question 13

Deferred commencement

Answer 13

Requires compliance to be achieved with a specific condition (not the general CoC) prior to the development consent being issued. Example - site remediation

Question 14

Timeframes for consents

Answer 14

2-5 years from the date of the Determination letter for the original consent (mods do not restart the clock)
Physical commencement must be achieved within the timeframes

Question 15

Modification applications

Answer 15

Must be substantially the same as the originally approved DA.

Question 16

Construction Certificate

Answer 16

Required for all works to commence construction (except for complete demolition)

Question 17

Occupation certificate

Answer 17

Required from Council or PC in order to occupy a new building of change the use of an existing building