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Sustainable Planning Act 2009 – 24 March 2016

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Sustainable Planning Act 2009 –  24 March 2016

Sustainable Planning Regulation 2009 – 6 December 2016

Planning and Environment Court Rules 2010 – 20 May 2011

 

NEW LEGISLATION TO REPLACE THIS ACT:

*Planning Act 2016

 

Summary

A ‘development permit’ is not necessary for an exempt development.

  • Sections 7, 10, 231, 235

A ‘development permit’ is not necessary for self-assessable development. However, self-assessable development must comply with applicable codes. Refer to Schedule 3, Part 2 of the Regulation to see what development is self-assessable development. See Schedule 5, Part 2 for applicable codes, laws, policies, etc.

  • Sections 6, 7, 10, 232, 236, Schedule 3; Regulations 9, 11, Schedules 3, 5 of the Sustainable Planning Regulation 2009

A ‘development permit’ is necessary for assessable development. To obtain the relevant approval, an application in the approved form (with supporting documentation) is to be made to either the Local Government or another public sector entity. Within 10 days of receipt of the application, an acknowledgement notice is generally received by the applicant. This notice details the approval applied for and sets out, among other matters, any requirements for code assessment and/or impact assessment. Note: If there are referral agencies for the application, they must be provided with the documentation set out in section 272 within 20 business days after receipt of the acknowledgment notice, and the government entity who had issued the acknowledgement notice must be given written notice of the day that the documentation was provided in compliance with this section. Refer to Schedule 3, Part 1 of the Regulation to see what development is assessable development. See Schedule 5, Part 1 for applicable codes, laws, policies, etc. and regulation 12 & Schedule 6 for details of the decision-maker.

  • Sections 7, 10, 232, 238, 243, 246, 247, 257, 260, 261, 263, 267, 268, 272, 273, 275, 293, 295, 296, 297, 298, 299, 300, 301, 307, 309, 313, 314, 318, 324, 325, 334, 335, 336, 339, 340, 341, 342, 348; Regulations 9, 11, 12, Schedules 3, 5, 6 of the Sustainable Planning Regulation 2009

A development approval attaches to the land and binds the owner, later owners and any occupier of the land.

  • Section 245

If compliance assessment is required for a development, a request in the approved form for assessment is to be given to the local government or other public entity prior to development taking place. The assessment will result in either a compliance permit/certificate or action notice. Refer to Schedule 18 to see what development requires compliance assessment.

  • Sections 6, 7, 10, 232, 237, 239, 394, 395, 396, 397, 398, 399, 400, 401, 403, 405, 407, 408, 409, 410, 411, 415, Schedules 1, 3 (Act); Regulations 18, 19, 20, 21; Schedules 18, 19 of the Sustainable Planning Regulation 2009

A compliance permit attaches to the land and binds the owner, later owners and any occupier of the land.

  • Section 409

The Planning and Development Court is continued in existence. The rules for commencing proceedings in this court is set out in the Planning and Environment Court Rules 2010.

  • Sections 435, 436, 437, 440, 441, 442, 447, 452, 453; Regulation 22; Schedule 20 of the Sustainable Planning Regulation 2009; Rules 2, 6, 7, 8, 9, 10, 11, 12, 17, 47, 48, Schedule of the Planning and Environment Court Rules 2010

A person may appear before the Planning and Development Court in person or represented by lawyer or agent.

  • Section 448

A person may bring a proceeding before the Planning and Development Court for a declaration for a matter done, to be done or should have been done for this Act. Note: There is an alternative process for declarations to be made by a Building and development dispute resolution committee.

  • Sections 414, 456, 457, 510, 511, 556, 565

Where a development application has been refused or an action notice issued, an appeal lies to the Planning and Development Court. The appeal must generally be started within 20 business days. An appeal is a hearing anew. Note: There is an alternative process for appeals to be heard by a Building and development dispute resolution committee.

  • Sections 457, 461, 468, 469, 475, 481, 482, 483, 484, 490, 493, 495, 496, 523, 527, 536, 556, 564

A person may appear before a Building and development dispute resolution committee in person or represented by an agent (who is not a lawyer).

  • Section 560

A land covenant has no effect to the extent it conflicts with a planning scheme.

  • Section 87

Land covenants are usually entered into as a requirement of a condition of a development approval.

  • Section 349

If land is designated to be community infrastructure, the owner may ask the government to buy the land (if the Acquisition of Land Act does not apply).

  • Sections 222, 223, 224, 225, 226, 227, 457, 477, 481, 484, 493, 495, 496

An infrastructure agreement attaches to the land and binds the owner and later owners of the land.

  • Section 674

An affected person (narrowly defined) cannot institute civil proceedings in relation to emissions where there has been compliance with the development approval for premises registered under Chapter 8A of this Act or any code of environmental compliance.

  • Section 680E

A person may apply to the local government for a limited, standard or full planning and development certificate for a premises. A request for a full certificate may take 30 days.

  • Sections 737, 738, 739, 740, 741
Reason for law

To seek to achieve ecological sustainability by managing the process by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes. (Section 3)

Relevant links

Development applications [Department of State Development, Infrastructure and Planning]

SPA IDAS forms [& templates]

Planning laws and codes

MyDAS and eDA

Fact sheets and guidelines – Sustainable Planning Act

State Planning Policy

Regional plans

Local government planning schemes

Chapter 8A of the Sustainable Planning Act 2009: urban encroachment provisions register of premises

Planning and Environment Court

Forms – Planning and Development

Practice directions

Building and Development Dispute Resolution committees

Building and development dispute resolution forms

Dispute resolution decisions [use list on the left of screen]

Preparing an application [Brisbane City Council]

Development application forms

Brisbane Planning and Development Online

Previous development applications and approvals [request planning and development certificate]

Planning guidelines

Brisbane City Plan 2014 mapping

Priority Infrastructure Plan

Infrastructure charges

Lodging an application [Brisbane City Council]

(See your local government website for applicable planning and development information)

Queensland Environmental Law Association (QELA)

Association for Sustainability in Business Inc

Earth Charter – Australia
The Earth Charter

Residential land development activity profile, local government areas [Queensland Government Statistician’s Office]

Highlighted practice direction

2014/08 – Power of ADR Registrar to make orders or issue directions

2014/07 – Digitally recording proceedings: means of identifying proceedings, those appearing and witnesses

2014/02 – Case management procedures

2013/12 – Citation of authority

2013/10 – Use of technology for the efficient management of documents in litigation

2013/08 – Review of decision, direction or act of the ADR Registrar

2013/07 – Early resolution or determination of infrastructure charges and development approval conditions disputes

2013/03 – Technology standards for using court DVD players for evidence presentation

2010/03 – Notice of decision pursuant to s376 of the Sustainable Planning Act 2009

2010/02 – Changes of address for service in accordance with Practice directions of the Supreme Court

2008/01 – Filing written submissions

2006/02 – Digitally Recorded Proceedings: Means of Identifying Proceeding, Those Appearing, and Witnesses

Media statement

Better planning for Queensland

Media article

Habitat III: the biggest conference you’ve probably never heard of

How can we meaningfully recognise cities as Indigenous places?

Home prices tell us the value the public puts on green spaces

Value capture: a good idea to fund infrastructure but not easy in practice

Critique

It is uncommon for an Act to have two separate appeal processes.

Rule 49 contains a reference to ‘Sovereign’ which may be replaced with a modern alternative.

Suggested further reading

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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