Planning and Development (Planning for Prosperity) Bill 2015

Introduced: 4/6/2015By: Mr T Nicholls MPStatus: Discharged

Housing & Renting Environment Government & Elections

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Plain English Summary

Overview

This bill was a complete rewrite of Queensland's planning laws, aimed at replacing the 700-page Sustainable Planning Act 2009 with a simpler, faster system. It simplified development categories, cut State planning instruments from four to two, increased maximum fines for illegal development to over $500,000, and gave councils new powers over party houses. The bill was introduced by the Newman LNP government shortly before the 2015 election and did not pass; Queensland's planning system was instead replaced by the Labor government's Planning Act 2016.

Who it affects

Anyone who builds, renovates, subdivides, or changes the use of land in Queensland; councils, neighbours who might object to new development, and existing industrial businesses near growing suburbs.

Key changes

Replaced the Sustainable Planning Act 2009 with a new streamlined Planning Act aimed at faster, simpler council approvals
Replaced 'code' and 'impact' assessment with 'standard' and 'merit' assessment, and unlinked public notification from assessment category
Increased maximum fines for carrying out prohibited or illegal development from 1,665 to 4,500 penalty units (about $512,000), and up to 17,000 penalty units for breaches on heritage places
Let existing industrial uses like breweries register for 10-year protection from nuisance complaints by new nearby residents, with councils required to flag affected properties on title
Empowered councils to regulate 'party houses' as a distinct land use and declare restriction areas where short-term party rentals are automatically unlawful
Preserved appeal rights to the Planning and Environment Court and continued Development Tribunals with no legal representation allowed
Gave the Minister call-in and direction powers over State-interest matters, with no right of appeal against Ministerial decisions

How this affects you

Housing & Renting

•Getting a council approval to build, renovate or subdivide was meant to be faster and cheaper under simpler assessment categoriesChapter 3Simplifies categories of development and assessment, with more straightforward decision rules aimed at reducing transaction and delay costs.
•Your council could crack down on houses repeatedly rented out for loud parties by treating them as a separate land useClause 232Enables a local government planning scheme or TLPI to regulate development for a material change of use for a party house, including declaring party house restriction areas.
•You might see fewer development applications publicly advertised because councils would decide case-by-case when notification is neededClause 40Public notification is no longer mandatory for all merit assessment, unlike impact assessment under the repealed Act.
•If you buy or rent near a brewery or factory, the title may warn you that you cannot make nuisance complaints about its smells, noise or smokeClauses 222-230Registered premises are protected from civil and criminal nuisance proceedings for emissions; owners or agents must notify intending lessees of new premises in the affected area.

Environment

•Maximum fines for illegal development on Queensland or local heritage places were set at 17,000 penalty units (roughly $2 million)Clause 160(1)(a)Provides a high maximum penalty for assessable development without a permit on a Queensland heritage place or local heritage place, matching the Queensland Heritage Act 1992.
•Maximum fines for carrying out prohibited development or breaching development approvals jumped to 4,500 penalty units (around $512,000)Clauses 159-162Increases maximum penalties from 1,665 penalty units under the Sustainable Planning Act to align with the Regional Planning Interests Act 2014 and Environmental Protection Act 1994.
•Councils and the State kept powers to stop development that would seriously harm the environment through enforcement notices and court ordersChapter 5Retains extensive enforcement arrangements including show cause notices, enforcement notices, Magistrates Court proceedings and Planning and Environment Court enforcement orders.
•You could still appeal council development decisions in the specialist Planning and Environment Court rather than the Supreme CourtChapter 6The Bill ousts judicial review jurisdiction and channels planning appeals into the Planning and Environment Court, which has specialist expertise in planning and environmental matters.

Government & Elections

•This bill did not become law; Queensland's planning system was instead replaced by the Labor government's Planning Act 2016The Bill was introduced in 2015 by the Newman LNP government and did not proceed; separate planning legislation was later passed by the Palaszczuk Labor government.
•The Planning Minister would have gained broad powers to call in development applications or override council decisions on State interests, with no appeal allowedChapter 3, Part 7The Minister's powers of direction are generally not subject to statutory rights of review or appeal; there is no right of appeal against the Minister's decision on a called-in application.
•Much of the detail of how councils make planning schemes would move from the Act into Ministerial rules and guidelines, which are quicker to changeClause 15Requires the Minister to make a statutory instrument containing rules and guidelines about the process for making and amending local planning instruments.
•Transitional regulations could operate retrospectively for up to five years to smooth the switch from the old ActClause 273Provides a transitional regulation-making power enabling retrospective operation to a time no earlier than when the old Act was repealed, expiring five years after repeal.

