Planning Development and Infrastructure Act 2016
Div 1Objects and planning principles
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Division 1—Objects and planning principles 12—Objects of Act (1) The primary object of this Act is to support and enhance the State's liveability and prosperity in ways that are ecologically sustainable and meet the needs and expectations, and reflect the diversity, of the State's communities by creating an effective, efficient and enabling planning system, linked with other laws, that— (a) promotes and facilitates development, and the integrated delivery and management of infrastructure and public spaces and facilities, consistent with planning principles and policies; and (b) provides a scheme for community participation in relation to the initiation and development of planning policies and strategies. (2) In association with the object referred to subsection (1), the scheme established by this Act is intended to— (a) be based on policies, processes and practices that are designed to be simple and easily understood and that provide consistency in interpretation and application; and (b) enable people who use or interact with the planning system to access planning information, and to undertake processes and transactions, by digital means; and (ba) recognise, protect and promote Aboriginal and Torres Strait Islander knowledge, culture and tradition; and (c) promote certainty for people and bodies proposing to undertake development while at the same time providing scope for innovation; and (d) promote high standards for the built environment through an emphasis on design quality in policies, processes and practices, including by providing for policies and principles that support or promote universal design for the benefit of people with differing needs and capabilities; and (e) promote safe and efficient construction through cost‑effective technical requirements that form part of a national scheme of construction rules and product accreditation; and (f) provide financial mechanisms, incentives and value‑capture schemes that support development and that can be used to capitalise on investment opportunities; and (g) promote cooperation, collaboration and policy integration between and among State government agencies and local government bodies. 13—Promotion of objects A person or body involved in the administration of this Act must have regard to, and seek to further, the objects established by this section. 14—Principles of good planning In seeking to further the objects of this Act, regard should be given to the following principles that relate to the planning system established by this Act (insofar as may be reasonably practicable and relevant in the circumstances): (a) long‑term focus principles as follows: (i) policy frameworks should be based around long‑term priorities, be ecologically sound, and seek to promote equity between present and future generations; (ii) policy frameworks should be able to respond to emerging challenges and cumulative impacts identified by monitoring, benchmarking and evaluation programs; (b) urban renewal principles as follows: (i) preference should be given to accommodating expected future growth of cities and towns through the logical consolidation and redevelopment of existing urban areas; (ii) the encroachment of urban areas on areas of rural, landscape or environmental significance is to be avoided other than in exceptional circumstances; (iii) urban renewal should seek to make the best use (as appropriate) of underlying or latent potential associated with land, buildings and infrastructure; (c) high‑quality design principles as follows: (i) development should be designed to reflect local setting and context, to have a distinctive identity that responds to the existing character of its locality, and to strike a balance between built form, infrastructure and public realm; (ii) built form should be durable, designed to be adaptive (including in relation to the reuse of buildings or parts of buildings) and compatible with relevant public realm; (iii) public realm should be designed to be used, accessible, and appropriately landscaped and vegetated; (iv) built form and the public realm should be designed to be inclusive and accessible to people with differing needs and capabilities (including through the serious consideration of universal design practices); (v) cities and towns should be planned and designed to be well‑connected in ways that facilitate the safe, secure and effective movement of people within and through them; (d) activation and liveability principles as follows: (i) planning and design should promote mixed use neighbourhoods and buildings that support diverse economic and social activities; (ii) urban areas should include a range of high quality housing options with an emphasis on living affordability; (iii) neighbourhoods and regions should be planned, designed and developed to support active and healthy lifestyles and to cater for a diverse range of cultural and social activities; (e) sustainability principles as follows: (i) cities and towns should be planned, designed and developed to be sustainable; (ii) particular effort should be focussed on achieving energy efficient urban environments that address the implications of climate change; (iii) policies and practices should promote sustainable resource use, reuse and renewal and minimise the impact of human activities on natural systems that support life and biodiversity; (f) investment facilitation principles as follows: (i) planning and design should be undertaken with a view to strengthening the economic prosperity of the State and facilitating proposals that foster employment growth; (ii) the achievement of good planning outcomes should be facilitated by coordinated approaches that promote public and private investment towards common goals; (g) integrated delivery principles as follows: (i) policies, including those arising outside the planning system, should be coordinated to ensure the efficient and effective achievement of planning outcomes; (ii) planning, design and development should promote integrated transport connections and ensure equitable access to services and amenities; (iii) any upgrade of, or improvement to, infrastructure or public spaces or facilities should be coordinated with related development.