Transition regulations now gazetted

Another planning reform milestone has now been met with the gazettal of the Planning, Development and Infrastructure (Transitional Provisions) (Code) Variation Regulations 2019.

These transitional regulations allow for the staged introduction of the Planning, Development and Infrastructure Act 2016 (PDI Act) and support councils and practitioners to move efficiently from the current planning system to the new planning system.

Under the transitional regulations, councils can continue operate under the Development Act 1993 (and refer to their existing Development Plans) until their Development Plans are officially transitioned to the Planning and Design Code. The Code will be implemented in three stages, becoming operational in out-of-council areas in July 2019, regional council areas in late 2019 and metropolitan council areas in July 2020.

Specifically, the transitional regulations will enable the following to occur:

• Development Plans Amendments that are not completed before the Code is operational will be able to be transitioned to the new planning system. Councils will have a three-month window to finalise unfinished DPAs under the Code after their Development Plans are revoked.
• All designated places of local heritage value and significant trees will be retain their heritage status under the new Planning and Design Code.

The transitional regulations are fundamental to ensuring that the planning and development system continues to operate smoothly and provide maximum benefit to the community during the switch-over from the Development Act 1993 to the PDI Act.