This policy describes the scope of planning permit conditions that we request in response to planning applications referred to us under the Planning and Environment Act 1987, and planning schemes.
Under planning schemes, we are often specified as a referral authority or interested party for planning permit applications for development and Plans of Subdivision. We may then refuse a permit, or consent to a permit being issued by the responsible authority, subject to certain conditions to ensure any waterway, water quality and drainage issues affecting or affected by the subdivision are satisfactorily addressed.
The ability to request the inclusion of conditions on a planning permit depends on the purpose in which we've received the referral. There must be a nexus between valid planning permit conditions and our legislative powers.
Planning permit conditions will generally include some or all of the following:
- a requirement to enter into an agreement with us under the Water Act 1989 (as amended) for the provision of development servicing
- provision of reserves and easements, where required by us. These must be shown on the Plan of Subdivision. The easement must comply with Section 12(1) of the Subdivision Act 1988 and be specified on the subdivision plan as being for the use of us
- provision of adequate temporary and permanent controls on storm and surface water runoff from the development, to ensure that the quality and volume of runoff is not detrimental to the downstream environment
- ensuring the planning, design, construction, operation and maintenance of all development adjacent to waterways identifies and protects streamside areas of environmental significance
- ensuring developments are constructed with appropriate flood protection measures without compromising the safety of other properties
- separate agreements for building over our assets
Conditions specified must be complied before we'll provide consent to council for release of Statement of Compliance in accordance with Section 57 of the Subdivision Procedures Regulation 1989.