On 3 July 2017, the new Planning Act 2016 (Qld) came into effect and the Sustainable Planning Act 2009 (Qld) (SPA) was repealed.
Only time will tell whether the new Act lives up to the Queensland Government’s expectation of establishing a better planning system for all stakeholders.
Fortunately, a number of familiar concepts that existed in the SPA remain in the new Act, albeit with new names. That said, there are some fundamental changes to the decision rules for development assessment, currency periods, assessing changes to development approvals and the costs provisions. The presumption that each party bears its own costs in a Planning and Environment Court proceeding has returned.
It is important to be aware of the transitional provisions in the new Act that outline how elements under the SPA will transition from 3 July 2017.