Planning Amendment Regulation (No. 2) 2024

1Short title

This regulation may be cited as the Planning Amendment Regulation (No. 2) 2024.

2Commencement

This regulation commences on 20 December 2024.

3Regulation amended

This regulation amends the Planning Regulation 2017.

4Amendment of sch 2 (Zones for local planning instruments)

Schedule 2, entry for community facilities zone, column 2, from ‘provide’—
omit, insert—

provide for—

(a)community-related uses, activities and facilities, whether publicly or privately owned, including, for example—

(i)educational establishments; and

(ii)hospitals; and

(iii)transport and telecommunication networks; and

(iv)utility installations; and

(b)residential uses, if all of the dwellings for the residential use, other than caretaker’s accommodation, are—

(i)an affordable housing component; and

(ii)either on land—

(A)associated with a community activity comprised of a community care centre, a place of worship or a residential care facility; or

(B)owned, controlled or managed by an entity that carries out a community activity comprised of a community care centre, a place of worship or a residential care facility.

5Amendment of sch 5 (Infrastructure)

Schedule 5, part 2, item 16, after ‘registered provider’—
insert—

or a registered entity under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth)

6Amendment of sch 6 (Development local categorising instrument is prohibited from stating is assessable development)

Schedule 6, after section 7C—
insert—

7DMaterial change of use for particular dwelling houses

(1)A material change of use of premises for a dwelling house if—

(a)the premises are in—

(i)a community facilities zone stated in schedule 2; or

(ii)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in subparagraph (i); and

(b)the material change of use involves an existing dwelling, including, for example, a presbytery or caretaker’s accommodation, on the premises; and

(c)the material change of use—

(i)does not involve the carrying out of building work; or

(ii)involves the carrying out of minor building work only; and

(d)either—

(i)none of the following overlays apply to the premises—

(A)an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards;

(B)an overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination;

(C)an overlay about development of a local heritage place; or

(ii)an overlay mentioned in subparagraph (i) applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.

(2)In this section a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.