The Territory Labor Government is improving certainty and understanding around planning decisions with the Planning Amendment Bill 2021 introduced into Parliament today.
The purpose of this Bill is to amend the Planning Act 1999 to create certainty for industry, proponents and the community in decisions relating to planning scheme amendments.
Key features of the Bill are:
- To protect the validity of future decisions by a Minister in relation to planning scheme amendments.
- To put beyond doubt the validity of the decision by the Minister to refuse a request to rezone the land at 16 and 25 Blake Street, The Gardens (Lots 6907 and 6908, Town of Darwin) from community purposes to a special use zone that would have facilitated high and medium density residential development, which does not fit with the existing character of The Gardens.
These amendments do not impede the right to lodge a new rezoning application in relation to 16 and 25 Blake Street, The Gardens.
Transparency of decisions made by the Planning Minister will continue, with the reasons for all decisions still required by the Act to be made publicly available, and the responsible Minister will still be required to consider all relevant matters outlined in the Act.
Overall, this Bill will protect future decisions of a responsible Minister on an application to rezone land from being challenged on a perceived defect in the reasons provided – giving Territorians greater certainty.
Quotes from the Minister for Infrastructure, Planning and Logistics Eva Lawler:
"Projects that bring economic value to the Northern Territory should align with community expectations.
"Planning done well, must consider the context of population growth and the long-term social, environmental and economic needs, and values that underpin the wellbeing and prosperity of our communities now and into the future.
"These planning amendments will provide Territorians with greater certainty on decisions made by Government, now and into the future."