Brisbane City Plan 2014 commenced on 30 June 2014,
replacing Brisbane City Plan 2000. Brisbane City Plan 2014
contains a number of notable changes from its predecessor. In this
alert, Partner James Ireland and Associate Olivia Williamson
explain the importance for Brisbane land owners to consider at this
time whether the development potential of the land has been
affected by the Brisbane City Plan 2014.
If the development potential of land is less advantageous under
Brisbane City Plan 2014 (when compared to Brisbane
City Plan 2000), consideration should be given to making a
request to the Brisbane City Council to apply the superseded
planning scheme, Brisbane City Plan 2000.
Any request to the Brisbane City Council to apply the
superseded planning scheme must be made on or before 30
The making of a request to apply the superseded planning scheme
is an essential pre-requisite to the ability to claim any
compensation in circumstances where the Brisbane City Plan
2014 reduces the value of the interest in land.
Owners of land in Brisbane should give consideration as to
whether the development potential of the land pursuant to
Brisbane City Plan 2014 has changed from that under the
Brisbane City Plan 2000.
If the development potential of the land is now less
advantageous under Brisbane City Plan 2014, there is a
form of protection found in section 95 of the Sustainable
Planning Act 2009 (SPA) which allows a
request to be made to the Council to apply the superseded planning
scheme to the carrying out of assessable development.
There are however limits around requesting the application of a
superseded planning scheme, including:
The notice must be given to the local government within one
year after the day the planning scheme creating the superseded
planning scheme takes effect. In respect of Brisbane City Plan
2014, any request must be made on or before 30 June
Various procedural requirements are detailed in section 95,
including the need for the request to be in the approved form, be
accompanied by the relevant fee and contain a description of the
The relevant timeframes for processing a request for application
of a superseded planning scheme are set out in section 96 of the
the local government must decide to agree to the request, or
refuse the request, within 30 business days after receiving the
the decision period can be extended by a further 10 business
days (as long as notice of the extension is given within the
original decision period); and
the local government and the applicant can agree to further
extend the decision period.
If the local government does not decide the request within the
relevant timeframe specified, the local government is taken to have
decided to agree to the request.
If the Council refuses a request to apply the superseded
planning scheme, then the relevant provisions in the SPA relating
to the claiming of compensation become relevant. Importantly
however, the making of a request to apply the superseded planning
scheme is the first, and essential, pre-requisite to the ability to
claim any compensation in circumstances where the Brisbane City
Plan 2014 reduces the value of the interest in land.
The Council announced planning policies to encourage more inner suburban retirement village and aged care development.
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