Minister for Planning - Notice of Exemption from Planning Requirements during State of Emergency.
The Planning and Development (Local Planning Schemes) Amendment Regulations 2020 gazetted on 3 April 2020 introduced a new Part 10B to the Deemed Provisions in Schedule 2 entitled ‘Exemptions from planning requirements for state of emergency’. The Amendment Regulations enables the Minister for Planning to issue notices exempting the need for compliance with one or more requirements of a local planning scheme.
A Notice of Exemption (“Notice”) dated 8 April 2020 was signed by the Minister for Planning and is required for the purpose of facilitating a response to, or recovery from, the emergency occasioned by the COVID-19 pandemic.
The Notice provides specific guidance to both Proponents and Local Government on a range of temporary exemptions for certain approvals and requirements within the local planning framework. These exemptions will remain in effect until 90 days after the end of the State of Emergency.
The exemptions remove any barriers within the planning system to ensure flexible and speedy responses to a changing crisis environment, support business and guarantee the provision of essential community services.
The Department of Planning, Lands and Heritage’s (DPLH) website provides an Overview of the State of Emergency Planning Changes, the signed Notice of Exemption by the Minister for Planning dated 8 April 2020, Frequently Asked Questions and template letters that Proponents could send to notify adjoining impacted neighbours.
For more information, please refer to the DPLH’s State of Emergency planning changes webpage.