ERDC Phase Three Code Amendment finalised
Published Monday, 7 February 2022
The Minister for Planning and Local Government has finalised an amendment to the Planning and Design Code following the Environment, Resources and Development Committee of Parliament’s (ERDC) suggested amendments in the wake of its review of Phase Three (Urban Areas). The Minister has made the following amendments:
- Removing the need to publicly notify boundary wall development where the boundary wall is within a development site, such as in the case of semi-detached, row or terrace housing.
- Amend the wording of the boundary wall exception to provide a consistent understanding of the term ‘boundary’.
- Refine the ‘minor in nature’ public notification exclusion to provide greater clarity and more consistent interpretation of this clause.
Some of the ERDC’s suggestions - specifically changes to the Notification Tables - required a policy decision which was considered to be beyond the power afforded to Minister under section 74 of the Planning, Development and Infrastructure Act 2016, and hence could not be acted upon.
However, the Minister has asked that the State Planning Commission undertake a review and make appropriate changes to the Notification Tables as part of their Miscellaneous Technical Enhancement Code Amendment. This would allow the proposed suggestions by the ERDC that were not able to be implemented under section 74 to be investigated and undergo public consultation in line with the Community Engagement Charter.
