WEDNESDAY, MARCH 9, 1994
TRANSITIONAL PROVISION INTRODUCED TO TOWN PLANNING ORDINANCE
THE
A BILL THAT SEEKS TO INTRODUCE A TRANSITIONAL PROVISION TO TOWN PLANNING ORDINANCE TO ENABLE PLANNING APPLICATIONS SUBMITTED UNDER DEVELOPMENT PERMISSION AREA (DPA) PLANS TO CONTINUE TO BE PROCESSED WHEN DPA PLANS ARE REPLACED BY OUTLINE ZONING PLANS (OZPS) WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE SECOND READING OF THE TOWN PLANNING (AMENDMENT) BILL 1994, THE SECRETARY FOR PLANNING, ENVIRONMENT AND LANDS, MR TONY EASON, SAID THE ORDINANCE STIPULATED THAT A DPA PLAN WAS EFFECTIVE FOR THREE YEARS AFTER FIRST GAZETTING AND ITS EFFECT WOULD LAPSE WHEN IT WAS REPLACED BY AN OZP.
OF THE 35 DPA PLANS GAZETTED SO FAR, 30 WERE GAZETTED ON JULY 12, 1991 AND WILL BE REPLACED BY OZPS BEFORE MID-JULY THIS YEAR.
MR EASON NOTED THAT THE ATTORNEY GENERAL'S CHAMBERS HAD ADVISED THAT WHEN A DPA PLAN CEASED TO HAVE EFFECT, ANY PLANNING APPLICATION MADE UNDER IT COULD NOT BE CONSIDERED OR REVIEWED BY THE TOWN PLANNING BOARD SINCE THE BOARD'S POWERS TO CONSIDER OR REVIEW THE APPLICATION DERIVED FROM THE DPA PLAN.
SIMILARLY, HE SAID, AN APPLICANT COULD NOT APPEAL AGAINST THE BOARD'S DECISION ON REVIEW UNDER THE ORDINANCE IF THE OZP REPLACED THE DPA PLAN BEFORE THE APPLICANT LODGED HIS APPEAL.
"WE
EXPECT A NUMBER OF PLANNING APPLICATIONS WHICH ARE BEING PROCESSED BY THE BOARD OR BY THE TOWN PLANNING APPEAL BOARD ΤΟ BE OUTSTANDING WHEN THESE DPA PLANS ARE REPLACED BY OZPS.
"IN THE CIRCUMSTANCES, IN FAIRNESS TO THE APPLICANTS AND ΤΟ MAINTAIN REASONABLE CONTINUITY IN THE WORK OF THE BOARD AND THE APPEAL BOARD, WE PROPOSE TO INTRODUCE A TRANSITIONAL PROVISION TO ALLOW FOR THE CONTINUATION OF PLANNING APPLICATION, REVIEW AND APPEAL PROCESSES, UNTIL THEY HAVE BEEN EXHAUSTED, MR EASON SAID.
"
HE SAID THE BILL ALSO CLARIFIED THAT UNDER THE ORDINANCE, THE PLANNING AUTHORITY MIGHT ENTER A SITE ON WHICH THERE WAS UNAUTHORISED DEVELOPMENT AND TAKE WHATEVER STEPS HE CONSIDERED NECESSARY TO ENSURE THE DISCONTINUANCE OF SUCH DEVELOPMENT, AND TO PREVENT ADVERSE EFFECTS OR REINSTATE THE SITE CONCERNED.
IN CARRYING OUT THESE FUNCTIONS, THE AUTHORITY MAY HAVE TO TAKE POSSESSION
OF.
REMOVE, DETAIN AND SUBSEQUENTLY DISPOSE OF PROPERTY REMAINING ON THE LAND, SUCH AS CONTAINERS, ABANDONED VEHICLES AND 30
ON.
AS THE ORDINANCE DID NOT STATE EXPRESSLY THAT THE AUTHORITY HAD THE POWER TO TAKE SUCH ACTION BEFORE CARRYING OUT THESE FUNCTIONS, NOR DID IT LAY DOWN PROCEDURES, MR EASON SAID IT WAS NECESSARY TO CLARIFY WHAT THE POWER OF THE AUTHORITY WAS AND TO PROVIDE FOR THE MAKING OF REGULATIONS BY THE GOVERNOR IN COUNCIL TO LAY DOWN THE NECESSARY PROCEDURES FOR THE EXERCISE OF THIS POWER.
DEBATE ON THE BILL WAS ADJOURNED.
TUT
/B