SC6.3.1 Purpose

The purpose of this planning scheme policy is to:

1. Provide guidelines for the information and format required to make Plans of development in support of a Development application. 

SC6.3.2 Application

This planning scheme policy applies to Development applications for a Material change of use or Reconfiguration of a lot where a Variation approval is sought under the Planning Act 2016. Plans of development are required where detailed planning has not been undertaken to achieve development outcomes in investigative zones such as the Emerging community and Industry investigation zones.

SC6.3.3 What is a Plan of development

A Plan of development is the preferred planning tool used to identify development outcomes on a plan, and if proposed, a planning code to achieve outcomes for a Variation approval that varies the Planning scheme under the Planning Act 2016. The Plan of development is largely influenced by the accompanying detailed planning, environmental, social and infrastructure studies and also demonstrates compliance with the Strategic framework.

The Plan of development is to demonstrate:

1. How the lot layout/design of the proposal responds to specific oppurtunities and constraints both onsite and within the surrounding locality;
2. How the lot layout/design of the proposal results in a highly integrated development/commmunity which does not result in adverse impacts to neighbouring properties or the locality;
3. How the staging of the proposal results in the timely provision of physical and social infrastructure which meets the needs to the community and does not place unreasonable economic burden on the community; and
4. How the proposed variations to the Planning scheme comply with the intent of the Strategic framework and other Planning scheme provisions to such an extent considered acceptable by the Planning scheme.

SC6.3.4 Guidlines and process for preparing a plan of development

A Plan of development should demonstrate how the proposal has responded to the various planning, urban design, engineering, environmental and social issues raised through the various Planning scheme codes. A Plan of development is informed and created through the synthesis of three components which are outlined below:

1. Contextual assessment - this is to include higher level assessment of the regional and local context and the nature of development in surrounding areas. The assessment is to inform the integration of the proposal with established areas in terms of connectivity, land use and development density. Matters to be addressed but limited to are:
   1. Strategic intent, strategic outcomes and elements of the Strategic framework that relate to the proposal and how the proposal aligns with these; and
   2. Demonstration of clear economic and community need in accordance with SC6.4.
2. Site analysis - this should identify constraints and opportunities of the development area in the form of technical studies and include but be not limited to:
   1. Key access points and road networks, including level and hierarchy;
   2. Public transport routes;
   3. Pedestrian and cyclist networks;
   4. Infrastructure and service corridors (transmission lines, water, sewer and gas pipelines);
   5. State or local places of heritage significance or matters relating to native title;
   6. Surrounding incompatible land uses (agricultural land, extractive resources, industry, community infrastructure, sensitive land uses);
   7. Open space networks (including waterways);
   8. Stormwater management infrastructure (including overland flow paths); and
   9. Environmental values and constraints (ecologically significant areas, bushfire, topography, steep land, flood natural hazard, coastal natural hazard, acid sulfate soils, land contamination.
3. Preparation of the Plan of development - should demonstrate the clear responses to components 1 and 2 and describe how the proposed planned outcome integrates these components. Matters to be addressed include but are not limited to:
   1. Proposed additions and linkages to the components found in Part 2 (road networks, public transport routes, pedestrian and cycle networks);
   2. Interface with incompatible land uses (agricultural land, extractive resources, industry, community infrastructure and sensitive land uses);
   3. Response to environmental values and constraints;
   4. Proposed landform variations (preliminary earthwork design/intent where change to ground level is proposed or where subsequent development is to utilise slope sensitive design);
   5. Lot yields, densities, Gross floor areas for each part of the site (including planned infrastructure demand arising from management lots on a standalone subdivision);
   6. Building envelopes where proposed;
   7. Details of proposed staging of the development; and
   8. End zone recommendations to be applied upon completion of the development.
   9. In some circumstances, a code that reflects the above but not limited to:
      1. Preamble as to how the code is to be read in accordance with the Planning scheme;
      2. Level of assessment for the development should the code vary the Planning scheme;
      3. Purpose and Overall outcomes for the development should the code vary the Planning Scheme; and
      4. Performance and Acceptable outcomes for the development should the code vary the Planning scheme. This may include relevant siting and design standards that deal with respective built form types, minimum lot sizes and other relevant planning outcomes.

The Plan of development should extend outside of the proposed development area to a scale necessary to demonstrate how the layout and design of the development addresses external site opportunities and constraints and contributes to an integrated community, while not negatively impacting the development of adjoining sites.

SC6.3.5 Varying codes

A Variation approval may seek to affect the Planning scheme by varying an existing code or by creating a new code. If the development seeks to vary the effect of a code identified in the Planning scheme, the proposal should include a copy of the Planning scheme code and a copy of the proposed variation to the code, with a written statement about the differences between the two codes. Any new codes or variations to codes must be drafted in a way that reflects the format and structure of codes in the Planning scheme. Council will not accept Plans of development which include codes which are drafted outside of the prescribed format of the current Planning scheme.

The Council’s preference is for a zone of the Planning scheme to be applied together with a Plan of development that may identify alternative built form or scale/intensity outcomes through alternative acceptable outcomes of Planning scheme codes. These built form variations should be accompanied by the appropriate urban design documentation including building typologies, 3D photomontages and massing plans.

Codes should not introduce building code matters that are outside of the scope of the Planning scheme or introduce new regulation for design elements of Dwelling houses that the Planning scheme currently does not regulate. For example, fences, energy efficiency, mail box design, colours of the house, roof or fence etc. or building appearance/materials

New land uses undefined by the Planning scheme cannot be introduced.

SC6.3.6 Varying categories of development and assessment

If the proposal seeks to vary the category of development and assessment identified in the Planning scheme, the proposal must include a copy of the provisions of the Planning scheme that prescribe the category of development and assessment and a copy of the proposed category of development and assessment table. This is accompanied with a written statement of the differences between the two documents. Any new category of development and assessment tables, or variations to existing tables, must be drafted in a way that reflects the format and structure of level of assessment tables in the Planning scheme.