A major change in the current reform as noted in my earlier blog posts today is taking away the rights of individuals, neighbours to make representations on developments that will impact on their property.
On the surface this is not unreasonable as I put my Builder hat on. What has frustrated me as a builder are such things under the current system as when a permitted development (ie 2 storey in a 2 storey zone) is delayed to allow the neighbours to represent against the development because it is 2 storey.
Public notification on a project that complies is a nonsense in that representation will not change the minds of those charged with deciding whether or not to approve the development. It gives the representor an unrealistic expectation that they may influence the decision and extend the time it takes for the inevitable approval.
This is a Government issue not a council issue because Schedule 9 of the State Government’s Development Regulations 2008 triggers the call for public participation. If council did not do this then a neighbour could contest any decision made on that application.
The regulations SHOULD change to address this.
Problem is with the ministers proposal is that there will be no ability for the public to respond if the development proposed does not comply with the relevant development plan.
Here is the dilemma. Four years on our DAP qualifies me to suggest that many (if not a majority of) applications exceed the provisions of the development plan. His bill takes away your right as a neighbour to have a say on a project say 2 storey in a single storey zone.
As a builder I always tried and inevitably did design developments that complied with the relevant development plan. The result of this is most of my applications were passed in a very short space of time. Surely those who choose to push the boundaries should expect the process to take longer to ensure due process has been applied.
The minister is justifying his bill by indicating that people have the chance to contribute at the time a development plan is being implemented or undergoing an amendment. Look out for a subsequent blog for my thoughts on this.