Improvements to Queensland's Planning Framework

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Consultation has concluded

The Planning Act 2016 has been in effect since 3 July 2017. In five years of operation, the planning framework under this act has been shown to be robust with few amendments being made.

Government, industry and the community have grown their knowledge of the Planning Act. There is now a body of practical application examples in planning, development assessment and case law that has identified the need for legislative review and adjustments to be undertaken.

The Queensland Government is taking action to improve the planning framework in three areas:

1. Operational amendments

A range of changes to the Planning Act and other legislation are proposed to provide for increased operational efficiency and clarity of legislation.

The changes are proposed to clarify provisions and address operational issues and around the Planning Minister’s powers and processes, changing development applications, making submissions, accessing documents and notices and applicable event provisions.

Further detail on the proposed operational changes is provided in the Improving Queensland’s planning framework – proposed amendments consultation paper.

2. Development control plans

Development Control Plans (DCPs) are historical mechanisms by which the planning intent for larger planned areas, such as suburbs or neighbourhoods, were formalised through the assessment and approval of a series of increasingly specific plans. DCPs were created in the 1990s to address deficiencies in the repealed Local Government (Planning and Environment Act) 1990 that did not allow for the formal consideration of larger or staged development. DCPs have been carried over to specific areas of three local governments, Ipswich City Council, Moreton Bay Regional Council and Sunshine Coast Regional Council, as part of their respective planning schemes. In those three areas, the DCP plan approval process (DCP process) is separate to the development assessment process under Queensland’s primary planning legislation, the Planning Act 2016 (Planning Act).

In response to a judgement of the Planning and Environment Court, changes are now required to ensure the modernised assessment system created under the Planning Act applies to development in DCP areas. Further, the government has recognised there is an opportunity to improve the assessment and referral of development applications in DCP areas.

Further detail on the proposed changes to the operation of DCPs is provided in the Supporting and improving the operation of Development Control Plans consultation paper.

3. Urban encroachment

Urban encroachment provisions for hard to locate impact generating uses (such as noise, dust, aerosols, fumes, light or smoke) have existed as part of Queensland’s planning framework since 2009. Currently, the Milton XXXX Brewery is the only registered business under the urban encroachment provisions.

The existing urban encroachment provisions seek to protect a registered, lawfully operating business from potential court proceedings for impact nuisance matters, brought by owners/occupiers in the surrounding area. The Minister for Planning assesses and decides registration applications against set requirements, including the businesses’ economic, infrastructure and heritage significance to the region or State.

The changes proposed are aimed at reducing regulatory burden and increasing business certainty once and initial registration application has been assessed and granted.

Further detail on the proposed changes to the urban encroachment provisions is provided in the Supporting regional and State significant businesses through the urban encroachment provisions in the planning framework consultation paper.

Have your say

Community members are invited to have their say on the policy intent for the Planning and Other Legislation Amendment Bill 2023.

We are seeking feedback on the range of changes proposed. You may provide feedback on some or all of the changes.

You can have your say or by making a written submission, which should:

  • be made to the Minister for State Development, Infrastructure, Local Government and Planning and Minister Assisting the Premier on Olympics Infrastructure,
  • include the name and residential or business address of each person making the submission,
  • be made in writing and, unless the submission is made electronically, be signed by each person who has made the submission,
  • be made during the consultation period from 3 April 2023 to 5 May 2023.

Submissions should be made by completing the survey questions below. Please email BestPlanning@dsdilgp.qld.gov.au with any enquiries.

The Planning Act 2016 has been in effect since 3 July 2017. In five years of operation, the planning framework under this act has been shown to be robust with few amendments being made.

Government, industry and the community have grown their knowledge of the Planning Act. There is now a body of practical application examples in planning, development assessment and case law that has identified the need for legislative review and adjustments to be undertaken.

The Queensland Government is taking action to improve the planning framework in three areas:

1. Operational amendments

A range of changes to the Planning Act and other legislation are proposed to provide for increased operational efficiency and clarity of legislation.

The changes are proposed to clarify provisions and address operational issues and around the Planning Minister’s powers and processes, changing development applications, making submissions, accessing documents and notices and applicable event provisions.

Further detail on the proposed operational changes is provided in the Improving Queensland’s planning framework – proposed amendments consultation paper.

2. Development control plans

Development Control Plans (DCPs) are historical mechanisms by which the planning intent for larger planned areas, such as suburbs or neighbourhoods, were formalised through the assessment and approval of a series of increasingly specific plans. DCPs were created in the 1990s to address deficiencies in the repealed Local Government (Planning and Environment Act) 1990 that did not allow for the formal consideration of larger or staged development. DCPs have been carried over to specific areas of three local governments, Ipswich City Council, Moreton Bay Regional Council and Sunshine Coast Regional Council, as part of their respective planning schemes. In those three areas, the DCP plan approval process (DCP process) is separate to the development assessment process under Queensland’s primary planning legislation, the Planning Act 2016 (Planning Act).

In response to a judgement of the Planning and Environment Court, changes are now required to ensure the modernised assessment system created under the Planning Act applies to development in DCP areas. Further, the government has recognised there is an opportunity to improve the assessment and referral of development applications in DCP areas.

Further detail on the proposed changes to the operation of DCPs is provided in the Supporting and improving the operation of Development Control Plans consultation paper.

3. Urban encroachment

Urban encroachment provisions for hard to locate impact generating uses (such as noise, dust, aerosols, fumes, light or smoke) have existed as part of Queensland’s planning framework since 2009. Currently, the Milton XXXX Brewery is the only registered business under the urban encroachment provisions.

The existing urban encroachment provisions seek to protect a registered, lawfully operating business from potential court proceedings for impact nuisance matters, brought by owners/occupiers in the surrounding area. The Minister for Planning assesses and decides registration applications against set requirements, including the businesses’ economic, infrastructure and heritage significance to the region or State.

The changes proposed are aimed at reducing regulatory burden and increasing business certainty once and initial registration application has been assessed and granted.

Further detail on the proposed changes to the urban encroachment provisions is provided in the Supporting regional and State significant businesses through the urban encroachment provisions in the planning framework consultation paper.

Have your say

Community members are invited to have their say on the policy intent for the Planning and Other Legislation Amendment Bill 2023.

We are seeking feedback on the range of changes proposed. You may provide feedback on some or all of the changes.

You can have your say or by making a written submission, which should:

  • be made to the Minister for State Development, Infrastructure, Local Government and Planning and Minister Assisting the Premier on Olympics Infrastructure,
  • include the name and residential or business address of each person making the submission,
  • be made in writing and, unless the submission is made electronically, be signed by each person who has made the submission,
  • be made during the consultation period from 3 April 2023 to 5 May 2023.

Submissions should be made by completing the survey questions below. Please email BestPlanning@dsdilgp.qld.gov.au with any enquiries.