2014-09-16 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                             16 September 2014


Chapter 2 Part 3 includes new provisions on State Powers to intervene over Local Planning
Instruments. If the Minister considers a Local Government should take action in relation to
their existing or proposed planning scheme (to ensure the instrument is consistent with
required content or to protect a State interest), the Minister can direct the Local Government
to take action. If the Local Government does not take that action, the Minister can take the
action and charge the Local Government any expense incurred (e.g. the cost of engaging
planning consultants).
Further, if the Minister considers such action should be taken urgently, the Minister can take
the action without giving notice to the Local Government or consulting with anyone before
taking the action. Again, the Minister can charge the Local Government for expenses
incurred in taking the action.
Chapter 2, Part 5 addresses changes that adversely affect land values and has provisions
for compensation. It defines an “adverse planning change” which reduces the value of an
interest in a property but importantly this does not include a change designed to avoid or
reduce:
•    risk to persons or property from natural events (such as flooding, landslide or erosion);
     or
•    serious environmental harm.
The Planning Minister will retain the right to designate land for the development of
infrastructure but the provisions have been refined. For instance, other Ministers can no
longer make the designation (the Minister for Education cannot designate land for a school,
and the Minister for Health cannot designate land for a hospital). This is designed to ensure
the planning merits of the designation are comprehensively considered.
In terms of drafting the next Planning Scheme under this legislation, Council is likely to be
expected to depart from what has been a local expectation that the community will be able to
comment on development applications. The P&D Bill is founded on a principle that all
development is exempt unless specifically identified otherwise. It is proposed to categorise
development into “accepted”, ”assessable” or “prohibited” and assessable is further split into
“standard” and “merit”.
A Planning Scheme would only be able to determine that a development is “prohibited” if a
Regulation allows it to. Regulations can also prohibit a Council making a certain
development “assessable” under the Planning Scheme. The regulation is also likely to
prescribe when public notification is required for merit assessment development applications
and where public notification cannot be required.
The required content specified in the Regulation may include requirements that prevail over
Local Planning Instruments immediately from commencement of the Act. This is likely to
have a bearing on the Noosa Plan given legislation may be in place for a few years before
the next Noosa Planning Scheme and to the extent that there is any inconsistency with the
Regulation, the Regulation will prevail.
The Regulation is proposed to prescribe the extent to which Local Planning Schemes may
apply to the assessment of prescribed tidal works in the local government tidal area.
Chapter 3 – Development Assessment
There are some substantial changes to the development assessment system, but also a
great many aspects that are similar. The State government has indicated that the P&D Bill
will implement the government’s reform initiative of lowering the level of assessment for
development generally. To achieve this, three (or possibly four) categories of development
streams will replace SPA’s six development assessment categories:
•    Accepted development (comprising both exempt and self-assessable development
     under SPA) – no development approval required.


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