After an emergency from a natural event such as a bushfire, flood or windstorm, Clause 52.10 in Planning Schemes provided an exemption that allowed rebuilds for the continued use of land within a 5 year period. After the horrendous bushfires in 2019-2020 communities are still rebuilding and their planning exemptions were starting to expire from 31 December 2024.
In order to relieve pressure communities are facing from increased expense and timelines for rebuilding, not to mention the social and community stress, a simple yet significant amendment has been made to extend rebuild times for landowners to 7 years.
The purpose of clause 52.10 is to facilitate reconstruction of buildings and the re-establishment of businesses and services after an emergency. Beyond the extended timeline, the benefit that this amendment provides is it reduces resource and administrative costs of responsible authorities by exempting certain types of use and development from requirements of the planning scheme and the third party notice and review requirements of the Act.
The amendment also supports the following Planning Policy Framework objectives and strategies:
- Clause 11 (Settlement) – The amendment supports existing settlement patterns and takes advantage of available investment in infrastructure and services.
- Clause 13 (Environmental Risk and Amenity) – The re-establishment of dwellings, businesses and services are not exempt from the usual planning scheme requirements relating to climate change, environmental risk and amenity.
- Clause 17 (Economic Development) – The amendment contributes to the local economy by supporting the reestablishment of businesses and services.
This amendment will also support community building efforts resulting from future natural events that are becoming more frequent.