Introduction

The new Planning and Development Bill 2014 was released on Friday 1 August, by the Queensland Government.

What you need to know:

A new planning act is coming – Planning and Development Act 2014(PDA)

  • PDA will be one act in a series of other new statutory instruments resulting from Queensland’s planning reform agenda.
  • Full consultation draft Bill open for comment until 26th September 2014
  • Unlikely to be given effect before March 2015.
  • New purpose - To facilitate Queensland’s prosperity, including by balancing economic growth, environmental protection and community wellbeing.  The purpose is to be achieved by providing for an efficient, effective, transparent, integrated and accountable system for planning and development assessment.
  • Planning –
    • Process not detailed in the Act thereby making it simpler for amendments to be made and schemes updated.
    • Standard planning scheme provisions removed – no more QPP.
    • Divided into 6 parts:

                  1. Introduction;                 
                  2. State planning instruments;                 
                  3. Local planning instruments;                  
                  4. Superseded planning schemes;                   
                  5. Planning changes that adversely affect land values; and                   
                  6. Designation of land for development of infrastructure.  

  • Development Assessment –
    • New categories of development:
      Accepted (previously self-assessable);
      Assessable   – Standard (previously code)
      Merit (a hybrid of code and impact with public notification removed)
      Merit Notifiable (previously impact)
      Prohibited        
    • Decision rules not in the act.
    • De-coupling of public notification requirements.
    • Ability to elect not to receive an information request.
    • Applicant driven process not assessment manager led.
    • Changes to owner’s consent requirements.
    • Changes to amending approvals.
  • Dispute Resolution –
    • New act, “Planning and Environment Court Act 2014”.
    • Increase power of ADR Registrar to hear and determine matters.
    • Possibly the first step in a “one house” approach to rolling in Land Court, Building Tribunal and Planning and Environment Court.
    • Greater emphasis on ADR and alternate avenues for appeals and disputes resolution.
  • The Planning and Development Bill 2014