The Queensland Government passed the Sustainable Planning
Amendment Regulation (No. 1) 2013 on 15 March 2013,
introducing a range of changes to the Sustainable Planning
Regulation 2009 to improve the efficiency of the State's
integrated development assessment system.
The changes are part of the Newman Government's broader
policy objective to streamline and integrate development assessment
processes and reduce the regulatory burden on the property and
The changes will see the number of schedules in the Sustainable
Planning Regulation reduced by seven, and are estimated to reduce
the number of referrals to the State by about 1000 per year,
freeing up State resources and easing the time and cost
implications felt by the development industry.
Partner Sarah Persijn and solicitor Thomas Buckley outline the
key changes introduced.
The changes introduced by the Sustainable Planning Amendment
removing and simplifying various State transport referral
triggers for development applications;
standardising public notification periods for most development
applications to 15 business days; and
removing provisions related to the requirement for evidence of
resource allocation or entitlement for development applications
involving a State resource.
Changing State referral triggers
The changes to the various State transport referral triggers aim
to simplify the involvement of the State in the development
assessment process. Triggers for referring development applications
to the Department of Transport and Main Roads (DTMR) near an
existing transport corridor or future railway corridor have been
standardised to a distance of 25 m (previously up to 100
m).1 Additionally, all development applications within a
distance of 50 m of a transport tunnel will trigger the inclusion
of DTMR as a concurrence agency.
Development involving building work that encroaches into the
airspace of an airport will only trigger DTMR referrals if the
building work is at least 12 m high.
Importantly, schedules 9 to 13 of the Sustainable Planning
Regulation have been replaced with a single schedule (Schedule
9 - Development impacting on State transport infrastructure and
thresholds), consolidating the threshold triggers for all
modes of transport-related development applications involving a
material change of use premises, reconfiguring of a lot and
Standardising public notification periods
Under the changes, almost all development applications that
require public notification will now only have to undertake public
notification for 15 business days. This is a significant change for
those development applications that were previously required to
undertake public notification for 30 business days, such as those
for large outdoor sport and recreation facilities, tourist resorts,
and proposed developments sharing a boundary with a heritage place,
wet tropics area or fish habitat area.
However, there are certain development applications that still
require a 30 business day notification period (for example,
development applications for a preliminary approval overriding the
local planning instrument).
Removing provisions related to State
As a result of amendments made to the Sustainable Planning
Act 2009 in November 2012, the Sustainable Planning Regulation
will be amended to remove all provisions relating to the
requirement for evidence of resource allocation or entitlement for
development applications involving a State resource.
1 Note that development on land that is 5000
m˛ or more triggers DTMR if any part of the land is within 400
m of an existing or future public passenger transport
Many retail leases include a covenant to trade, requiring the tenant to open the premises for trade during certain hours.
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