Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023
Bill Journey
Referred to State Development and Regional Industries Committee
Plain English Summary
Overview
This bill reforms Queensland's planning laws to speed up housing delivery. It gives the State new powers to fast-track priority developments like affordable housing, acquire land for critical infrastructure, and create 'holding zones' for future growth areas. It also validates past development approvals that were called into question by a court ruling.
Who it affects
Property developers gain a faster approval pathway for priority housing projects. Local councils lose some planning control but get new tools to manage growth. Landowners in growth areas may face restrictions on development or compulsory acquisition. Community members lose appeal rights for state-facilitated developments.
State-facilitated housing approvals
The Planning Minister can now declare certain housing developments as state priorities and have them assessed by the State instead of local councils. These approvals cannot be appealed by third parties, only by the original decision-maker in limited circumstances.
- Minister can declare developments as 'state facilitated applications' for priority housing
- State assesses and decides applications instead of local councils
- Third-party appeal rights removed for state-facilitated developments
- Annual reporting to Parliament required on all state-facilitated decisions
Infrastructure land acquisition
The State gains power to compulsorily acquire land or create easements where infrastructure is needed to unlock development sites. This is a 'reserve power' used when landowners refuse to negotiate.
- State can compulsorily acquire land for development infrastructure
- Applies where infrastructure is essential and landowner negotiations have failed
- Compensation payable under Acquisition of Land Act processes
- Land must be offered back to former owner if not needed within 7 years
Urban Investigation Zone
A new planning zone that puts land in a 'holding pattern' outside priority infrastructure areas. Most urban development is prohibited until proper planning and infrastructure servicing is completed.
- New Urban Investigation Zone prohibits most urban development
- Local governments must review zoning every 5 years
- Landowners cannot claim compensation for rezoning to this zone
- State-facilitated applications can still proceed in these zones
Development Control Plans validation
Fixes a legal issue caused by a 2022 court ruling that found development approvals in DCP areas may have been assessed under the wrong legislation since 2017. All past approvals are validated.
- Validates all development approvals given in DCP areas since 2017
- Future applications assessed under modern Planning Act processes
- DCPs continue to set development categories and assessment benchmarks
Operational improvements
Various practical improvements to planning processes including modernised public notification, streamlined temporary use licences for emergencies, and reduced paperwork for urban encroachment registrations.
- Public notices can be published online instead of in newspapers
- Electronic submissions accepted without physical signatures
- Temporary use licences can be extended or cancelled as emergencies evolve
- Businesses protected from nuisance claims face less re-registration paperwork