Sustainable Planning Act 2009

24 September 2009

The Sustainable Planning Act 2009 (SPA) was passed by Parliament on 16 September 2009 with minimal changes to the Bill. Although a commencement date has yet to be confirmed, it is anticipated that it will be before the end of the year. Partner Anthony O'Dwyer looks at what was changed and outlines what to expect in the near future.

One of the more noteworthy amendments is the correction of the section relating to making changes to a development application in response to information requests. The Bill proposed that the ability to make changes in response to an information request be limited to changes made during or after public notification. The amendment removes the time constraints on making changes in response to information requests and submissions.

Transitioning from Integrated Planning Act (IPA) to SPA

Until SPA commences, IPA continues to have effect and so there are no changes to any existing processes at this stage. All processes started under IPA can be completed under IPA; development approvals given under IPA will continue to have effect under SPA.

To assist the community to prepare for the commencement of SPA, the Department of Infrastructure and Planning is planning to deliver SPA and QPlan training and workshops in regional centres across Queensland, and have further consultations on the draft Queensland Planning Provisions.

Some of the key changes contained within the Sustainable Planning Act 2009 include:

a clarification of the hierarchy of planning documents;
the re-introduction of prohibited development;
changes to the tests for both code and impact assessable development;
creation of a new level of assessment – ‘compliance assessment’;
the introduction of ‘revival’ periods for development applications that lapse;
deemed approvals for certain code assessable applications;
expanded jurisdiction for the Building and Development Dispute Resolution Committee; and
changes to the development application (superseded planning scheme) requirements and compensation regime.

The Government has stated that the Sustainable Planning Regulations will also undergo an extensive stakeholder engagement process over the next few months.

For further information, please contact:

Anthony O'Dwyer | Partner
Mullins Lawyers
t +61 7 3224 0220
f +61 7 3224 0333
aodwyer@mullinslaw.com.au