In response to the State of Emergency due to COVID-19, the State Government has issued a Notice of Exemption covering a range of temporary exemptions for certain approvals and requirements under Local Planning Scheme No. 6.
The rules are designed to provide flexible responses to a changing crisis environment and help support businesses, as well as guarantee the provision of essential community services during this time. These exemptions are temporary and will only remain in effect until 90 days after the end of the State of Emergency. You may need planning approval to continue an exempted land use after this period is over.
The Notice of Exemption provides detail of each exemption, including a requirement to notify the City in writing should you wish to undertake one of the exempted uses. You can contact the City’s duty planner on 9364 0666 or via email at email@example.com if you need to confirm how these exemptions impact you.
What is exempt from development approval?
The exemption notice removes the need for businesses to gain development approval for certain land uses prior to beginning operations. This includes home offices and home business. The exemption also removes the need for businesses to provide additional car parking, pay cash in lieu where there is a parking shortfall or for existing food premises to begin serving food by takeaway.
The exemption notice also removes restrictions on the delivery of goods and petroleum products and extends the expiry date of approved developments by two years.
For a full list read the Notice of Exemption.
Do I have to notify you if I’m covered by an exemption?
The notice requires proponents to notify the relevant local government of a use that is commencing and/or if temporary works are being undertaken within 7 days of the use commencing and/or the works being undertaken.
If you are a proponent wishing to notify the City of a use that is commencing and/or if temporary works are being undertaken, under the conditions of the notice, please notify the City via email to firstname.lastname@example.org
What information do I need to provide in my notice to you?
In your notification to the City, please provide the following information:
- Your name, property address and contact details, including telephone number, postal address and email address, so that we can record the correspondence and contact you in future
- The relevant clause in the Minister’s notice that you are referring to for the purpose of planning exemption/s
- The description and location of the temporary use and/or works, so that we can review this against any other permits or applications submitted to the City in relation to the temporary use and/or works. Although the use and/or works may be temporarily exempt from requiring development approval, other permits or approvals may be required.
- The City will aim to provide you a written response within 7 days of the date of your notification.
Do I have to notify my neighbours?
Changes that result from the Notice of Exemption may impact neighbours. For example, some businesses can now operate within residential areas.
The City encourages business owners/operators to notify adjoining neighbours about any relevant changes to their residence, and intention to operate a business, to avoid any misunderstanding or negative response.
The Department of Planning, Lands and Heritage has prepared draft letters that can be adapted to suit individual circumstances to assist with this communication. Please refer to their website for more information
How long does the temporary exemption period last?
These exemptions will remain in effect until 90 days after the end of the State of Emergency. At the end of this timeframe, if you wish to continue to operate the temporary use and/or wish for the temporary works to remain as constructed, development approval will be required to be obtained. It is the proponent’s responsibility to ensure that all necessary approvals are obtained.
If you have notified the City to utilise the exemptions in the notice, the City intends to contact you as a courtesy at the end of the State of Emergency period to remind you of the requirement to cease operation and/or remove the temporary works or to obtain the necessary approvals.