Development & Planning Amendment Act 2022

Deputy Premier and Ministry of Home Affairs Walter Roban tabled the Development and Planning Amendment Act 2022 un the House of Assembly on Friday [Nov 18].

The Minister’s full statement follows below:

Mr. Speaker, today I am tabling the Bill entitled: the Development and Planning Amendment Act 2022 [“the Bill”]. This Bill proposes to amend section 14 of the Development and Planning Act 1974 [“the Act”] to allow an Order made under section 14[2][f] of the Act [i.e., a use classes order] to be subject to the negative resolution procedure. The Bill will also revoke the Development and Planning [Use Classes] Order 1975 [“the 1975 Order”]. The proposed amendment to section 14 of the Act will allow for an expedited legislative process which provides the flexibility to make new use classes orders or any future changes to any such orders, where required.

Mr. Speaker, the 1975 Order was last amended in 1984 and is therefore extremely out of date relative to current typical uses of buildings.

Mr. Speaker, the new Draft Development and Planning [Use Classes] Order 2022 [“the 2022 Order”] intends to provide an updated and more appropriate classification of uses of land and buildings. The 2022 Order also provides clarity and appropriate differentiation between various types of uses and allows for certain changes of use to be made without requiring the submission of a planning application. For example, under the 2022 Order, a real estate office could be changed to a bank or doctor’s office without the need to apply for planning permission. The 2022 Order also represents a necessary first step for further future changes. A future change currently being developed will allow for ‘permitted changes of use’ to be introduced wherein planning permission will not be required to change between Classes in certain limited instances.

Mr. Speaker, the 2022 Order is also critical to future work of the Department of Planning on formulating planning policies to shape land use across the Island, including the City of Hamilton. To this end, it is anticipated that the City of Hamilton Plan 2022 Consultative Draft will be published following the approval of the 2022 Order. With this upcoming draft in mind, for example, under the forthcoming amendments to the Development and Planning [General Development] Order 1999 [“the 1999 Order”], a restaurant in the City of Hamilton could be changed to a shop without the need to apply for planning permission

Mr. Speaker, to summarise, the Development and Planning Amendment Bill 2022 and associated Orders are critical to the development of future planning policy and the ongoing streamlining measures of the Department of Planning. The approval of, and amendments to, future use classes orders via the negative resolution procedure is an efficiency in itself whilst the 2022 Order will allow for certain changes of use to occur without the need for planning permission, which will be further facilitated by the amendments to the 1999 Order.

Mr. Speaker, the 2022 Order is not being tabled as it will become subject to the negative resolution on the passing of the Bill. However, with your permission, I intend to circulate the 2022 Order to Honourable Members to reference when we are debating this Bill.

Thank you, Mr. Speaker.

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