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.
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.