Thursday, March 8, 2012

Legislation Amendments allow Electronic Submissions on Development Applications

Legislation Amendments allow Electronic Submissions on Development Applications

Issue 2012-05

Recent amendments to planning legislation public notification requirements have improved the ability to lodge electronic submissions on development applications at Sunshine Coast Council.  The changes amend approved public notification forms that must be used by development applicants and include an email address to which electronic submissions can be sent.

The Sustainable Planning Act (SPA) enables Council, as the assessment manager, to accept electronic submissions (e.g. by email).  However, in order for electronic submissions to be “properly made” as the legislation requires, the public notices have to include the assessment manager’s email address.  Previously, this was problematic, as the approved forms did not include a space or a field where Council’s email address could be included.

The amendments now rectify this issue.  Where an assessment manager advises the applicant (e.g. through an acknowledgement notice or other form of communication) that they are willing to accept electronic submissions to a particular email address, that address must now be included in a new field that has been added to the approved forms.

Council already advises development applicants through the acknowledgement notice that written submissions can be made electronically to
mail@sunshinecoast.qld.gov.au

Because of these changes, development applicants must now ensure that they include this email address on all required public notices within the Sunshine Coast area, including public notices placed on the land, published in the newspaper, and given to each adjoining land owner.  Not all development applications need to be publicly notified, but the SPA requires that those that do use the approved forms.

Consultants who use advertising companies for public notification procedures need to ensure that these changes are relayed to them.

The amendments, which affect SPA forms 4 and 5 and the “Guide on public notification of certain development applications” applies to all public notification procedures from 1 March 2012.

The amendments to the legislation also introduce other changes, including reducing the size of SPA form 5 and requirements for particular aquaculture development in the Great Barrier Reef Marine Park.

For further information, go to the Department of Local Government and Planning’s website at
http://www.dlgp.qld.gov.au/forms-templates/sustainable-planning-act-forms-and-templates.html

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