Information Express Forum 1, 25 February 2010.

1. © THG SUSTAINABLE PLANNING ACT 2009 “What Consultants Should Look Out For” THG Sarah Farrelly Senior Town Planner

2. Introduction to SPA Sustainable Planning Act 2009 (SPA) commenced 18th December 2009 http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2009/09AC036.pdf So also did the: Sustainable Planning Regulation 2009 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SustPlanR09.pdf Six Statutory Guidelines http://www.dip.qld.gov.au/policies/statutory-guidelines-for-planning.html © THG

3. Intent of SPA Purpose of SPA is to ensure processes are: Accountable Effective Efficient ,and Delivers sustainable outcomes © THG

4. Existing Applications, Requests & Approvals Applications and requests made prior to 18th December 2009 will continue under IPA. Existing approvals will be taken to be approvals under SPA Change to IPA approvals can be made using the new single process under SPA which is ‘permissible change’. DIP have released a Statutory Guideline (06/09): http://www.dip.qld.gov.au/resources/planning/planning/statutory-guideline-06-09.pdf This provides guidance on what may constitute a substantially different development. For reconfiguration of a lot approvals issued under IPA, the IPA endorsement of survey plans will continue to apply. © THG

5. Mandatory Supporting Information Development applications under SPA must now include the mandatory information indicated on the IDAS forms to be deemed properly made. http://www.dip.qld.gov.au/forms-templates/idas-forms-sustainable- planning-act.html Each development application must provide a statement about compliance with the planning instruments AND MCU: Site plan, floor and elevation plans; ROL: Reconfiguration plan to also show contours, levels, drainage and building envelopes; and OPW: Site plan an detailed drawings with particular specifications for each types of operational work © THG

6. Declaration of Owners Consent Signed form or attachment or declaration http://www.dip.qld.gov.au/resources/form/idas-spa/idas-form-01 application-details.pdf Extract from form 1 applicants declaration © THG

7. Properly Made Process © THG Application made 10bd Acknowledgement notice Not properly made 20bd 10bd Application rectified Not rectified it lapses

8. Smart eDA Smart electronic development assessment is an on-line service that has been established to help streamline the development assessment process. https://www.smarteda.qld.gov.au/forms.action%3bjsessionid=E66A3A 28FC35161BDADCBFD3081E558 State assessment process available, however still recommend to utilise the IDAS checklist. © THG

9. Shortened Timeframes 20bd to refer the development application to referral agencies (previously 3 months); 6 months to respond to an information request (instead of 12months); and Within 5bd notify the assessment manager of public notification beginning Applicant’s ability to revive applications. Applicant to issue assessment manager with notice of revival within 5bd of lapsing and then completing the action within a further 5bd. © THG

10. Missed Referral Agencies If an agency is missed, the application under SPA does not automatically lapse. Written notice of the missed referral is given. Decision stage does not begin, or if previously started a decision can not be issued, until missed referral agency catches up. The missed referral notice does not have an approved form, just simply a notice issued pursuant to section 357 (2) of SPA. The applicant then has 10bd to refer the application to the missed referral agencies. © THG

11. Notification Stage DIP has released two new forms for public notification, being public notice on land and notice of compliance: http://www.dip.qld.gov.au/development-applications/public notification.html © THG

12. Notification Stage Cont’d Design layout for public notices on land © THG DIP has also release a ‘Guide on public notification’. http://www.dip.qld.gov.au/resources/guideline/public-notification-guide.pdf

13. Changes to Development Applications Can change at any time before decided Four scenarios under SPA: Minor change (no IDAS timeframe stops) Change in response to an information request (no stop in IDAS however the public notification stage must restart or is repeated unless the AM is of the opinion that the change will not give rise to a submission) A change that deals with a matter raised in a submission (as above); and All other changes (IDAS process restarts) DIP have released a Statutory Guideline (06/09): http://www.dip.qld.gov.au/resources/planning/planning/statutory-guideline-06-09.pdf © THG

14. Changing Development Approvals Under IPA, separate mechanisms/tests for changing approvals v changing conditions Under SPA, merged into single streamlined process for making a ‘permissible change’ New SPA process can be applied to changing an IPA approval © THG

15. Decision Stage No longer a presumption in favour of approval for a compliant code assessable application Relevant instruments: State planning regulatory provisions Regional plan State planning policies Structure plan/master plan Temporary local planning instrument Preliminary approval varying the effect of the planning scheme Applicable codes/planning scheme Priority infrastructure plan © THG

16. Preliminary Approvals Varying The Effect of the Planning Scheme Under IPA section 3.1.6, under SPA section 242 New default lapsing period of 5 years. The application will lapse if development is started but not completed The default period can be override by either the applicant nominating a period in the application on application form 31, question 3; http://www.dip.qld.gov.au/resources/form/idas-spa/idas-form-31 preliminary-approval.pdf OR by the assessment manager nominating a period. © THG

17. Compliance Assessment For development, works or documents Identified in SPR, SPRP, planning schemes and development approvals Simple process of a ‘tick and flick’ Compliance request can not be refused by the compliance assessor © THG

18. Compliance Assessment Cont’d DIP have introduced a Temporary State Planning Policy 2/09 on compliance assessment http://www.dip.qld.gov.au/resources/policy/state-planning/temp-spp 2-09.pdf Compliance assessment listed in the SPR’s are: Survey plan endorsement (sch 19); and 2 lot ROL/industrial ROL and OPW (sch 18) The applicable IDAS form for compliance assessment is form 32 http://www.dip.qld.gov.au/resources/form/idas-spa/idas-form-32 compliance-aassesment.pdf Survey plan endorsement criteria similar to that under IPA Council have 20bd to assess the compliance assessment request, if they do not issue a notice then it is deemed to be approved. © THG

19. Compliance Assessment Cont’d Now under SPA a residential 2 lot ROL and or associated OPW’s in a residential or industrial zone will be subject to compliance assessment only where: The required minimum lot size is met; No referral agency triggers; No planning scheme overlay triggers The proposed development must meet the compliance assessment criteria listed in the Temporary State Planning Policy 2/09 © THG

20. Prohibited Development A new level of assessment introduced under SPA Identified in Schedule 1 of SPA, SPRP’s, structure plans, and planning schemes (only if QPP state that the development can be prohibited) © THG

21. Exempt MCU’s and Detached / Attached Dwellings New MCU for some class 1 a, and class 10 buildings are exempt under sch 4 of the SPR’s if: Planning scheme doesn’t make them self assessable The MCU is for a residential purpose in a residential zone; and No planning scheme overlay applies (other than bushfire overlay when the premises are <2000m2 © THG

22. Superseded Planning Scheme Requests Under IPA we had 2 years to make the request and the associated development application. Under SPA this timeframe has been shortened to 1 year and introduces a new two step process: Applicant to submit request to council for the application to be assessed under the superseded planning scheme (to be submitted within the 1 year); If council accept the application to be submitted and assessed under the superseded planning scheme (notice to be issued within 30bd) then the applicant has 6 months to submit the development application. © THG

23. Building & Development Committee The building and development committee can now hear the following matters (i.e.. you do not have to take them to the P & E Court): Decisions in respect to a class 1 building; and Condition in respect of a class 2 building if no more than 3 stories and no more than 60 units The notice of appeal form is available on DIP’s website http://www.dip.qld.gov.au/index.php?option=com_content&task=view id=146&Itemid=234 © THG

24. Final Comments on SPA On paper moving forward Cultural change required © THG

25. Thank you © THG