Archive for planning reform

Planning reform in Queensland

Updates on the Newman Government’s State planning reforms

If you’ve been active in the development space over the last few years, you may have noticed the incremental roll-out of the Newman Government’s policy and planning legislation reform, significantly changing the game for developers in Queensland.

This newsletter will chronicle the release of reforms as they are announced and as they come into force, helping distil what the changes mean for those in the industry, and what could arise out of the various shifts in focus which have been set in motion by the Newman Government.

So far we’ve seen significant changes from 2013, including the following:

  • Installment of the State Assessment and Referral Agency (SARA) and online myDAS portal;
  • State Development Assessment Provisions (SDAPs)
  • Single State Planning Policy;
  • Queensland Planning Provisions;
  • Sustainable Planning Act and Other Legislation Ammendments (SPOLA) Act 2012;
  • Environmental Protection (Greentape Reduction) and Other Legislation Amendments Act 2012; and
  • Vegetation Management Amendment Act 2013 (and self-assessable codes)

With the following milestones yet to come in 2014 and 2015:

  • Changes to infrastructure charges framework – mid 2014
  • Planning for Queensland’s Development Act (to replace the Sustainable Planning Act) – late 2014-mid 2015
  • Updating regional plans – to the end of 2014
  • Updating of local planning schemes – ongoing

All of these changes have a significant impact upon the development application process involving almost every type of conceivable type of urban land development in Queensland.

Accordingly, certain types of development activity regulated under planning or environmental legislation, which was previously unviable, may now be achievable with the effects of the reform.  Conversely, these changes may impose different or further challenges or restrictions upon land use matters in Queensland.

Time is the critical element here, and finding out where your development stands sooner rather than later could add significant advantages and save you time and money through the concept design and assessment stages.

If you would like to discuss a particular development with us, and how it’s status may change with the roll out of State legislation or policy, get in contact with our Gympie or SunshineCoast office and one of our staff will assist with your enquiry.

 

 

Lord of the Regions: Queensland’s Single State Planning Policy

 

The Newman Queensland Government’s approach to the State’s planning policy has been revealed as one of consolidation; introducing a single state planning policy (SPP) to replace the multiple policies previously in existence.  The SPP has two important roles; in guiding local governments to identify and implement state interests, and also for applicants in formulating their development proposals.

Lord of the rings

Aside from governmental functions including making or amending planning schemes or regional plans, the SPP has two important applications being for:

  • the designation of land for community infrastructure (CID) for things such as:
    • hospitals;
    • educational facilities;
    • railway facilities;
    • parks and recreational facilities; and
    • government administrative offices and works depots.
  • Assessment of a development application according to the interim development assessment requirements until the SPP is integrated into planning schemes (any scheme made after the SPP came into effect on 2 December 2013)

Some state interests have supporting mapping to assist in spatially representing policies or requirements outlined in the SPP. There is mapping for both local government plan making and development assessment purposes. This mapping is contained in the SPP Interactive Mapping System.

The SPP is set out according to five core themes, under which sixteen (16) interests are grouped.  The themes and their respective interests are the following:

1.    Liveable communities and housing

1.1. Liveable communities

1.2. Housing supply and diversity

2.    Economic Growth

2.1. Agriculture

2.2. Development and Construction

2.3. Mining and Extractive Resources

2.4. Tourism

3.    Environment and Heritage

3.1. Biodiversity

3.2. Coastal environment

3.3. Cultural Heritage

3.4. Water Quality

4.    Hazards and safety

4.1. Emissions and hazardous activities

4.2. Natural hazards

5.    Infrastructure

5.1. Energy and water supply

5.2. State transport infrastructure

5.3. Strategic airports and aviation facilities

5.4. Strategic ports

Not all of the interests listed above are relevant to development assessment, even in the interim until the SPP can be integrated into planning schemes and the interim development assessment provisions apply.  Only the following interests apply, according to how they are set out in the new interim development assessment requirements in the SPP:

  • extractive resources;
  • biodiversity in relation to a matter of state environmental significance;
  • coastal environment where on land in a coastal management district;
  • water quality;
  • natural hazards;
  • emissions and hazardous activities;
  • state transport infrastructure; and
  • strategic airports and aviation facilities.

With a number of planning schemes under review, or scheduled for review in the near future, the Single SPP along with the ever-updating Queensland Planning Provisions, and other relevant planning instruments, are sure to be cornerstones of the Newman Government’s planning legacy, as it is constructed and unfolded before our very eyes.

It remains to be seen whether the level of change from a planning framework perspective is having an effect upon the simplicity and warranted success of development applications; it should be said though that the distinctive move from ad hoc and numerous, toward consistent, consolidated and duly iterative, is a welcome directive in spite of the short term complexity it presents.