Local Planning Scheme Changes Clarified
New regulations have been introduced to clarify the changes that can be made to existing land uses within the boundaries of a lot, without altering the predominant use of the land.
Changes Without Development Approval
According to the new rules, a change in use is considered an extension of a use within the boundary of the lot if it does not alter the predominant use of the land. This means that a property owner may make changes to their land use, such as:
- Adding a new building
- Expanding an existing one
without needing to obtain development approval.
Circumstances Requiring Development Approval
The regulations outline specific circumstances under which a change in use is deemed consistent with the objectives of a particular zone and does not require development approval. These include situations where the proposed use is:
- Incidental to another permitted use on the land
Special Use Zones
The new rules also introduce special use zones, set out in Schedule 2 of the Local Planning Scheme. A person must not use any land or structure in a special use zone except for the purpose specified against that land in Schedule 2 and subject to compliance with any conditions outlined in Schedule 2.
Non-Conforming Uses
The regulations also address non-conforming uses, which are existing uses that do not comply with the requirements of the Local Planning Scheme. The new rules clarify that:
- A person shall not alter or extend a non-conforming use without first obtaining development approval from the local government.
- In cases where a property owner has failed to continue using their land in compliance with the scheme, the local government may:
- Purchase the affected property
- Pay compensation to the owner
Destruction of Non-Conforming Uses
The new rules also address the destruction of buildings used for non-conforming purposes. If a building is destroyed to 75% or more of its value, the land on which it was built shall not be used otherwise than in conformity with the scheme, and the building shall not be repaired or rebuilt without development approval from the local government.
Conclusion
Overall, these changes aim to provide greater clarity and certainty for property owners and developers, while also ensuring that the Local Planning Scheme is upheld and the integrity of the zone is maintained.