Usc: Enp101: The Planning Language

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Alternative dispute resolution

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includes all dispute resolution procedures outside hearings in the state and Federal courts and tribunals, including mediation

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Amenity

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the pleasant or normally satisfactory aspects of a location which contribute to its overall character and the enjoyment of residents or visitors

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Appeal rights

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the legal right to appeal to the court against a planning authority’s decision about a development application

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Biodiversity

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the variety of life on earth. Biodiversity refers to the wide variety of ecosystems and living organisms: animals, plants, their habitats and their genes

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Citizens

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the corporations, government agencies, interest groups and individuals of a community

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Community consultation

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a two-way relationship in which government seeks and receives the views of citizens, clients or communities on policies, programs or services that affect them directly or in which they may have a significant interest

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Conditions of approval

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enforceable terms under which development approval is given. Conditions can limit the extent of development or how it operates, and require contributions to be paid for infrastructure needed as a result of the development

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Constitution

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an Act to constitute the Commonwealth of Australia [9th July 1900]

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Definition of land use

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the selection of a description of proposed activity conducted or to be conducted on land from the list of land uses in a planning scheme or other planning instrument

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Delegation

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official election or appointment of a person or group of persons to represent another or others

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Development

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a legal definition found in each state and territory’s planning legislation. In general terms development means both physical development (including building, engineering, or mining work) and change of use of buildings or land

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Development assessment

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the process of assessing a development application for consistency with the plans, zones and other planning instruments applying to the development site

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Development site

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an area of land that is subject to a proposed development

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Development tables

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specify the category of development and the type of development application required for a proposed use on a particular development site

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Ecological sustainability

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is a balance that integrates protection of ecological processes and natural systems; economic development; and maintenance of the cultural, economic, physical and social wellbeing of people and communities

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Exempt development

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the right to carry out certain limited forms of development without the need to make a development application. The term is defined in planning legislation

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Existing use

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the use of a building or land for a lawful purpose immediately before a planning instrument came into force. The term is defined in planning legislation

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Grounds

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reasons for supporting or objecting to a proposed development

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Hierarchy of business centres

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the nomination of different business centres according to the function they are intended to perform, such as neighbourhood, local, district, or regional business centre

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High water mark

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the ordinary high-water mark at spring tides

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Infrastructure

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public facilities and services needed to support residential, industrial, commercial and all other land use activities. It includes transportation, water and sewer, energy, telecommunications, recycling and solid waste disposal, parks and other public spaces, schools, emergency services, and health and welfare services

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Land use controls control

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control the physical development of a city or town to secure the most efficient and effective use of land in the public interest, and to ensure that facilities like roads, schools and sewers are built where they are needed. Land use controls include zoning, development codes and standards, subdivision regulations, building codes and associated maps

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Livability

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of a city is defined by its environmental quality, neighbourhood amenity and the well-being of its citizens

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Local area plan

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a more detailed plan within a planning scheme that sets out policies and land use controls for a particular locality within a planning authority area

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Natural resources

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main categories of natural resources are fresh water, plants and animals, fresh air, and soils, minerals and fossil fuels

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Overlays

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exist to protect a particular and important aspect of land (eg vegetation, landscape character, water quality and heritage) or to show land where development cannot occur or is constrained (eg flooded land, land with steep slopes)

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Planning authority

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the statutory body identified in state and territory planning legislation with responsibility for preparing strategic land use plans and land use controls; for controlling development by deciding development applications; and for taking enforcement action when necessary

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planning instrument

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a document formally adopted under planning legislation by state, territory or local government and used to manage the use and development of land

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Planning legislation

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the state and territory Acts relating to the planning system including the regulations that accompany the Acts

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Planning principles

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a list of appropriate matters to be considered when making a planning decision. Planning principles assist when making a planning decision if there is a gap in policy, or where policies are expressed in terms that allow for more than one interpretation. Examples of planning principles are:
• important natural resources are preserved;
• urban settlement is contained to ensure that roads and other infrastructure such as water, sewerage, power, and telecommunications are provided efficiently;
• the economy is supported by maintaining a hierarchy of business centres;
• community services, facilities and open space are fairly distributed; and
• incompatible land uses are separated

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Planning scheme

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commonly known as a town plan, the planning scheme is the formally adopted document used to manage the use and development of land at a local level. Planning schemes are known under different terms throughout Australia such as Local Environmental Plans, Local Planning Schemes, Local Town Planning Schemes, or Development Plans.

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Planning system

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comprises the planning legislation, plans, policies, planning schemes, guidelines, decision making processes and appeal mechanisms related to the use and development of land

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Public notification

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formal notification of a development application to the community through advertisement in the newspaper, sign on the land and letter to adjoining landowners, advising of the opportunity to make submissions

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Public interest

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the common well-being or general community welfare. It is possible for acts in the public interest to disadvantage given individuals and vice versa

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Referral agency

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usually a government body that is required to assess a development application and provide comment to the planning authority

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Regional plan

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outlines the planning objectives at a regional, rather than local level and operates in conjunction with other planning instruments such as planning schemes. Regional plans can have a statutory basis, meaning they prevail over planning schemes if there is a conflict

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Reserve power

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the power for state or territory government to direct or override the planning powers of local councils in certain circumstances

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Stakeholders

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those individuals, groups or organisations having an interest in a planning decision, usually those who could be positively or negatively affected

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Statutory planning

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the act of controlling land uses within an area covered by a strategic land use plan (see also strategic planning)

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Strategic land use plan

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sets out the present and future location, form, type and extent for residential, commercial, industrial and institutional land use (also known as a strategic plan or preferred urban settlement pattern)

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Strategic planning

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the act of preparing strategic land use plans and associated documents used to guide land use decisions by setting out the overall vision and policies for an area and how it should be developed

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Submission

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a written comment either supporting or objecting to a proposed development or policy

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Third party appeal rights

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non-applicant appeal rights

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Town planning

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the art and science of ordering the use of land and the character and siting of buildings and communication routes so as to secure the maximum practicable degree of economy, convenience and amenity. Other terms are also used to describe this, such as “physical planning”, “spatial planning, “urban and regional planning” and “land use planning”

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Urban design

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concerns the arrangement, appearance and functionality of towns and cities, and in particular the shaping and use of public space

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Urban settlement

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an area characterized by higher population density in comparison to areas surrounding it. Urban settlement areas may be cities or towns, but the term is not commonly extended to rural settlements such as villages and hamlets

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Zoning

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the division of a council area into defined areas with similar characteristics, particularly the type of land use (eg residential, industrial, commercial, open space). The planning scheme includes words explaining what uses are encouraged or discouraged in each zone