3 Principles and business rules 3.1 Introduction The Committee’s Terms of Reference require it to advise on: Principles and business rules for including land use terms in Clause 74. The Committee seeks feedback on the following principles and business rules that could underpin drafting land use terms: Principles: - Focus on what needs control - Use everyday terms - Don’t define everything - Avoid planning controls in definitions - Use facilitatory terms and guard against restrictive interpretations - Don’t replicate other Acts: define for Planning Schemes - Avoid general definitions in land use terms - Be clear about distinguishing features - Cater for emerging uses. Business rules: - List in Clause 74 any term that applies in a VPP zone - Only use listed terms in the ‘use’ column of zones - Allow unlisted land use terms in conditions in zones. In setting out these principles and business rules we have been mindful of the Smart Planning objectives outlined in Chapter 0. 3.2 Proposed principles This section sets out a number of proposed principles. The Committee seeks submissions on the following question: 1. Are the proposed principles appropriate? (i) Focus on what needs control Land use definitions should draw distinctions based on the anticipated impacts of the use. Land use terms are not a typology of human activities, but a tool for managing impacts to achieve planning objectives. It doesn’t matter if a land use term covers a miscellany of uses provided those uses have a common set of impacts. It is particularly important to be clear on the difference between similar land uses where they are treated are differently in land use tables. If uses are treated in the same way in land use table, there is less of need to distinguish between them. (ii) Use everyday terms It is not always possible to use everyday terms for land uses, but the aim should be to use an everyday term where possible. This often involves listing everyday terms without definition so it is clear where they fall.
Apiculture There were no submissions made in relation to this defined land use term, however, the Committee queried whether this land use term was better placed directly under Agriculture rather than being nested under Animal Husbandry. The Committee seeks submissions on the following questions: 18. Should Apiculture be removed from the nesting under Animal Husbandry and be nested directly under Agriculture? What the terms actually cover The definitions embody four different animal related activities: ‘keep’ which the Committee takes to mean keeping your own animals ‘breed’ ‘board’ look after other animals on a temporary basis for a fee ‘train’. Table 8: Animal husbandry definitions Land use term Definition Includes Included in Animal husbandry Land used to keep, breed, board, or train animals, including birds. Animal keeping Animal training Horse stables Agriculture Animal keeping Land used to: a) breed or board domestic pets; or b) keep, breed, or board racing dogs. Animal boarding Dog breeding Racing dog keeping Animal husbandry Animal boarding Land used to board domestic pets, such as boarding kennels and a cattery. Animal keeping Dog breeding Animal keeping Racing dog keeping Animal keeping Animal training Land used to train animals. Horse riding school Racing dog training Animal husbandry Horse riding school Animal training Racing dog training Animal training Horse stables Animal husbandry The definitions distinguish: farm animals in Extensive animal husbandry and Intensive animal husbandry racing dogs dogs in general domestic pets horses other animals.
Table 25: Possible change to Earth and energy resources industry Land use term Definition Includes Included in Earth and energy resources industry Land used for the exploration, removal, storage, or processing of natural earth or energy resources. It includes any activity incidental to this purpose including the construction and use of temporary accommodation. Clean fill storage Greenhouse gas sequestration Greenhouse gas sequestration exploration Geothermal energy exploration Geothermal energy extraction Mineral exploration Mineral extraction Petroleum exploration Petroleum extraction Stone exploration Stone extraction (ii) Vehicle depot Submissions sought clarification around the issue of a vehicle depot as distinct from a vehicle store. It is not clear to the Committee what the precise issue is. Table 26: Vehicle store and related definitions Land use term Definition Includes Included in Car park Land used to park motor vehicles. Store Land used to store goods, machinery, or vehicles. Boat and caravan storage Freezing and cool storage Rural store Shipping container storage Vehicle store Warehouse Vehicle store Land used to park or store vehicles in connection with a goods or passenger transport business. Store (iii) Contractors depot A number of submissions called for a definition of Contractors depot. Part of this concern was to allow for the temporary use of land as a Contractors depot. The Committee seeks submissions on the following questions: 62. Is there merit in introducing a definition of Contractors depot and allowing the temporary use of land for a Contractors depot in certain circumstance?