Planning Reform through the Sustainable Planning Act 2009

19 November 2009

The Sustainable Planning Act 2009 (SPA) is a result of a review that overhauls and replaces the Integrated Planning Act 1997 (IPA). There had been criticism that the IPA had become too process driven and needed major reform. The SPA, it has been stated, is designed to provide a system that streamlines planning schemes and moves away from process, with a primary focus on outcomes. Time will tell.

The Queensland Parliament passed the SPA on 22 September 2009. It is scheduled to commence later this year.

This is a brief summary of the some of the changes included in the SPA:

State Planning Instruments

One of the key criticisms of the IPA was the lack of consistency in the format, layout and definitions in the various local government planning schemes. Planning schemes were not required to be set out in any particular way. Consequently, each planning scheme had its own difficulties for the applicant to navigate and interpret. In light of this criticism, the SPA has introduced the Queensland Planning Scheme Provisions, which are the responsibility of the Minister for Planning and Infrastructure to issue. The QPS Provisions include both mandatory and optional compliance for development applications to adhere to.

Local governments are responsible for ensuring their local planning instruments are consistently streamlined with the QPS Provisions. The intended outcome of the QPS Provisions is to ensure that local government planning schemes are set out in a standard format and contain the same definitions for particular types of development.

Assessable Development

Compliance Assessment is assessment of an application against standards that are certain and is set up to provide a streamlined way through the approval process. Obvious examples of its use are in operational works or building approvals but it could also be used for low risk material change of use or reconfiguration applications.

Compliance Assessment assures the applicant that the application will be approved if it complies with the identifiable standards in the planning scheme. Rather than the deemed refusal process if the application languishes without a decision, the applicant obtains a deemed approval.

As planning schemes take shape in the years ahead, it would be hoped that Compliance Assessment will allow applicants a good deal of certainty when making applications along with the knowledge that delay will not prejudice the development.

Deemed Approvals are also an option for some code assessable applications. Applicants will be required to put the council on notice of the relevant time frames and, if council fails to comply, then an approval will be deemed to have issued with a standard set of conditions.

Assessment Time Frames

There has been some tinkering with the periods allowed for parts of the assessment process, however, this is very unlikely to result in any perceivable change to the time taken to assess anything other than run of the mill applications.

There will be a less rigid approach to changing applications without having to restart the application process or undertake public notification again. Changes are still  to fall within the concept of a minor change, however, the definition of that term is wider. 

Infrastructure Charges and Rights to Appeal

The SPA provides for negotiations between the relevant local government and the applicant after an Infrastructure Charge Notice is issued and suspending the Appeal period until negotiations have ended. This provision is intended to ensure that the applicant and the local government have exhausted all negotiations prior to exercising the right to Appeal an Infrastructure Charge Notice to the Planning and Environment Court.

The SPA is to represent a new way forward for planning. It is hoped it can deliver on that.

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