Australia: Sustainable Planning
Is your development application properly made since the recent amendments to the Sustainable Planning Act 2009?
The transitional issue
As a result of the recent amendments to the Sustainable Planning Act 2009 (SPA), transitional issues have arisen that may render your development application as ‘not properly made’.
The issue has arisen because of a delay in updating the Sustainable Planning Regulation 2009 and the approved IDAS forms to reflect amendments made to the SPA.
One of the major amendments to the SPA was the removal of the requirement that an applicant provide evidence of entitlement to State resources at the time of making a development application. The State government has decoupled the requirement to provide evidence of entitlement to State resources from the Integrated Development Assessment process. The result is that the SPA no longer recognises the concept of State resources.
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