This update introduces significant procedural reforms to the planning system, primarily through the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025. The most critical change is the complete overhaul of the planning scheme amendment process for municipal councils, introducing a new mandatory authorisation framework under Part 3, Division 1AA. This replaces the previous process in Sections 8A-8D.
Furthermore, new rules in Part 4 (Sections 48A-48D) allow responsible authorities to declare incomplete permit applications void, creating a new risk of project delays. The update also enhances enforcement powers by introducing orders to prohibit development on sites where heritage buildings have been unlawfully demolished (Part 6, Division 2A). Finally, processes for panels and the Tribunal are streamlined to allow for more active case management, including treating similar submissions as a group.
This update broadly impacts all stakeholders involved in the planning process, but most significantly alters the operational procedures for project managers, legal teams, and planning consultants who engage with municipal councils on permit applications and scheme amendments.
A new Division 1AA of Part 3 (Sections 16A-16N) replaces the previous framework under Sections 8A-8D for how municipal councils prepare planning scheme amendments. Councils must now formally apply to the Minister for authorisation before preparing an amendment. The process includes new steps for persons requesting an amendment (Section 16A), council decision-making on such requests (Section 16B), and Ministerial review. A key introduction is the concept of "low-impact amendments" (Section 16N), which may follow a simplified process under Section 23A, bypassing the need for a panel hearing. This new, more structured front-end process aims to filter and manage amendment proposals more effectively before they enter the formal exhibition stage.
New Sections 48A, 48B, 48C, and 48D in Part 4 introduce a formal process for responsible authorities to manage incomplete permit applications. An authority can now issue a notice specifying missing fees or information (Section 48A). If the applicant fails to provide the required items by the specified date, the application is automatically rendered void and of no effect (Section 48B). This formalises the process for rejecting incomplete applications, shifting the onus onto applicants to ensure full compliance at the time of lodgement to avoid automatic rejection and the need to re-lodge....
