A New Practice Direction 12
On 1 July 2024, version 4 of State Planning Commission Practice Direction 12 (Conditions) 2020 (Practice Direction 12) was published and commenced operation. Changes from version 3 of Practice Direction 12 are limited to two amendments to the mandatory conditions contained in Part 2.
Regulated and significant trees
The mandatory condition for applications including the killing, destruction or removal of a regulated or significant tree, has been amended to include that:
‘… replacement trees cannot … planted within 3 metres of an existing dwelling or in-ground swimming pool’
(emphasis added)
The reduction from 10 metres to 3 metres reflects amendments made to the prescribed criteria for regulated and significant trees under Planning, Development and Infrastructure (General) Regulations 2017 introduced on 16 May 2024.
Community Titles Act land division
A significantly revised mandatory condition has been introduced for land divisions under the Community Titles Act 1996 which result in the creation of more than 6 community lots. The new condition can be read side-by-side with the condition contained in version 3 of Practice Direction 12 below:
Version 3: |
Version 4: |
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Where the application involves the division of land under the Community Titles Act 1996 and it creates more than six community lots when all stages (being the subsequent division of development lots under the Community Titles Act 1996) of the development are complete. |
Construction of the common driveway (including all access points to and from the common driveway) must be completed to provide access to the community lots before the State Planning Commission issues its land division certificate under section 138 of the Planning, Development and Infrastructure Act 2016. |
Where the application involves the division of land under the Community Titles Act 1996 and it creates more than six community lots when all stages of the development are complete (including the subsequent division of development lots under the Community Titles Act 1996, if applicable). |
Council must confirm that either the common driveway (including all access points to and from the common driveway) has been constructed or that evidence of appropriate security for the construction of the common driveway has been provided before the State Planning Commission issues its land division certificate under section 138 of the Planning, Development and Infrastructure Act 2016. |
The condition is novel in so far as it purports to impose obligations upon councils.
We are currently working through the implications of this mandatory condition and seeking clarification from Planning and Land Use Services as to its intended operation.
Should you have any questions in the interim or for more specific information on any of the material contained in this article please contact Peter Psaltis on +61 8210 1297 or ppsaltis@normans.com.au or Rebecca McAulay on +61 8210 1278 or rmcaulay@normans.com.au.
