Page 5573 - Week 13 - Thursday, 17 November 2011
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Clause 13 inserts new section 20A which applies the new requirements to building works that have one or more of the following features. The requirements apply to buildings that are three or more storeys high, involve 15 or more dwellings, have a gross floor area of more than 5,000 square metres, or include structures that are more than 25 metres above ground level.
The new requirements will not apply in greenfield areas. New section 20A excludes greenfield areas as outlined in the maps in the new schedule 1B in the regulation. It is appropriate that development can proceed in greenfield areas without requiring further consultation. These are new estate areas where there has already been an opportunity to comment through the territory plan variation and estate development plan processes. These are areas which are widely understood to be going through significant change and significant new development. These new requirements will not apply to industrial zones as defined in the territory plan as further community consultation is not warranted in these areas given the relative absence of residential dwellings.
Also to be clear, Madam Assistant Speaker, the new requirements will not apply to a development that is exempt from requiring development approval. These parameters mean that the new measures are appropriately targeted at those projects that are likely to be of significant interest or concern to the wider community. These are projects where both the local community and the developer are likely to reap significant benefits from early community consultation.
The new requirements are also balanced in the sense that they will leave the developer of a new project some flexibility as to how the community consultation is to be conducted. New section 138AE will require the consultation to be conducted in a manner consistent with the relevant guidelines. The guidelines are a notifiable instrument made by the Planning and Land Authority under the new section 138AF. Subject to further consultation, the intention is for these guidelines to set out meaningful minimum requirements while leaving the developer with some flexibility to determine how they will go about the consultation for a particular project.
For instance, the guidelines might specify that for a large multi-unit development in a town centre the developer must consult with the relevant community council and give notice to neighbours. The guidelines might at the same time leave room for the developer to determine the manner of consultation with the community council. For example, the developer might elect to write to the community council as well as meet with the council to discuss the proposal. It will be possible for the guidelines to include information on best practice consultation, as well as setting the minimum requirements.
I wish to emphasise that the government intends to consult with the industry and the community on the content of these guidelines and, further, that this is to be done before the commencement of the new requirements. The bill provides that the provisions can be commenced by a day fixed by the minister by written notice. This will allow the government to consult with industry and the wider community on the substance of the guidelines for pre-DA community consultation as well as industry on the new regulatory requirements for displaying a sign on the building block.
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