Planning Bill 2015

Introduced: 12/11/2015By: Hon J Trad MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill replaces Queensland's entire planning and development system with a simpler framework, repealing the Sustainable Planning Act 2009 and introducing a new Planning Act. It reduces red tape, streamlines how councils make planning schemes, clarifies the rules for approving or refusing development applications, and increases penalties for breaking planning laws.

Who it affects

Everyone in Queensland is affected because this law decides what can be built and where, but the biggest impacts fall on home owners, renters near industrial sites, developers, local councils and community submitters. Property owners keep strong existing use rights, while community members keep the ability to object to major developments and appeal decisions to the Planning and Environment Court.

Key changes

  • Replaces the Sustainable Planning Act 2009 with a shorter, clearer planning law starting on a date set by proclamation
  • Reduces State planning tools from four to two (State planning policies and regional plans) and creates a clearer hierarchy where State plans prevail over local ones
  • Simplifies development assessment into three types (prohibited, assessable, accepted) and two assessment categories (code and impact), with mandatory public notification for impact-assessed proposals
  • Requires councils and decision-makers to publish reasons for development approvals in certain cases, improving transparency
  • Raises maximum penalties for development offences to 4,500 penalty units (about $565,000) and to 17,000 penalty units for unauthorised work on Queensland or local heritage places
  • Renames the Building and Development Dispute Resolution Committees as the Development Tribunal, continues the ban on lawyers representing parties at the tribunal, and moves Planning and Environment Court rules to a separate Act
  • Keeps protections for existing lawful uses, superseded planning scheme requests, and compensation claims when a planning change reduces land value

Bill Story

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

Introduced12 Nov 2015View Hansard
First Reading12 Nov 2015View Hansard
Committee12 Nov 2015View Hansard

Referred to Infrastructure, Planning and Natural Resources Committee

Committee Report
Second Reading11 May 2016View Hansard
13 members spoke13 support
7.35 pmMs TRADSupports

As Deputy Premier and Minister for Planning, introduced the three government planning bills to replace the Sustainable Planning Act 2009 with a simpler, more transparent framework featuring bounded code assessment, restored appeal rights without adverse costs, and stronger heritage protections.

The Palaszczuk government is committed to delivering, through these planning bills, a planning framework that is good for all Queenslanders, with more transparency, tighter decision rules for councils and greater certainty about development.2016-05-11View Hansard
7.57 pmMr WALKERSupports

As shadow planning spokesman, stated the LNP would not oppose the government's planning bills while acknowledging the reform process was initiated by the previous LNP government, though flagging amendments on specific issues including costs provisions for court appeals.

I want to say from the outset that the LNP opposition will not be opposing the government's bill. However, I do flag that we will be moving some amendments during the consideration in detail.2016-05-11View Hansard
8.31 pmMr KELLYSupports

As a committee member, supported the government's planning bills, emphasising the importance of community engagement, transparency in planning decisions, and the restoration of appeal rights without adverse costs.

Planning matters. It provides the basis for securing the livability, sustainability and prosperity of our communities both now and into the future.2016-05-11View Hansard
8.39 pmMr SEENEYSupports

As the former Deputy Premier who initiated the planning reform process in 2012, supported the bills' passage while noting the reforms were motivated by genuine need to simplify an overly complex system rather than reversing predecessor policies.

This process started shortly after we came to power in the 2012 election. It was a major reform to the planning process in Queensland. It was not reform for reform's sake.2016-05-11View Hansard
8.49 pmMr PEARCESupports

Supported the government's planning bills, emphasising the importance of planning for communities and the suite of improvements including infrastructure charging, transparency and community engagement.

The suite of government bills will influence how our society will look into the future and will set the framework for how we proactively address the challenges that we face on that journey into the future.2016-05-11View Hansard
9.04 pmMr HARTSupports

Supported the planning reform while raising concerns about the removal of adverse costs provisions for court appeals, arguing this could be used by commercial competitors and vexatious litigants to delay development.

The LNP opposition will not be opposing the government's bill.2016-05-11View Hansard
9.24 pmMrs LAUGASupports

Supported the government's planning bills, emphasising the restoration of appeal rights without adverse costs as allowing ordinary citizens to participate in the planning system without fear of prohibitive legal costs.

Tonight, I support David, the mums and dads, the little guy who should not be afraid of appealing a development on the basis of a risk that they may have to pay their opponent's legal fees.2016-05-11View Hansard
9.47 pmMr MILLARSupports

Supported the planning reform, speaking from a regional perspective about the importance of balanced planning that supports economic development while protecting community interests.

The LNP opposition will not be opposing the government's bill.2016-05-11View Hansard
9.55 pmMs PEASESupports

Supported the government's planning bills, emphasising transparency, community engagement and the removal of adverse costs for planning appeals.

The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.2016-05-11View Hansard
10.04 pmMs LINARDSupports

Supported the government's planning bills as delivering a simpler, more transparent planning framework with greater community participation.

The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.2016-05-11View Hansard
10.10 pmMr MOLHOEKSupports

Supported the planning reform, having been involved in the earlier reform process as part of the LNP government, while raising concerns about specific aspects including costs provisions.

Both sides of politics should work together to ensure that, with the passage of these bills, we get the best outcomes for the continued prosperity of Queensland.2016-05-11View Hansard
10.23 pmMs FARMERSupports

Supported the government's planning bills as delivering greater transparency and community engagement in planning decisions.

The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.2016-05-11View Hansard
10.25 pmMs HOWARDSupports

Supported the government's planning bills, emphasising the importance of planning reform for growing communities like Ipswich.

The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.2016-05-11View Hansard
In Detail11 May 2016View Hansard
Third Reading17 Sept 2015View Hansard
Royal Assent25 May 2016

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