Developers who have a rezoning bid rejected by a council will find it harder to have the decision overturned.
Planning Minister Rob Stokes announced the Pre-Gateway review process would be replaced with an independent assessment in which there would be a presumption against rezoning unless there was a compelling reason for change.
Mr Stokes said the process would be ‘‘simpler, faster and clearer’’ and would ‘‘stop the revolving door of planning proposals going back and forth between councils and the community’’.
“We’ve listened to community concerns about unexpected rezonings undermining confidence in local planning,’’ he said.
‘‘That’s why will reform the process of reviewing a council’s decision with a presumption against rezoning unless there is a compelling reason for change.’’
Mr Stokes said, while it was appropriate for council decisions to be tested before an independent panel, the system needed to be transparent and balanced.
He said the present process allowed a review where a council refused, or failed to respond to, an application to amend local planning rules.
Mr Stokes said changes would include:
- Strengthening the test for the review of an existing zoning to ensure rezonings only proceeded where they exhibited clear strategic merit.
- Review requests to the Department of Planning would be referred to Joint Regional Planning Panels or the Planning Assessment Commission within three days.
- Ensuring the council was aware a rezoning request has been sent to the Department within five days of receipt.
- Increasing the independence of the process by the panel or the commission carrying out the assessment and determining the rezoning.
- Making the panel or commission the relevant planning authority where a council refused a request to fill that role, or did not respond to the request within 42 days.
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