Important changes to the Development Regulations ahead of the commencement of caretaker period

15 February 2018

The Government Gazette of 13 February 2018 contained two sets of amendments to the Development Regulations 2008:

1.         Development (Building Cladding) Variation Regulations 2018 which will commence operation on 12 March 2018; and

2.        Development (Horticultural Netting) Variation Regulations 2018 which will commence operation on 8 April 2018.

The Development (Building Cladding) Variation Regulations 2018 amend regulations 3, 74, 83 and Schedule 5 to achieve the following:

• the Minister will be able to designate buildings, and classes of buildings, and building products used in particular circumstances, as being “designated buildings” and “designated building products” by way of Gazette Notice;
• the Gazette notice will prescribe certain details which must be provided by an applicant, whenever an application for a “designated building” or class of building is made to a relevant authority, or when a “designated building product” is intended to be used;
• whenever a “designated building” is to be constructed using a “designated building product”, regulation 74 will require that one (1) business days’ notice must be provided to the relevant council of the installation of the “designated building product”. Further, a supervisor’s checklist relating to the installation of the “designated building product” must be signed by a registered building work supervisor and provided to the Council;
• the supervisor’s checklist will be instituted through a notice published in the Gazette;
• Statements of Compliance will be required to be provided in respect of all “designated buildings” in which “designated building products” have been used; there will be no discretion to waive this requirement under regulation 83(2).

As the name suggests, the new regulations will be initially used to impose requirements concerning the use of cladding products on certain types of buildings. The regulations will, however, also allow the “designation” of a broad range of building materials in future.

The Development (Horticultural Netting) Variation Regulations 2018 amend regulation 24 and Schedule 1A to achieve the following:

• the construction or alteration of, or addition to, a protective tree netting structure does not require Development Plan consent, only Building Rules, in circumstances prescribed within Schedule 1A;
• the circumstances prescribed restrict the height of structures to 6 metres, requires them to be of a low light-reflective nature and where side netting is proposed, the netting must be of a dark colour. Height, boundary and dwelling setbacks are also prescribed. Further restrictions exist to prevent undue outcomes for native vegetation, within bushfire protection areas and within watercourse, as well as prohibiting the operation of Schedule 1A when the development is in a particular Zone, interferes with sewage or waste control systems or will be contrary to regulations prescribed for the Electricity Act 1996;
• a separate fee is proposed for such forms of development and the fee amount is based on the square metre area of the structure;
• Schedule 6 is to be amended to ensure that certain fees received in respect of applications for these structures are on-paid to the State Planning Commission.

For more information, please call Victoria Shute on 8113 7104 or email vshute@kelledyjones.com.au.