Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023
Plain English Summary
Overview
This bill amends Queensland's planning laws to address the housing availability crisis. It gives the State new powers to acquire land for development infrastructure, creates a streamlined 'state facilitated application' process for priority housing developments, introduces an Urban Investigation Zone to manage growth areas, modernises outdated Development Control Plans, reduces red tape for urban encroachment registrations, and updates various operational aspects of the planning framework.
Who it affects
Property developers and local governments are most directly affected, with new tools for faster housing delivery but also new state override powers. Homebuyers and renters may benefit over time from increased housing supply, particularly in South East Queensland growth areas.
Key changes
- The State gains reserve powers to acquire land for development infrastructure where needed to unlock housing development, with compensation following the Acquisition of Land Act process
- A new 'state facilitated application' process lets the Planning Minister fast-track priority developments like affordable housing, with the chief executive assessing the application and limited third-party appeal rights
- A new Urban Investigation Zone allows councils to place land in a holding pattern until planning and infrastructure investigations are completed, with development for urban purposes prohibited in the zone
- Past development approvals in Development Control Plan areas are validated following a court decision that questioned their legal basis
- Urban encroachment registration renewals and changes are simplified, with fewer public consultation requirements when the affected area is unchanged
- Public notice requirements are modernised to remove the need for hard copy newspaper publication, and temporary accepted development can be declared by regulation to respond to emergent needs
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee11 Oct 2023View Hansard
Referred to State Development and Regional Industries Committee
The State Development and Regional Industries Committee examined the bill over approximately six weeks, receiving submissions from local government, housing and development industry, community interest, and legal sector stakeholders. The committee recommended the bill be passed, noting broad support for its intent to address housing supply challenges through planning reforms. The committee made four additional recommendations seeking amendments and clarifications, all of which were supported by the Queensland Government, with the Urban Investigation Zone provisions ultimately removed from the bill for further consultation with local governments.
Key findings (5)
- Almost all inquiry participants acknowledged that steps must be taken to address housing supply and diversity, though sectors disagreed on the most appropriate government interventions.
- Consultation was a common concern, with stakeholders seeking further engagement on subordinate legislation and planning regulation amendments outside the local government caretaker period.
- The committee raised concerns about the interaction between the state facilitated application process and existing Planning and Environment Court decisions, leading to government amendments to clarify these arrangements.
- The proposed Urban Investigation Zone required further detailed design and testing in collaboration with local governments, resulting in the government removing those provisions from the bill.
- Stakeholders supported reforms to Development Control Plans following the Northlakes court decision, which had created uncertainty around previously granted development approvals.
Recommendations (5)
- The committee recommends that the Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023 be passed.
- That the Department of State Development, Infrastructure, Local Government and Planning undertake a consultation process on amendments to the Planning Regulation 2017 and supporting instruments which underpin this Bill outside of the local government caretaker period.
- That in relation to the state facilitated application process, the Government consider amending the Bill to clarify arrangements where an application is the subject of a decision by the Planning and Environment Court or an application is before the Planning and Environment Court.
- That in relation to Urban Investigation Zones, the Government consider amending the Bill to reduce the review period from 5 years to 2 years.
- That in relation to dual listed heritage places, the Minister clarify in the second reading speech whether amendments sufficiently protect local heritage values.
Committee report tabled
▸Second Reading16 Apr 2024View Hansard
▸25 members spoke12 support11 oppose2 mixed
As Minister for Housing, introduced both bills and replied to the debate. Outlined the state facilitated development pathway, acquisition and easement tools, and amendments to address committee recommendations including removal of urban investigation zones. Defended the Homes for Queenslanders plan and the building industry fairness framework.
“With new easement tools and streamlined state-led assessments, we are removing barriers to housing supply, especially for affordable homes where they are needed most.”— 2024-04-16View Hansard
Criticised the bill as failing to address the housing crisis, blaming Premier Miles as the former planning minister who introduced the flawed legislation. Cited LGAQ opposition to the bill and highlighted the removal of urban investigation zones as proof the bill was poorly conceived. Argued for more land releases and private sector collaboration.
“If people are looking to the state Labor government for answers to the housing crisis then they are looking in the wrong direction.”— 2024-04-16View Hansard
Spoke in support of both bills, praising the Homes for Queenslanders program and the building industry fairness framework. Cited Master Electricians' commendation of Queensland's security of payment laws as national-leading.
