PRIVATE CERTIFICATION FOR PLANNING ASSESSMENTS - PowerPoint Presentation

PRIVATE CERTIFICATION FOR PLANNING ASSESSMENTS Information Session April 2013 regulations

Private Certification information session - April 2013 regulations 2 2 Overview Kinds of development Introduction to the Res Code Process Workflow for Certified planning decisionsGeneral Obligations and Practices Res Code Hints

Private Certification information session - April 2013 regulations 3 3 Private Certification of Planning 11 April 2013 - private certifiers and councils can equally make decisions on Res Code development Section 35(5) of the Act - a Council or DAC must accept a Development Plan decision as certified by a private certifier Section 89(1) - private certifiers may exercise powers to make assessment, require further information, give consent for prescribed development

Private Certification information session - April 2013 regulations 4 4 Private Certification of Planning cont/. Reg 89(1)(aa) limits private certifier decisions to Res Code development Reg 89(1)(aaa) specifically includes “minor variation” Section 89(4) decisions subject to appeal in the same way as a council decision Section 89(5) same duties/requirements as a council Section 89(6)(b) council is not held liable for certified decision

Private Certification information session 3 April 2013 regulations 5 Location Design Allotment Complying - Dev Plan Certification Non-complying Complying - Res Code Merit Minor Residential Dwelling additions & alterations New dwellings Determined areas (new dwellings) Application Design criteria Development plan Schedule 8 referrals Exceptions Council / DAC Council / DAC Application / fee Contamination / Cross over Overview

Private Certification information session - April 2013 regulations 6 Types of development Location Design Allotment Complying - Dev Plan Certification Non-complying Complying - Res Code Merit Minor Residential Dwelling additions & alterations New dwellings Determined areas (new dwellings) Application Design criteria Development plan Schedule 8 referrals Exceptions Council / DAC Council / DAC Application / fee Contamination / Cross over

Private Certification information session - April 2013 regulations 7 7 Kinds of Development Complying (Development Plan) “PDC 11 The following kinds of development (including combinations thereof, or more than one of a particular kind) are complying in the Residential Activity Node Zone subject to compliance with the conditions prescribed in Table HoB/1: The change of use of land, erection of a building, additions or alterations to, earthworks or any other construction for the purposes of: (a) additions (excluding garages, carports and verandahs) to an existing dwelling;”…

Private Certification information session - April 2013 regulations 8 8 Kinds of Development Non-complying (Development Plan) “PDC 9 The following kinds of development are non-complying : The change of land use to, or building work for the purpose of, any of the following, except where the total floor area of a lawful use existing at 23 January 2003 would be maintained or reduced and would be contained within the existing site of that use: Building where the building height above natural ground level is more than 12 metres”…

Private Certification information session - April 2013 regulations 9 9 Kinds of Development Res Code complying Section 35—Special provisions relating to assessment against Development Plan (1) Pursuant to section 35 of the Act (but subject to subregulation (4)), any form of development specified in Part 1 of Schedule 4 is a complying development in respect of a Development Plan. Regulation 8A—Complying development (1) Pursuant to section 35 of the Act (but subject to subregulation (4)), any form of development specified in Part 1 of Schedule 4 is a complying development in respect of a Development Plan. (2) A provision in a Development Plan cannot affect the classification of a form of development as complying development under these regulations.

Private Certification information session - April 2013 regulations 10 10 Kinds of Development “Merit” Section 35—Special provisions relating to assessment against Development Plan (5) A proposed development that does not fall into a category of development mentioned in a preceding subsection will be merit development (and any such development must be assessed on its merit taking into account the provisions of the relevant Development Plan).

