1Short titleThis regulation may be cited as the Planning (Walkable Neighbourhoods) Amendment Regulation 2020.2CommencementThis regulation commences on 28 September 2020.3Regulation amendedThis regulation amends the Planning Regulation 2017.4Amendment of s 17 (Assessment benchmarks that local categorising instruments may not be inconsistent with—Act, s 43)Section 17(a)—omit, insert—

(a)an assessment benchmark stated in schedule 11 or 12A;

5Amendment of sch 10 (Development assessment)Schedule 10, part 14, division 2, table 1, item 2, column 2, after ‘the development’—insert—For reconfiguring a lot that schedule 12A applies to—the assessment benchmarks prescribed in schedule 12A for the development6Insertion of new sch 12AAfter schedule 12—insert—Schedule 12A Assessment benchmarks for particular reconfiguring a lotschedule 10, part 14Part 1Preliminary1Application of schedule(1)This schedule applies to reconfiguring a lot if—

(a)the reconfiguration is the subdivision of the lot into 2 or more lots (each a created lot); and

(b)the lot being reconfigured is wholly or partly in a prescribed zone under a local instrument applying to the lot; and

(c)no part of the lot being reconfigured is in either of the following zones under a local instrument applying to the lot—

(i)a rural residential zone stated in schedule 2;

(ii)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone mentioned in subparagraph (i); and

(d)at least 1 created lot is intended mainly for a residential purpose; and

(e)the reconfiguration is associated with the construction or extension of a road.

(2)In this section—prescribed zone means—

(a)any of the following zones stated in schedule 2—

(i)general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;

(ii)emerging community zone;

(iii)mixed use zone; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone mentioned in paragraph (a).

2Definitions for scheduleIn this schedule—block, in relation to reconfiguring a lot, means an area consisting of 2 or more adjacent created lots for the reconfiguration.created lot see section 1(1)(a).local assessment benchmark, for reconfiguring a lot, means an assessment benchmark for the reconfiguration stated in a local categorising instrument applying to the lot.new road, in relation to reconfiguring a lot, means—

(a)a road constructed in association with the reconfiguration; or

(b)the extended part of a road that is extended in association with the reconfiguration.

road does not include—

(a)a laneway; or

(b)a pedestrian or bicycle path.

Part 2Assessment benchmarks3Purpose of part(1)This part sets out assessment benchmarks for reconfiguring a lot to which this schedule applies.(2)The purpose of this part is to ensure the reconfiguration supports convenient and comfortable walking for transport, recreation, leisure and exercise in the locality of the lot.4ConnectivityThe reconfiguration provides connectivity for pedestrians by—

(a)ensuring that any roads constructed or extended in association with the reconfiguration are connected in a grid-like pattern that is responsive to topography and other physical constraints; and

(b)ensuring that, to the extent topography and other physical constraints reasonably permit, any roads constructed or extended in association with the reconfiguration, or footpaths provided in relation to the reconfiguration—

(i)connect to roads and footpaths in surrounding areas; or

(ii)allow for connection to future roads and footpaths in surrounding areas.

5Maximum length of particular blocks(1)The reconfiguration provides for convenient pedestrian movement by ensuring the length of each boundary of a block for the reconfiguration does not exceed the lesser of—

(a)a maximum length for a boundary of a block stated in a local assessment benchmark for the reconfiguration; or

(b)250m.

(2)Subsection (1) does not apply in relation to a block for the reconfiguration that the development application for the reconfiguration states will be subdivided as part of a future stage of development.6Street treesThe reconfiguration provides shade for comfortable walking by—

(a)if a local assessment benchmark for the reconfiguration requires the planting of more than 1 tree per 15m on each side of a new road—complying with the local assessment benchmark; or

(b)otherwise—ensuring at least 1 tree is planted per 15m on each side of a new road.

7FootpathsThe reconfiguration provides for convenient and comfortable pedestrian movement by ensuring—

(a)for a new road used mainly for providing direct access to a created lot—a footpath is constructed—

(i)if a local assessment benchmark for the reconfiguration requires the construction of a footpath on both sides of the new road—on both sides of the road; or

(ii)otherwise—on at least 1 side of the new road; or

(b)for another new road—a footpath is constructed on both sides of the road.

8Parks and other areas of open space(1)The reconfiguration ensures access to areas for recreation, leisure or exercise by ensuring that, to the extent topography and other physical constraints reasonably permit, a part of each block for the reconfiguration is within 400m of a park or another area of open space that is accessible to the public.(2)In this section—park includes—

(a)an existing park; and

(b)a park, to be provided under a development approval, if development of the park has started; and

(c)land identified as a park in a local planning instrument; and

(d)land identified in an LGIP for public park infrastructure.

Part 3Relationship with other assessment benchmarks9When local assessment benchmarks are not inconsistent with pt 2(1)This section applies if a local assessment benchmark for the reconfiguration is in relation to the purpose mentioned in section 3(2).(2)The local assessment benchmark is not inconsistent with an assessment benchmark under part 2 to the extent the local assessment benchmark contains extra requirements for the reconfiguration.7Amendment of sch 24 (Dictionary)(1)Schedule 24, definition created lot—omit.(2)Schedule 24—insert—block, in relation to reconfiguring a lot, for schedule 12A, see schedule 12A, section 2.created lot—

(a)for schedule 12—see schedule 12, section 1(1)(b); or

(b)for schedule 12A—see schedule 12A, section 1(1)(a).

local assessment benchmark, for reconfiguring a lot, for schedule 12A, see schedule 12A, section 2.new road, in relation to reconfiguring a lot, for schedule 12A, see schedule 12A, section 2.road, for schedule 12A, see schedule 12A, section 2.