The Queensland Government is currently reviewing its
planning policy to reflect state interests.
As part of delivering a new planning system through the Planning
Act 2016, which will commence in 2017, the Queensland Government is
currently conducting a planning policy review of:
the State Planning Policy (SPP);
the State Development Assessment Provisions
the new Planning Regulation.
The result of this review is fairly extensive changes to the
instruments, which are all now open for public consultation until
10 February 2017.
These changes are to ensure that the new planning system is as
efficient as possible and reflects the government's priorities,
which include: affordable and social housing, climate change
(including planning for renewable energy), coastal planning,
cultural heritage, urban design, transport and infrastructure, and
economic growth. These priorities form the basis of the 17
"state interests" which have been incorporated into the
State Planning Policy
The SPP is the pre-eminent state planning instrument. Its
primary purpose is to guide local governments in preparing and
amending their planning schemes, to ensure that matters of
significance to the State are considered and that plans to support
these interests are implemented.
The proposed changes are intended to ensure that the SPP will be
relevant for development assessment in situations where a council
planning scheme does not appropriately integrate the SPP. In order
to facilitate this, 17 state interests in land use, planning and
development have been identified and incorporated into the SPP, and
are to be considered in the context of the amended guiding
principles expressed in Part C.
Some of the key changes are:
a new state interest has been included to ensure better
alignment of land use planning and infrastructure planning;
better protection of key extractive resource areas;
greater focus on affordability of housing; and
express protection of the Great Barrier Reef Catchment.
State Development Assessment Provisions
The SDAP is a statutory planning instrument that defines the
State's interests in development assessment and contains
matters that the chief executive of the Department of
Infrastructure, Local Government and Planning, through the State
Assessment and Referral Agency, must consider when assessing a
development application (as either assessment manager or referral
The SDAP is structured in a performance based code format,
whereby applicants can address performance criteria to demonstrate
that a development appropriately manages any impacts on a matter of
state interest, and/or protects a development from impacts of
matters of state interest.
In addition to ensuring consistency across the drafting of the
state-wide codes, the proposed changes aim to improve the structure
and ease of application. There are also a number of changes to
policy, which include:
a new code relating to urban design outcomes for significant
new provisions relating to development in proximity to railways
including vibration emissions, collision protection and throw
revisions to the coastal development and tidal works code to
provide more comprehensive criteria to acknowledge climate
revisions to the cultural heritage code to provide for a
broader range of assessment criteria;
policy and terminology change from "major hazard
facilities" to "hazardous chemical facilities" which
expands the role of the state for these types of facilities;
refining the assessment of unexploded ordnance to only those
sites identified as having "substantial" potential.
The Planning Regulation is be the key piece of subordinate
legislation and as a result of the review, a number of key
improvements have been proposed. These include changes to:
refine referral triggers, notably, in relation to: urban
design, state transport corridors, coastal development and Brisbane
core port land;
consolidate the state's planning regulatory requirements
(eg. statewide codes); and
refine the development assessment roles between local and state
How you can be involved in the planning policy review
Fact sheets and copies of the draft instruments can be
downloaded from the
Queensland Government Planning Reform website. The changes will
continue to be refined and are expected come into effect with the
commencement of the Planning Act 2016.
Submissions need to be made by 5pm on February 10,
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
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