2015-10-13 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                          13 OCTOBER 2015


Notably, officers from DILGP have advised that the Shadow Minister’s three private
member’s Bills are expected to be considered by the Infrastructure, Planning and Natural
Resources Committee at the same time as the Bills proposed by the current Queensland
Government.

1.   Overview of Draft Bills
The Draft Bills do not propose to alter the fundamental way Queensland’s planning system
currently operates, but there are some noteworthy changes proposed. The Draft Bills are
similar to the previous consultation version seen in September 2014 and the version
introduced by the Shadow Minister in June 2015. A brief overview of the proposed changes
is detailed below.

Reducing the number of state planning instruments.
It is proposed that the number of state planning instruments be reduced from four to two.
The State Planning Regulatory Provisions and the Queensland Planning Provisions are to
be rolled into the Planning Regulation 2016, leaving the State Planning Policy and Regional
Plans as the only 'state planning instruments' under the Planning Bill 2015.

Development Assessment Rules
The most significant change proposed by the draft Planning Bill 2015 involves the way in
which a development is assessed.

The following concepts will be introduced under the proposed legislative framework:
   Exemption certificates may state that a development approval is not required for such
     assessable development. However, they may only be used under defined
     circumstances.
   The ability for applicants to choose to opt-out of an information request and therefore
     Council’s/state referral agencies may not make an information request.
   The ability for applicants to decide when to publicly notify a development application in
     the process such as before the information request or after a response is given to an
     information request.
   Introduce the ability for Councils to keep a list of persons (private consultants) who are
     appropriately qualified to be the assessment manager for development applications.
     The private consultant would then process and decide the application as the
     assessment manager.
   Introduce a ‘variation request’ as a development application for a preliminary approval
     that seeks to vary the effect of a planning scheme for a premise. This is likely to be
     typically used for larger scale developments and the approval would specify the codes
     that apply and the assessment type for the ‘downstream’ application.
   The ability for applicants to ‘stop-the-clock’ at any time once a development application
     is properly made as many times as required for a cumulative period of up to 6 months
     or further if agreed by the assessment manager. For example the applicant may stop
     the clock during the decision period to change the proposed development to respond
     to submitter’s issues or provide a flood study that was requested in Council’s
     information request.
   The ability for applicants to revive their development application which would have
     otherwise lapsed (grace period extended from 5 business days under the Sustainable
     Planning Act 2009 to 20 business days under the draft Development Assessment
     Rules)



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