“Homes for Queenslanders is the most comprehensive policy-in-action plan to deal with a social and economic problem I have seen in over 20 years of public life.”— 2024-04-16View Hansard
Opposed the bill, criticising the minister's removal of large sections as evidence of incompetent drafting. Raised concerns about the bill giving the minister power to override local government decisions and cited Master Builders' evidence that project bank accounts have failed to protect subcontractors in insolvencies.
“What a mess these two cognate bills are. They are in such a mess that the minister now responsible is going to have to come in here and remove a big chunk of the bill.”— 2024-04-16View Hansard
Spoke in support of the bills, focusing on the human face of vulnerability and defending the government's Homes for Queenslanders policy. Criticised the LNP for offering no policy solutions and making personal attacks on the minister.
“We on this side of the House believe that all Queenslanders should have the ambition of owning their own home or at the very least having a safe place to call home.”— 2024-04-16View Hansard
Opposed the bill, citing evidence from LGAQ and Council of Mayors that it would not assist housing supply. Criticised the lack of consultation and the now-removed urban investigation zone. Also raised concerns about the building industry fairness framework's failure to protect subcontractors when head contractors go into liquidation.
“The only place affordability and availability is going to be achieved is in the title of the bill.”— 2024-04-16View Hansard
Spoke in support of both bills, highlighting housing inequity's disproportionate impact on First Nations Queenslanders and the government's Our Place First Nations Housing Action Plan. Emphasised the importance of the state facilitated application process and easement tools for delivering housing.
“We know that housing inequity disproportionately affects First Nations Queenslanders. Addressing this is critically important to our combined effort to close the gap on disadvantage.”— 2024-04-16View Hansard
Acknowledged the bill's objectives but criticised it as rushed and not comprehensive enough to address the housing crisis. Shared personal stories of constituents Kurt and Jane living in their cars, and argued for better transport infrastructure to support housing development.
“What they really want is not a cup of coffee from their local member; what they really want is a roof over their head.”— 2024-04-16View Hansard
Spoke in support of both bills as a former planner, emphasising the importance of the state facilitated development pathway and easement tools to deliver more housing faster. Praised the Planning Institute of Australia's role in developing the reforms.
“Planning does matter. This bill will give planners and developers more freedom to address the housing challenges as we see huge numbers of people moving to Queensland.”— 2024-04-16View Hansard
Defended the bill as necessary to increase housing supply, arguing that increasing supply stabilises prices. Criticised both the Greens' proposed amendments as counterproductive and the LNP for offering no policy solutions.
“This bill will do what it says on the box. It is going to increase housing availability and thus increase affordability.”— 2024-04-16View Hansard
As Leader of the Opposition, criticised the government's failure to deliver infrastructure, social housing, and community housing partnerships. Argued that Queensland is the only state where community housing went backwards in nine years and that the Housing Investment Fund had not yet housed a single Queenslander.
“Announcements do not house people; attention to detail and delivery does.”— 2024-04-16View Hansard
Opposed the bill from the left, arguing it duplicates existing government powers but for the benefit of private developers rather than the public. Criticised the state facilitated development pathway as having no public benefit requirement and moved amendments requiring 50 per cent of state facilitated developments be transferred to the state, which were ruled out of order.
“This bill takes powers that the government already has to take land, override planning laws and fast-track the planning process and it duplicates those powers, not for public benefit but for the benefit of rich private developers.”— 2024-04-16View Hansard
Supported both bills, emphasising the need for diverse housing options including for people with disabilities, and the importance of inclusionary zoning. Cited the Planning Institute of Australia and Australian Institute of Architects' support for the bill's measures.
“The inclusionary zoning policy has so much promise for Queensland. It means that electorates like mine will have the opportunity to safeguard a proportion of homes for key workers on lower incomes.”— 2024-04-16View Hansard
Opposed the bill, citing skyrocketing rents on the Gold Coast and the government's alienation of landlords. Argued the bill was the 14th change to the Planning Act since 2015 and was more about shifting blame to local governments than delivering housing.
