Are you ready for the Planning and Design Code?

31 July 2020

As most councils would be aware, the commencement of the Planning and Design Code (‘the Code’), and full commencement of the Planning, Development and Infrastructure Act 2016 (‘PDI Act’), for Phase 2 councils has commenced today.  Phase 3 of the Code is not far behind, currently scheduled to commence later this year.

There have been a series of recent documents released by the State Planning Commission (‘SPC’) regarding consultation of and further amendments that have been made to the Code for Phase 2 commencement. There have also been a series of proclamations under the PDI Act and amendments to the Planning, Development and Infrastructure (General) Regulations 2017 (‘the PDI Regulations’).

On 26 July 2020, the Minister gazetted the decision notification form to be used by relevant authorities when notifying of a decision under the PDI Act (refer pages 3650-3654). Along with giving notice of Ministerial Building Standards for designated bushfire prone areas – additional requirements, on-site retention of stormwater and construction requirements for the control of external sound (refer page 3655). These requirements will form part of the Building Rules under the PDI Act and come into force on the day Phase 2 comes into effect. Is your council ready? Following is a checklist of some key requirements for councils to have in place for commencement of the Code and PDI Act:

  • delegations under the PDI Act for the Council, Assessment Panel and Assessment Manager;
  • confirmation that persons carrying out positions required to be accredited under the PDI Act have the necessary accreditation (e.g. Assessment Managers, Panel Members);
  • instruments of appointment for authorised officers under the PDI Act;
  • template documents, including letters, enforcement notices, report templates and expiation notices. Kelledy Jones have a suite of template documents available for purchase, you can find out more here; and
  • council endorsement of the fee for public notice in accordance with the recently gazetted amendments to regulation 47 of the PDI Regulations.

If you are a Phase 2 council and have yet to implement any of the above, we recommend you do so as a matter of some urgency, to ensure you are ready for today’s commencement of the Code.  We also recommend that Phase 3 councils start making the necessary preparations in anticipation of the Code commencing late 2020.

As always, we are here to help councils in any way we can with the implementation and commencement of the Code and the PDI Act.

For more information please contact Emily Nankivell on enankivell@kelledyjones.com.au or 08 8113 7114.