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced4 June 2015View Hansard

First Reading4 June 2015View Hansard

▸Committee4 June 2015View Hansard

Referred to Infrastructure, Planning and Natural Resources Committee

Infrastructure, Planning and Natural Resources Committeeportfolio

Committee Findings

Did not recommend passage

The Infrastructure, Planning and Natural Resources Committee examined this private member's bill alongside the government's Planning Bill 2015 and related bills in a cognate inquiry. The committee majority recommended this bill not be passed, instead supporting the government's competing planning reform bills. The committee made 11 recommendations in total, with recommendations 7-11 relating to specific improvements to the government's Planning Bill 2015 covering heritage protections, exemption certificate transparency, chosen assessment managers, notification requirements, and infrastructure charging for non-state schools.

Key findings (5)

The committee majority recommended the private member's bill not be passed, preferring the government's competing Planning Bill 2015
Six bills were examined in a cognate inquiry covering both the government's planning reform package and the opposition's alternative suite of bills
Stakeholders provided diverse views on the simplification of development categories from five to three, with some councils arguing costs would outweigh benefits
The committee found the government's bill better addressed transparency and accountability in planning decision-making
The Local Government Association of Queensland and other stakeholders raised concerns about the resourcing burden of transitioning to the new planning framework

Recommendations (6)

The majority of the committee recommends the Planning and Development (Planning for Prosperity) Bill 2015 not be passed.
The committee recommends section 68 and section 70 of the Queensland Heritage Act 1992 be retained so the role of the Queensland Heritage Council with respect to decisions about the demolition or substantial demolition of a State heritage place be in primary legislation.
The committee recommends the Deputy Premier require local governments and the chief executive to publish details about exemption certificates they give.
The committee recommends the Deputy Premier address the issues raised by submitters regarding chosen assessment managers, particularly transparency and liability for decision-making.
The committee recommends the Department of Infrastructure, Local Government and Planning continue to consult with local governments regarding the notification requirements in clause 63.
The committee recommends that infrastructure charging for both state and non-state schools should be consistent and equitable and both be exempt from paying infrastructure charges where development is undertaken through Ministerial designation.

AI-generated summary — may contain errors

Committee Report8 Apr 2016

Committee report tabled

▸Second Reading

7.57 pmMr WALKERSupports

Moved the LNP's private member's planning bills, which had been introduced to restart the reform process that lapsed when the 54th Parliament was dissolved.

“The fact that we are debating these bills is directly attributable to the work of the LNP government and particularly the member for Callide.”— 2016-05-11View Hansard

Referenced Entities

Legislation

Sustainable Planning Act 2009 Integrated Planning Act 1997 Local Government (Planning and Environment) Act 1990 Planning and Environment Court Act 2016 Planning (Urban Encroachment - Milton Brewery) Act 2009 Regional Planning Interests Act 2014 Queensland Heritage Act 1992 Environmental Protection Act 1994 Building Act 1975 Local Government Act 2009 City of Brisbane Act 2010 Judicial Review Act 1991 State Development and Public Works Organisation Act 1971 Acquisition of Land Act 1967 Coastal Protection and Management Act 1995 Transport Infrastructure Act 1994 Criminal Code Act 1899 Statutory Instruments Act 1992 South East Queensland Water (Distribution and Retail Restructuring) Act 2009 Environmental Protection and Other Legislation Amendment Act 2014 Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 Water Supply Services Legislation Amendment Act 2014 Transport Operations (Passenger Transport) Act 1994 Vegetation Management Act 1999 Water Act 2000 Acts Interpretation Act 1954 Electronic Transactions Act Electricity Act 1994

Organisations

Sectors Affected

Construction Property Development Land Management Local Government Civil Law

Classified using AGIFT/ANZSIC Australian government standards