What is the process for approvals of a “None complying development” “Stalls”

What is Non-Complying development?

Stalls now must comply as shops, a group of shops as a shopping centre, so are now non complying developments, where they were merit use, so what is involved to hold a market, fete or fundraising stall?

Non-Complying developments are listed in the Development Plan and are land uses which are NOT envisaged or encouraged within a particular area

The lodgement of a Non-Complying application incurs a number of expensive fees, and sometimes years of debate and massed of red tape, and there are no guarantees at any stage nor is there any right of appeal.

The assessment process for a Non-Complying development application involves a number of steps.

The first step when a Non-Complying application is made is for the Council staff to undertake a preliminary assessment. From this, they will decide to either refuse the application or proceed with a full assessment.

If the application is refused at this time the applicant has no right of appeal against the decision

If Council agrees to proceed with full assessment of the application a report called a Statement of Effect is required to be submitted. This must be prepared by a qualified planner.

Qualified Planners can be very expensive and cannot always offer their service in a timely manner.

The second step, if the Council decides to proceed with the application, is for the Council planner to undertake a full assessment of the development. After Council planners have assessed the application they will write a report recommending either approval or refusal of the application to the Council Development Assessment Panel.

Once again there is no appeal process.

The third step is for the application, staff recommendation and report to go to a Council Development Assessment Panel meeting, where a decision will be made to support or refuse the application. Should Council refuse the development, the applicant has no right to appeal the decision

If Council supports the application then the Development Assessment Commission, the state planning authority, must also make a decision on the development

The forth step is for the Development Assessment Commission to assess the application. If the Development Assessment Commission does not support the application it will be refused. If the application is refused, the applicant has no right of appeal.

If the Development Assessment Commission approves the application, a Decision Notification Form will be sent to the applicant informing them of the approval and any conditions placed upon the development.

Imagine all this for a fete, fundraiser of garage sale.

Mark Aldridge

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One Response to “What is the process for approvals of a “None complying development” “Stalls””

  1. New compliance red tape for stall holders and market/event managers overview | Mark M Aldridge Blog Says:

    […] Just another WordPress.com weblog « What is the process for approvals of a “None complying development” “Stalls” […]

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