Terms of Reference – Draft Amendment 01-2021 of the State Planning Provisions.

It is important that the State Planning Provisions (SPPs) are kept under regular review to ensure the intended planning outcomes are being delivered.

With the SPPs currently in effect in several municipalities, further amendments of the SPPs have been identified which can be managed through the minor amendment process under the Land Use Planning and Approvals Act 1993 (the LUPA Act).

Minor amendments have been identified by a range of stakeholders, including submissions made on draft Planning Directive No. 8 – Exemptions, Application Requirements, Special Provisions and Zone Provisions (which is currently in effect as Interim Planning Directive No. 4). There is also the opportunity to align the SPPs with Planning Directive No. 7 – Permits for Temporary Housing, and updated legislation and Australian Standards.

The Minister for Local Government and Planning is required to issue Terms of Reference for proposed minor amendments of the SPPs:

The proposed draft amendment is to make any necessary amendments to the SPPs that are capable of meeting the criteria for minor amendments of the SPPs under section 30NA(1) of the LUPA Act, specifically for the following purposes:

  • correcting a clerical mistake, an error arising from any accidental slip or omission, an evident miscalculation of figures, or an evident material mistake, in a provision of the SPPs;
  • clarifying the SPPs;
  • removing an inconsistency in the SPPs;
  • removing an inconsistency between the SPPs and another Act; and
  • bringing the SPPs into conformity with Planning Directive No. 7 which the Minister has determined should be reflected in the SPPs.