4077ENV: Week 5 Lecture Notes (Local Planning Instruments)

  1. BCC Citywide DEOs
    Brisbane’s land use pattern and built environment promotes its unique environment, such as timber and tin architecture, topography and layout and features a sustainable network of Residential Areas, Centres, employment areas and transport links.
  2. Another go: SPA reforms to planning instruments
    • Consolidates state planning instruments
    • Establishes a clear hierarchy between and within planning instruments
    • Encourages strategic planning
    • Allows limited prohibitions
    • Aims for uniformity and consistency in local planning instruments
    • Includes decision rules to deal with conflicts
  3. Local planning schemes (SPA, chapter 3)
    • A local planning scheme is an integrated planning policy for a local government area (s.79)
    • Local planning schemes prevail over planning scheme policies (s.83)
    • Planning schemes should not deal with matters governed by the Building Act (s 86)
    • Planning schemes must appropriately reflect the standard planning scheme provisions (s 88)
  4. Standard planning scheme provisions (s.50)
    • A consistent format for planning schemes
    • Rules for dealing with conflicts within a planning scheme
    • Some standardised content for implementing integrated planning at the local level
    • May include prohibited development
  5. Standard Planning scheme measures
    • Strategic framework: Sets the policy direction for the planning scheme.
    • Assessment tables: Identify the level of assessment and applicable codes for particular uses in each zone.
    • Zones: Organise the planning scheme area to facilitate the location of compatible uses. May include particular precincts.
    • Local plans: Provide more detailed planning than zones and may, if stated to do so, take priority over zones.
    • Overlays: Identify particular areas within the planning scheme area which reflect distinct themes (e.g. valuable resources).
  6. QPP hierarchy of planning scheme measures
    (Part 1.5)
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  7. Process for preparing planning schemes
    • Stage 1: Planning and preparation
    • Stage 2: First State interest review
    • Stage 3: Public consultation
    • - 8.2. The local government must consider every properly made submission
    • - 8.3. After considering the submissions, the local government must: (a) advise persons in writing who made a properly made submission about how the local government has dealt with the submissions; and (b) Give the Minister a written notice containing a summary of matters raised in the properly made submissions and stating how the local government dealt with the matters.
    • Stage 4: Second stage interest review
    • Stage 5: Adoption
  8. Material change of an existing use
    • A material change of use to an existing lawful use requires approval.
    • What is a material change of use to an existing use?
    • – Is the existing use still current or has it been abandoned?
    • Characterising the use
    • Factual matrix
    • Continuing intention of the applicant or owner
    • – What is the threshold /magnitude /intensity of the change?
    • For an existing use, a new approval risks further entrenching the use:
    • Lilley v BCC [2003] QPEC 067
  9. Injurious affection
    • The loss in development potential suffered by a landowner when a new planning scheme changes the zoning of her or his land.
    • The SPA allows compensation for injurious affection in limited circumstances.
  10. Limitations to injurious affection
    • Not available for changes dictated by a State or regional planning instrument (including the QPPs).
    • Not available for changes caused by a PIP or a structure plan.
    • Not available if the achievable yield is unchanged.
    • SPA, s.706
  11. Compensation is payable when …
    • Applicant must request assessment under the superseded planning scheme.
    • Assessment manager has discretion to assess under the superseded planning scheme or the new / current planning scheme.
    • For assessment under the superseded planning scheme:
    • - no compensation is payable.
    • For assessment under the current planning scheme:
    • - compensation is payable if the result is more adverse than it would have been under the superseded planning scheme.
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4077ENV: Week 5 Lecture Notes (Local Planning Instruments)
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