The triggers for assessment of development that may
impact on listed heritage places in Queensland have been
Development that is a material change of use of premises
(MCU) on a heritage place or on a lot that adjoins
a Queensland heritage place is now assessable development under the
Sustainable Planning Act 2009 (Qld) unless a specific exclusion
Development which falls within the scope of the new heritage
assessment trigger will be assessed against the relevant provisions
of the State Development Assessment Provisions
(SDAP) and the chief executive administering SPA
will act as a concurrence agency.
Purpose of heritage trigger amendment
Prior to August 2012, referral to the State as an advice agency
was required for development applications involving an MCU or
Reconfiguration of a Lot on land adjoining a Queensland heritage
place. This trigger has now been reinstated for an MCU.
The new trigger applies to development that is a material change
of use of premises on a heritage place or on a lot that adjoins a
Queensland heritage place, however it will not apply to excluded
MCUs or development within Priority Development Areas
(PDA) (referred to as PDA-related
An "excluded MCU" means an MCU:
if the premises adjoins an archaeological State heritage place
within the meaning of the Queensland Heritage Act 1992; or
that is for:
a dwelling house more than 25m from the boundary of a lot that
is or contains a Queensland heritage place; or
any use more than 75m from the boundary of a lot that is or
contains a Queensland heritage place; or
that involves single storey buildings or structures only;
orthat does not involve building work, other than:
the internal alteration of existing buildings or structures;
minor building work that is the external alteration of existing
buildings or structures.
As a consequence of the amendment to the SP Regulation,
amendments of the SDAP were made. The purpose of the relevant part
of SDAP has been changed to regulate development on and adjoining a
State heritage place to:
conserve cultural heritage significance for the benefit of the
community and future generations;
minimise or mitigate unavoidable impacts on cultural heritage
maintain or enhance the setting and streetscape adjoining the
State heritage place, and views to and from the State heritage
place, where these aspects form part of its cultural heritage
What does this mean for development which is the subject of
If you are proposing to develop land on or adjoining a
Queensland heritage place by way of an MCU, the chief executive
must also assess the development application against the SDAP and
approve the development. Therefore, a heritage impact report will
likely be required to accompany the development application.
If you own a Queensland heritage place, the impact of adjoining
development for an MCU (other than for excluded development) on the
heritage values of that place will need to be assessed before the
development can be approved.
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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Whilst option to purchase clauses are more in commercial properties, they are now being included in residential leases.
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