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Section 27 - Land Use Planning and Approvals Amendment Act 2013 - Part 4, Division 2B inserted | Zoe

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Land Use Planning and Approvals Amendment Act 2013

27Part 4, Division 2B inserted

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27 Part 4, Division 2B inserted

After section 60Z of the Principal Act , the following Division is inserted in Part 4:

Division 2B - Planning compliance certificates

60ZA. Interpretation of Division 2B

In this Division –

ancillary dwelling means a dwelling that –

(a) has a floor area not greater than 60m2; and

(b) is appurtenant to a dwelling on a lot on which no other dwelling is situated; and

(c) shares, with the dwelling to which it is appurtenant, any access and parking, water, sewerage, gas, electricity or telecommunications connections and meters;

dwelling means a building, or a part of a building, which building or part of a building –

(a) is used as a self-contained residence; and

(b) includes food preparation facilities, a bath or shower, laundry facilities, a toilet and sink –

and may include any outbuildings and works normally forming part of a dwelling;

low risk development means a development, other than a single dwelling development, which –

(a) is within a class of development in relation to which no permit is required, and that is not prohibited, under the planning scheme, or special planning order, that applies in relation to the land on which the development is to be situated; and

(b) is for the purposes of a low risk use;

low risk use means a use of land, other than a single dwelling use, that is a use –

(a) in relation to which no permit is required; and

(b) that is not prohibited –

under the planning scheme, or special planning order, that applies in relation to the land;

(1) A planning authority, or planning certifier, to which an application is made under section 60ZC(1) in relation to a development and a use –

(a) must issue a planning compliance certificate specifying that –

(i) the development is a single dwelling development; and

(ii) the use is a single dwelling use –

if the planning authority or planning certifier is of the opinion that the development is a single dwelling development and the use is a single dwelling use; or

(b) must refuse to issue a planning compliance certificate in relation to the development and the use if the planning authority or planning certifier is not of the opinion that the development is a single dwelling development and the use is a single dwelling use.

(2) A planning authority, or planning certifier, to which an application is made under section 60ZC(1) in relation to a development and a use –

(a) must issue a planning compliance certificate, specifying that –

(i) the development is a low risk development; and

(ii) the use is a low risk use –

if the planning authority or planning certifier is of the opinion that the development is a low risk development and the use is a low risk use; or

(b) must refuse to issue a planning compliance certificate in relation to the development and the use if the planning authority or planning certifier is not of the opinion that the development is a low risk development and the use is a low risk use.

(3) In determining whether to issue a planning compliance certificate in relation to a development and a use, a planning authority, and a planning certifier, must take into account the prescribed matters, if any.

(4) A person who has applied to a planning authority, or a planning certifier, for the issue of a planning compliance certificate may appeal to the Appeal Tribunal against a decision by the planning authority or planning certifier to refuse to issue such a certificate.

(5) After hearing an appeal in relation to a refusal by a planning authority or a planning certifier to issue a planning compliance certificate, the Appeal Tribunal may, in addition to its powers under the Resource Management and Planning Appeal Tribunal Act 1993 , direct the planning authority or planning certifier, respectively, to issue a planning compliance certificate.

(1) A planning compliance certificate is a certificate, in the prescribed form, that specifies that –

(a) a development to which the certificate relates is a single dwelling development and a use to which the certificate relates is a single dwelling use; or

(b) a development to which the certificate relates is a low risk development and a use to which the certificate relates is a low risk use.

(2) If a development, or use, to which a planning compliance certificate relates is not substantially commenced within the period of 2 years after the certificate is issued, or within the period extended under subsection (3) , the certificate is cancelled.

(3) If a development, or use, to which a planning compliance certificate relates is not, or is unlikely to be, substantially commenced before the certificate would otherwise be cancelled under subsection (2) , the planning authority in respect of the land on which the development is, or is to be, situated may grant (once only) a 2-year extension of the period during which that development or use must be substantially commenced.

(4) If –

(a) a planning compliance certificate in relation to a development, and a use, on land is issued on a day; and

(b) the development and use, on that day, is authorised under the planning scheme, or special planning order, in relation to the land, to be carried out without a permit and is not prohibited; and

(c) the planning scheme, or special planning order in relation to the land (the altered scheme or order) –

(i) ceases, after that day, to authorise the development and the use to be carried out on the land; or

(ii) ceases, after that day, to authorise the development and use to be carried out on the land unless there is a permit in relation to the development and the use; or

(iii) prohibits, after that day, a development, or use, of that kind to be carried out on the land; and

(d) the planning compliance certificate has not been cancelled –

the development and use on that land is to be taken, from the day on which the certificate is issued until the certificate is cancelled, if at all, to be lawfully established before the altered scheme or order came into operation.

(5) A planning authority must –

(a) keep a register of all planning compliance certificates which it has issued or copies of which have been received by the planning authority under section 80I ; and

(b) provide to the Commission, before 1 August in each year, copies of all entries in the register in relation to planning compliance certificates –

(i) which it has issued during the previous financial year; or

(ii) notice of the issue of which it has received under section 80I during the previous financial year.