Planning Regulation 2017

A local government must keep the following documents available for inspection and purchase—

each current State planning instrument that applies to the local government area;

each public notice repealing a State planning instrument that applied to the local government area;

each current local planning instrument for the local government area, including any LGIP;

each notice, and any amended notice, given by the chief executive to the local government under section 18(3) of the Act;

each proposed local planning instrument for the local government area, including any proposed amendments of a local planning instrument;

each amendment of a local planning instrument made by the local government;

each public notice published by the local government about—

making or amending, or proposing to make or amend, a local planning instrument; or

repealing a TLPI or planning scheme policy; or

reviewing a planning scheme;

a copy of any written reasons given to the chief executive under section 25(2)(a) of the Act;

each superseded planning scheme for the local government area;

each repealed or expired TLPI for the local government area;

each explanatory statement, report, study, supporting material or document used in the preparation of a local planning instrument for the local government area;

the following documents prepared or used in relation to the making, amendment or review of the local government’s LGIP—

each schedule of works model;

each review checklist;

each appointed reviewer statement;

a study or report;

any notice given to the local government by the Minister under section 26 or 27 of the Act;

a report, mentioned in section 30(5) of the Act, prepared by the local government;

each current designation made by the local government;

a designation register for all designations made by the local government that are in effect;

any notice given to the local government by the Minister under section 37(2) or (5), 38(2), 39(3)(a) or 40(2)(a) of the Act;

any notice given or published by the local government under section 37(6) of the Act about making or amending a designation;

any notice given by the local government under section 38(2), 39(3)(b) or 40(2)(b) of the Act;

each exemption certificate given by or to the local government under section 46 of the Act;

an exemption certificate register;

if the local government keeps a list of persons who are appropriately qualified to be an assessment manager for a development application—the list of persons, including—

the date each person was included on the list; and

the qualifications, contact details and website address of each person on the list;

any direction given to the local government under section 96 of the Act;

if the local government is a party to a community benefit agreement for a development application or change application—

the community benefit agreement; and

any social impact assessment report for the development application or change application given to the local government;

each copy of a community benefit agreement given to the local government under section 106Z(3) of the Act;

each charges resolution of the local government;

an infrastructure charges register;

each infrastructure charges notice given by the local government on or after 1 January 2020, other than an amended infrastructure charges notice;

each infrastructure charges notice to which paragraph (z) applies that is amended by the local government after 1 January 2020;

each infrastructure agreement that the local government is a party to, or a copy of which is given to the local government under section 153 of the Act;

each breakup agreement that the local government is a party to;

each show cause notice and enforcement notice—

given by the local government under the Act or the Building Act; or

a copy of which was given to the local government under the Act or the Building Act by an enforcement authority or private certifier;

any notice given by, or to, the local government about withdrawing a show cause notice or enforcement notice;

each enforcement order made by the P&E Court on the application of the local government;

the local government’s register stated in the Building Act, section 251;

the local government’s register of resolutions about land liable to flooding made under the Building Act;

each exemption given by the local government under the Building Act, chapter 8, part 2, division 3 or 4;

each document given to the local government by a private certifier (class A) under the Building Act, section 86(1);

each record the local government must keep under the Building Act, section 230;

all development information the local government has about a building development application under the Building Act, other than information that may be purchased from the registrar of titles;

each superseded planning scheme request made to the local government under section 29 of the Act;

a copy of each economic support instrument and adoption notice published by the local government under section 68E;

a copy of each notice published by the local government under section 68G(2).

A State planning instrument stated in subsection (1)(a) must be kept available for inspection and purchase from when the instrument is made until it is repealed or replaced, or otherwise expires.

A proposed local planning instrument, or amendment of a local planning instrument, (the instrument) stated in subsection (1)(e) must be kept available for inspection and purchase for the period—

starting—

if the instrument is publicly notified—the day the instrument is publicly notified; or

otherwise—the day the instrument is proposed to be made; and

ending the day the instrument is made, or the local government decides not to make the instrument.

A notice under subsection (1)(g)(iii) must be kept available for inspection and purchase for 40 business days after the notice is published.

Despite subsection (1), the obligation under subsection (1)(zl) only applies if the person seeking the development information applies for the information in the form approved by the chief executive (housing).

In this section—

the physical characteristics and location of infrastructure related to the application; and

local government easements, encumbrances or estates or interests in land likely to be relevant to the application; and

site characteristic information likely to affect the assessment of the application.