The Moreton Bay Regional Council Planning Scheme (MBRC
Planning Scheme) commenced on 1 February 2016. The area is one of
the fastest growing local government areas in Australia, and the
new scheme aims to provide a consistent and integrated approach to
It is the first uniform planning scheme for the area since
council amalgamations in 2008, and supersedes the Caboolture Shire
Plan, Pine Rivers Plan and Redcliffe City Planning Scheme.
The imposition of a new scheme will result in some new
applications having to meet different assessment criteria than
applied under previous schemes. This means that, under the new
planning scheme, some applications may now be code assessable and
no longer subject to the impact assessment process, which can be
expensive and time consuming.
Those considering making a development application should
consider whether the superseded planning scheme or the new planning
scheme will facilitate a more streamlined application process.
This is because under the Sustainable Planning Act 2009
(Qld), Council has the discretion to consider requests for
development to be assessed under a superseded scheme, provided the
request is made within 12 months of the new planning scheme taking
effect. This means that any request for development to be assessed
under the superseded scheme must be lodged with Council by 31
Existing development approvals or plans are not affected by the
MBRC Planning Scheme. However, if any change to intensity or scale
is proposed, an application may be required under the new planning
Winner – EOWA Employer of Choice for Women Citation 2009,
2010, 2011 and 2012
Winner – ALB Gold Employer of Choice 2011 and 2012
Finalist – ALB Australasian Law Awards 2008, 2010, 2011 and
2012 (Best Brisbane Firm)
Winner – BRW Client Choice Awards 2009 and 2010 - Best
Australian Law Firm (revenue less than $50m)
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Warranties can be risk-shifting mechanisms when the party giving the warranty is not the party at fault for the defect.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).