Don't throw away the old scheme just yet! It is possible to use provisions of a superseded scheme for up to 12 months after the new one commences. (A superseded planning scheme includes the scheme or policies that have been amended or replaced.) The Planning Act 2016 allows you to request that a Council apply its 'superseded planning scheme'. Here are some situations:
- under the superseded scheme my project was accepted development, but is now code assessable or impact assessable: you can request the Council to apply the superseded provisions so you can carry out the development without a development approval;
- under the superseded scheme my development was code assessable, but now it is impact assessable: you can request that the Council apply the superseded scheme so that only code assessment is required; or,
- under the superseded scheme my development was subject to certain code provisions and these are more favourable than the new planning scheme: you can request that Council use the provisions of the superseded scheme to assess the application.
It is necessary to make a formal request to the Council under section 29 of the Planning Act 2016. Council then has up to 30 business days to decide whether to apply the superseded scheme to the development or to use the new planning scheme. A development application may still be necessary after that decision.
An "affected owner" (a person with an interest in premises) is entitled to be paid reasonable compensation by a local government in certain situations where a change to the scheme reduces the value of the interest. (See the Planning Act 2016 Chapter 2 Part 4, Division 2 Compensation.)