Private Certification information session - April 2013 regulations 11 11 Res Code Complying – Purpose Streamline the assessment process for low risk developments Standardise state-wide assessment for residential development Create a standard development application form and assessment checklistImprove predictability of decision making

Private Certification information session - April 2013 regulations 12 Res Code – Range of development Location Design Allotment Complying - Dev Plan Certification Non-complying Complying - Res Code Merit Minor Residential Dwelling additions & alterations New dwellings Determined areas (new dwellings) Application Design criteria Development plan Schedule 8 referrals Exceptions Council / DAC Council / DAC Application / fee Contamination / Cross over

Private Certification information session - April 2013 regulations 13 13 Res Code - Range Minor Residential (Sch. 4 Clause 1) Outbuilding, garage, carport, verandah Dwelling additions and alterations (Sch. 4 Clause 2A ) Single storey portion of a dwelling only (no mezzanine) New dwellings (Sch. 4 Clause 2B) Single and double storey

Private Certification information session - April 2013 regulations 14 14 Res Code - General Scope Minor Residential (Outbuilding, garage, carport, verandah) All areas (with some exceptions) Dwelling additions and alterations (Single storey portion of detached and semi-detached dwellings only) All dwellings (with some exceptions) New dwellings (Single and double storey) Determined areas (with some exceptions)

Private Certification information session - April 2013 regulations 15 Res Code – Exceptions Location Design Allotment Complying - Dev Plan Certification Non-complying Complying - Res Code Merit Minor Residential Dwelling additions & alterations New dwellings Determined areas (new dwellings) Application Design criteria Development plan Schedule 8 referrals Exceptions Council / DAC Council / DAC Application / fee Contamination / Cross over

Private Certification information session - April 2013 regulations 16 16 Res Code - Scope New dwellings (Single and double storey) Determined areas mapping www.sa.gov.au/planning/rescode

Private Certification information session - April 2013 regulations 17 17 Res Code - Exceptions Minor Residential Addition and Alteration New Dwelling State Heritage Cannot apply Cannot apply Cannot apply Local Heritage Cannot apply Cannot apply Cannot apply Heritage Conservation Zone Cannot apply Cannot apply Cannot apply River Murray Cannot apply Cannot apply Cannot apply

Private Certification information session - April 2013 regulations 18 18 Res Code - Exceptions Minor Residential Addition and Alteration New Dwelling Hills Face Zone Cannot apply Cannot apply Cannot apply Detached or semi detached only N/A Can only apply Can only apply Battle Axe Lot N/A Cannot apply Cannot apply Ground floor only N/A Can only apply N/A Note: Contamination - if no EPA Audit report - exception for new dwelling

Private Certification information session - April 2013 regulations 19 19 Development Plan Links (new dwelling & additions/alterations) Primary street frontage (a) the dwelling is not being constructed so that any part of the dwelling will be— (i) — (A) nearer to an existing boundary of the primary street for the dwelling than any distance that applies in respect of setbacks under the relevant Development Plan in relation to any road or portion of a road that constitutes the primary street frontage; or (B) in front of the average setbacks of any existing dwellings on any adjoining allotments with the same primary street (or, if there is only 1 such dwelling, the setback of that dwelling), whichever provides the lesser of 2 distances;…

Private Certification information session - April 2013 regulations 20 20 Development Plan Links (1+ dwelling) Site Area and Primary Frontage (5) Insofar as this clause applies to a site that does not comprise an entire allotment— (a) the site, and any balance of the allotment, must each at least meet the minimum site area and any minimum frontage requirements prescribed in the relevant Development Plan (and if the relevant Development Plan prescribes different minimum site areas and minimum frontage requirements for detached and semi-detached dwellings respectively, the areas and frontage requirements that are lesser in size are to be taken to be the minimum site area and minimum frontage requirements for the purposes of this paragraph);

Private Certification information session - April 2013 regulations 21 21 Development Plan Links (new dwelling & additions/alterations) Flood Management Area (3) Despite any determination under subclause (1), this clause does not apply to any development— (b) in— (iii) a Flood Management Zone/Area unless— (A) the relevant Development Plan— • provides that new detached or semi-detached dwellings may be built in the Flood Management Zone/Area; and • prescribes requirements for such developments relating to finished floor levels (expressed by reference to AHD or ARI); and (B) the development complies with the requirements relating to finished floor levels specified in the Development Plan.

