State Government Planning Changes in response to COVID-19

By gazettal on 3 April 2020, the Minister for Planning published an amendment to the LPS Regulations which came into effect on 4 April 2020.

The effect of the amendment was to add to Schedule 2 of the LPS Regulations a new Part 10B containing deemed clauses 78H, 78I and 78J which, as deemed provisions, take effect in every LPS in the State.

The Amendments provide the Minister for Planning with authority to temporarily override requirements and conditions set out in a local planning scheme, and existing conditions in planning approvals.

This could include exemptions relating to noise or amenity restrictions that guide supermarket deliveries, waste and recycling services and construction activities, and take-away and retail delivery services among other locally driven compliance requirements.

Under the amendments, the Minister for Planning can issue a notice to suppress local scheme provisions for a single council, across a specific region or across the State.

The Shire have incorporated the changes within its Local Planning Scheme (No. 1) available on the website here.