Sustainable Planning Act 2009 – 24 March 2016
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:
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)
Development applications [Department of State Development, Infrastructure and Planning]
SPA IDAS forms [& templates]
Dispute resolution decisions [use list on the left of screen]
Preparing an application [Brisbane City Council]
Previous development applications and approvals [request planning and development certificate]
Lodging an application [Brisbane City Council]
(See your local government website for applicable planning and development information)
Highlighted practice direction
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
Note: Advertising on this webpage does not indicate that the entity advertising has any specialist expertise or accreditation. If specialist expertise or accreditation is promoted by the advertiser, they will have provided such information in their logo with no involvement from Access Point Law. It is expressly made clear that Access Point Law does not guarantee any level of expertise or accreditation of any advertiser and does not guarantee the accuracy of advertising information. You are encouraged to make your own enquires.
The author expressly disclaims all liability for loss or damage arising from your use or reliance on advertising information published at any time on this website.
Reading for Fun ->
Disclaimer: The information published on this webpage has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising on this webpage expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time on this webpage.
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.
Featured image from Flickr Commons – https://www.flickr.com/photos/floridamemory/9126561850/in/photolist-eUu1SE-jYWcDt-pnjEHJ-6B6DZ1-jZ1CAJ-8XVfMT-6WN87p-6v5dE2-6Xj9Yi-8Qc88r-akb9ty-i3c8tv-9T7TtQ-6v4Nhx-jYWW1T-9ft72j-6v9pS3-jYXZ6X-9K6exq-7MYcV3-9nz4up-8akUdg-6Xj9R6-padYKx-6B29JF-6B2vdz-i8CBQv-nyqWU7-9D2PSE-nELNqP-jYWYBz-9fpXXp-h8Ryr9-7MUbzT-ouFAAf-6z6WwW-6WN79a-6Xo9x3-6j3sDn-osRQuS-fK1gbD-odp5cH-i2xsUH-6v8SzG-nsK7hy-jYZC4d-jYWZCT-ow8yk2-of1mBP-rkDSbE