2016-12-12 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                          12 DECEMBER 2016


REPORT
The Sustainable Planning Act 2009 is to be replaced with new planning legislation, which was
passed by Queensland Parliament on 12 May 2016. The replacement legislation includes:
   The Planning Act 2016
   The Planning and Environment Court Act 2016
   The Planning (Consequential) and Other Legislation Act 2016
The new legislation is expected to commence on 3 July 2017. Development Assessment Rules
will support the Planning Act 2016 and a draft version is now open for public comment until
19 December 2016. A draft State Planning Policy, Planning Regulation 2017 and State
Development Assessment Provisions have also been released with consultation to close on 10
February 2017.
Statutory requirements for development assessment are included both in the Planning Act 2016
and the Development Assessment Rules and must be read concurrently for a complete picture of
how development assessment is intended to operate in the future.
The process for development assessment has reverted to an end to end approach and in this
regard is not unlike the Sustainable Planning Act 2009 as identified in the diagram below.
However, the time frames and decision rules for applications are vastly different and, as
contemplated for some time, the mandatory time frames have been significantly shortened with
no ability for Council to extend time frames without the applicant’s agreement. Time frames to
issue an information request and make a decision are essentially proposed to be halved.
The parts shown in black are those which are contained in the DA Rules.




The time frames for each part of the application process is set out in the diagram in
Attachment 1 with code and impact assessable applications required to follow the same process
with an additional 10 business days given to consider properly made submissions (but only
where received) for impact assessable applications.




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