Planning Bill 2015

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• Keeps protections for existing lawful uses, superseded planning scheme requests, and compensation claims when a planning change reduces land value