Private Certification information session - April 2013 regulations 22 Res Code – Design criteria Location Design Allotment Complying - Dev Plan Certification Non-complying Complying - Res Code Merit Minor Residential Dwelling additions & alterations New dwellings Determined areas (new dwellings) Application Design criteria Development plan Schedule 8 referrals Exceptions Council / DAC Council / DAC Application / fee Contamination / Cross over

Private Certification information session - April 2013 regulations 23 23 Minor Residential - Design Criteria Design standards for outbuildings, garages, carports, verandahs relate to: building line - building material/colour street frontage set back - excavationsecondary frontage set back - waste control system floor area - flood management FFL (if building dimensions/height relevant) site coverage

Private Certification information session - April 2013 regulations 24 24 New dwelling & additions/alterations - Design Criteria Addition and Alteration New Dwelling Street frontage set back   Secondary frontage set back   Rear boundary set back   Side boundary set backs   Boundary wall limits (height, length, percentage)   Building height (top of footing)  

Private Certification information session - April 2013 regulations 25 25 New dwelling & additions/alterations - Design Criteria Addition and Alteration New Dwelling Wall height (top of footing)   New building work no taller than existing dwelling  N/A Private open space (area/dimensions)   Garage set back and dimensions   Driveway access  

Private Certification information session - April 2013 regulations 26 26 New dwelling & additions/alterations - Design Criteria Addition and Alteration New Dwelling Car parking   Roof area coverage   New building will not alter existing facade and not in front of existing building line  N/A Excavation   Waste control system  

Private Certification information session - April 2013 regulations 27 27 New dwelling & additions/alterations - Design Criteria Addition and Alteration New Dwelling Upper floor window privacy N/A  Upper floor balcony privacy N/A 

Private Certification information session - April 2013 regulations 28 Res Code – Information requirements Location Design Allotment Complying - Dev Plan Certification Non-complying Complying - Res Code Merit Minor Residential Dwelling additions & alterations New dwellings Determined areas (new dwellings) Application Design criteria Development plan Schedule 8 referrals Exceptions Council / DAC Council / DAC Application / fee Contamination / Cross over

Private Certification information session - April 2013 regulations 29 29 Minor Residential Dwellings & Additions/Alterations Scaled site plan (inc. boundaries, dimensions, min. front and side set backs, FFL, site levels, regulated tree (if relevant), driveway details (if relevant), north point, on site waste disposal (if relevant) Scaled site plan (inc. boundaries, dimensions, min. front and side set backs, FFL, site levels, regulated tree (if relevant), uncovered car parks, driveway details (if relevant), north point, on site waste disposal (if relevant) If new driveway access is required, written Local Government Act permit from Council If relevant for a new driveway access, written Local Government Act permit from Council Sch. 5 - Information Requirements

Private Certification information session - April 2013 regulations 30 30 Minor Residential Dwellings & Additions/Alterations Scaled elevations (inc. existing building) confirming building height for existing (if relevant) and proposed building Scaled elevations (inc. existing building) confirming building height for existing (if relevant) and proposed building Schedule of colours for cladding (if relevant) Drawing showing how the development “generally relates” to the closest walls of buildings on adjoining sites (to the side boundaries only) Sch. 5 - Information Requirements

Private Certification information session - April 2013 regulations 31 31 Minor Residential Dwellings Only N/A Declaration by or on behalf of the applicant to the best of knowledge and belief that a site history does is not likely to result in contamination N/A If a site is subject to contamination, and EPA site audit report confirming the site is cleared for residential use Sch. 5 - Information Requirements

Private Certification information session - April 2013 regulations 32 32 Gazetted DA form Sch. 4 Clause 2A and 2B DA Form “Smart” form easier for applicants reduces errors less administration consistency for Councils ensures compliance with some standards

Private Certification information session 3 April 2013 regulations 33 33

Private Certification information session - April 2013 regulations 34 Res Code – Fees Location Design Allotment Complying - Dev Plan Certification Non-complying Complying - Res Code Merit Minor Residential Dwelling additions & alterations New dwellings Determined areas (new dwellings) Application Design criteria Development plan Schedule 8 referrals Exceptions Council / DAC Council / DAC Application / fee Contamination / Cross over

Private Certification information session - April 2013 regulations 35 35 Sch. 6 – Fees (as at 2013 financial year) Minor Residential Addition and Alteration New Dwelling Base Lodgement fee (all) plus $55.50 $55.50 $55.50 For building work > $5000 $63.00 $63.00 $63.00

