Special cases
PART 3: DEVELOPMENT APPROVAL
Information in this topic is worded in a general way to suit the
circumstances in all Australian states and territories.
You will find an explanation of words in italics in
1.2 Planning language.
3.7 SPECIAL CASES
Land use controls contained in
planning schemes apply to most land in Australia, including land in government ownership as well as land in private ownership.
However, there are some special cases where the
land use controls contained in
planning schemes do not apply, including:
• land owned by the Commonwealth, such as major airports, defence lands and national parks
•
Exempt development as defined in
planning legislation
•
Existing uses as defined in
planning legislation
• land below
high water mark
• land covered by special legislation instead of the more general
planning legislation
In these special cases a development application to the local council may not be required, but other approval processes may apply.
Planning legislation also includes
reserve powers for a state and territory government to override the authority of the local council in certain circumstances, such as where the impact of a proposed
development would have state or regional significance.
The
planning system also has a number of special agencies and processes set up to by-pass the normal path of a
development application and approval, such as state or territory government land organisations (GLOs).
Related topics:
•
1.2 Planning language
•
1.3 Important points about planning
•
1.6 Legal framework for planning decisions
More on-line resources:
Planning scheme and development applications:
• Your local council’s website
Planning legislation, planning process, and planning instruments in each state or territory:
•
ACT
•
NSW
•
NT
•
QLD
•
SA
•
TAS
•
VIC
•
WA
We will build this list over time and invite you to
contact us with suggested links you are aware of that can be added to this page.
Want to know more?
Is there something more you want to know about this topic?
Contact us with your ideas for future inclusion in TOWN PLANNING FOR EVERYONE resources.
©The Planning Academy 2011
Last updated: 9 Dec 2013
