A temporary local planning instrument can override the
provisions of a planning scheme for a limited period.
Jackie Trad MP has indicated there will be a change to
temporary local planning instruments which would allow them to come
into effect prior to consideration by the State.
This change will need to be considered carefully as it may not
be beneficial in every situation.
The untimely approval of demolition of a pre-1900 home in
Highgate Hill last month has raised the need for temporary local
planning instruments (TLPIs) to take effect
immediately following proposal by a local government.
The TLPI that was put in place to protect the dwelling, and
others in Highgate Hill, was still under consideration by the State
when a permit for its demolition was issued by a private
The Honourable Jackie Trad MP, Deputy Premier and Minister for
Infrastructure, Local Government and Planning, has recently
indicated that this type of occurrence highlights the need to give
TLPIs interim force and effect once they are proposed by council.
This would ensure the swift protection of local government areas
immediately following TLPIs being proposed.
Ms Trad indicated that she has ensured this change is a feature
of the government's current planning bills that are to be
considered in Parliament this week.
What is a temporary local planning instrument?
Under the provisions of the Sustainable Planning Act
2009 (Qld), a TLPI is a statutory instrument created by a
local government that aims to protect all or part of a planning
scheme area from adverse impacts.
Currently, a TLPI can either suspend or otherwise affect the
operation of a planning scheme for up to one year. It is seen as an
interim solution to protect matters of regional significance,
pending a permanent change to the planning scheme.
A TLPI may change the level of assessment for development in the
area covered by the TLPI, including prohibiting certain
How are temporary local planning instruments made?
TLPIs must be prepared by the local government then progressed
to the Minister for consideration before coming into effect.
The Minister must be satisfied that:
there is a significant risk of serious environmental harm to
the identified planning scheme area or serious cultural, economic
or social conditions occurring in the area
any delay in using the normal planning scheme amendment process
would increase risks
state interests would not be harmfully affected by the
the proposed TLPI appropriately affects the standard planning
The local government must then formally decide whether to adopt
the TLPI and publicly notify it. This process can take up to three
What is the proposed change?
According to Ms Trad, the proposed change would allow an interim
TLPI to take effect immediately after being proposed by council.
This change would give TLPIs provisional force prior to State
approval being granted.
What practical implications will the change have?
The proposed change may be advantageous in circumstances where
instant implementation of TLPIs is essential. However, there will
likely be scenarios where the change may be unsuitable.
Such a change may no doubt have been beneficial in the Brisbane
City Council's response to the 2011 floods. This would have
allowed a very fast response to an emergency situation in terms of
changed building requirements in flood-affected areas.
A change of this type may not have been appropriate in the 2014
TLPI adopted by the Sunshine Coast Regional Council to override
Maroochy Plan 2000 for development of the Sippy Downs Town Centre.
In that scenario, development may have been able to be started
prior to the consideration of State interests.
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.
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