Private Certification information session - April 2013 regulations 36 Res Code – Certification Location Design Allotment Complying - Dev Plan Certification Non-complying Complying - Res Code Merit Minor Residential Dwelling additions & alterations New dwellings Determined areas (new dwellings) Application Design criteria Development plan Schedule 8 referrals Exceptions Council / DAC Council / DAC Application / fee Contamination / Cross over

Private Certification information session - April 2013 regulations 37 37 Resources Res Code Checklist Standard DA ‘smart’ form Res Code HandbookPlanning Advisory Notice 25Web www.sa.gov.au/planning/rescode

Private Certification information session - April 2013 regulations 38 Detailed Process Workflow

Private Certification information session - April 2013 regulations 39 39 Pre-engagement Mandatory Steps 1. Before engaging a private certifier, if relevant, a person proposing to undertake development on land they do not own must notify the owner of his or her intention to engage a certifier 2. Res Code DA lodged with certifier

Private Certification information session - April 2013 regulations 40 40 Pre-decision Mandatory Steps 3. Certifier to forward required information to the Council or DAC (if out of Council areas) within 2 business days Copy of the application, notification of the date application was received by the certifier and Sch. 6 fee “base amount” 3a. Certifier may request advice from the Council about (a) site contamination or (b) likely need for Local Government Act approval for a new driveway access point If relevant, request for contamination or driveway access advice

Private Certification information session - April 2013 regulations 41 41 Lodgement Mandatory Steps 4. Council (or DAC if relevant) to forward advice as requested within 2 business days The development assessment number to be assigned to the application If relevant, advice regarding contamination or driveway access

Private Certification information session - April 2013 regulations 42 42 Assessment Mandatory Steps 5. Certifier assesses (where relevant) determined area, exceptions, Sch. 5 requirements and Sch. 8 referrals 6. Certifier assesses design criteria, and if: 6a. Compliance with all design criteria: 6b. Compliance with all design and minor variation(s) are assessed as appropriate: 7. Certifier issues Development Plan consent to (a) applicant and (b) the Council (or DAC if relevant)

Private Certification information session - April 2013 regulations 43 43 Notification Mandatory Steps 8. Certifier provides to Council 1 copy of the following documents: 8a. Any certificate, or opinion, plans, drawings, specifications, other documents and information lodged by the applicant stamped or otherwise endorsed with the certifiers consent 9. Council public applications register to include whether a decision was made by a “private certifier”, date Council was notified of certifier engagement and whether Council advised re: contamination or driveway access

Private Certification information session - April 2013 regulations 44 44 Access to Information Mandatory Steps 10. Council must retain for at least 10 years a copy of each document provided by a certifier in relation to any Development Plan consent issued 11. Council must make certifier documents available for inspection (at no charge) at the Council office and make a copy of any certifier document retained by the Council for a reasonable fee 11a. Certifier must provide upon, request from Council, a copy of any document (if not already held with Council) submitted to a Certifier as part of the application so that it can respond to a public request for access to such a document

Private Certification information session - April 2013 regulations 45 45 Access to Information Mandatory Steps 12. Council and Certifier can withhold documents if: 12a. Present and future building security jeopardised, or infringement of copyright, or breach of any other law 13. A person may lodge a complaint with the Minister re: failure to comply with the Act, regulations, or the Development Plan with respect to an assessment, decision, consent, certificate or process that relates to a Res Code development

Private Certification information session - April 2013 regulations 46 46 Council - Development Approval The Act continues to prescribe that a Council (or DAC if relevant) will have to issue final decision for all development. the certifier is not the “relevant authority” with respect to the issuing of the Development Approval Section 33 of the Act states: A development will be taken to be an approved development when all relevant consents have been granted and a relevant authority has, in accordance with this Act, indicated that the development is approved.

Private Certification information session 3 April 2013 regulations 47 Location Design Allotment Complying - Dev Plan Certification Non-complying Complying - Res Code Merit Minor Residential Dwelling additions & alterations New dwellings Determined areas (new dwellings) Application Design criteria Development plan Schedule 8 referrals Exceptions Council / DAC Council / DAC Application / fee Contamination / Cross over Overview