“There is little evidence from the inquiry that this bill will assist with the current issues of housing availability and affordability.”— 2024-04-16View Hansard
Spoke in support of the bills, highlighting the importance of free TAFE for construction workers and the delivery of 365 social and affordable homes in the Ipswich region since 2015.
“It has never been a more important time to put considered, evidence-based reform to the issues that are addressed in these bills.”— 2024-04-16View Hansard
Expressed concern the bills would not meaningfully address the housing crisis despite supporting the need for action. Drew on his experience with Caboolture West development to argue the state government should work collaboratively with councils rather than overriding them. Raised urban encroachment issues for poultry farms.
“I do not believe these will change that much. I still wonder why this government has not been able to achieve the outcomes they should have achieved, given previous governments have using pre-existing legislation.”— 2024-04-16View Hansard
Focused on the development control plan provisions important for Greater Springfield in her electorate, explaining the historical context of the Springfield Structure Plan and how the bill would validate previously granted development approvals following the North Lakes court judgement.
“Ensuring planning certainty through the bill in relation to the Springfield Structure Plan is important in addressing this significant need.”— 2024-04-16View Hansard
Opposed the bill, arguing it does not address housing affordability because the government continues adding costs through new construction codes and energy ratings. Cited a manufactured home builder estimating $20,000 to $40,000 extra per dwelling from new energy requirements.
“You do not have energy ratings on a tent and yet they are putting energy ratings at a level 7 star rating which is actually adding to the homelessness issue.”— 2024-04-16View Hansard
Spoke in support of both bills, highlighting Ipswich as the fastest growing LGA in Queensland needing 90,000 new houses by 2046. Supported the bill's planning reforms to increase housing supply and the Homes for Queenslanders plan.
“There is a real urgency to hasten these reforms because far too many Queenslanders are facing long-term housing insecurity and paying exorbitant rent prices just to keep a roof over their heads.”— 2024-04-16View Hansard
Could not support the housing bill due to the lack of definition of 'state priority' and concerns about local governments being overridden without community consent. Supported the building industry fairness bill but criticised the QBCC's ongoing failure to protect consumers from substandard building work.
“Local governments and communities should never be overridden without an identified need and rationale that is acceptable to those communities.”— 2024-04-16View Hansard
Supported both bills, emphasising the importance of a secure construction industry for delivering housing and the role of free TAFE courses in training construction workers. Defended the trust account framework as providing necessary protections for subcontractors.
“Housing underpins the ability for people to stay healthy and thrive in life. Without a secure and robust construction industry, we cannot produce the homes our community needs.”— 2024-04-16View Hansard
Spoke in support of both bills, highlighting the new easement and acquisition powers and the state facilitated development pathway. Cited the $20 billion benefit from the 2018 building industry fairness reforms.
“It is up to a responsible government like us to deal with what is a nationwide crisis in terms of housing that is accentuated in Queensland because of interstate migration.”— 2024-04-16View Hansard
Opposed the bill, arguing it gives the state government excessive control over planning by overriding local governments and removing community appeal rights. Drew comparisons with the United Kingdom's experience where similar reforms led to poor quality 'human warehousing' developments.
“The bill's new state facilitated development pathway overrides local government and the democratic will of our communities.”— 2024-04-16View Hansard
Opposed the bill, sharing the story of constituent Matthew who had been on the social housing waitlist for four years while sleeping rough. Cited skyrocketing rents on the Gold Coast and a 52 per cent decline in residential lot approvals.
“This bill will not help Matthew or any other family experiencing homelessness.”— 2024-04-16View Hansard
Made a brief contribution emphasising that the housing crisis extends to rural and regional Queensland, citing examples of teachers unable to take positions in Bowen due to housing shortages and families living in tents.
“I have a family in Bowen with a young newborn baby who are living in a tent. In this day and age, that is a disgrace and something needs to be done.”— 2024-04-16View Hansard
▸In Detail
54 amendments to the Housing Availability and Affordability Bill including: removal of urban investigation zone provisions (clauses 61-63, 103-107); clarification that state facilitated development applications cannot duplicate or override Planning and Environment Court decisions; insertion of new heritage provisions restricting local government assessment of dual-listed Queensland heritage places; insertion of affordable housing condition powers for state facilitated developments and qualifying private developments; and various terminology changes from 'State facilitated application' to 'application for State facilitated development'.
Assent date: 2 April 2023