4077ENV: Week 3 Lecture Notes
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Range of State planning instruments
State Planning Regulatory Provisions (s.16)
- May advance the purpose of the act by:
- - Providing regulatory support for regional or master planning;
- - Providing for a regulated infrastructure charge;
- - Protecting planning scheme areas from adverse impacts (including a significant risk of serious environmental harm, serous adverse cultural, social or economic conditions)
State Planning Regulatory Provisions (continued)
- SPRPs take priority over other planning instruments made under the SPA (s.19)
- SPRPs are regulatory in nature and effect (s. 20, 21) and may include absolute prohibitionsSPRPs may include draft provisions which may take effect immediately (s.16, 73)
- SPRPs are state interestSPRPs may be made by the Planning and other Ministers in cooperation with the Planning Minister
- SEQ Plan Regulatory Provisions, 2009
- An interest that in the Ministers opinion, affects an economic or environmental interest of the state or region;
- An interest in ensuring there is an efficient, effective and accountable planning and development assessment system.
- An integrated planning policy to advance ecological sustainability in a designated region (s.23)
- A state interest (s.25)
- Include desired regional outcomes (DROs), policies and actions to achieve DROs, and a desired future spatial structure (s.28)
SEQ Regional Plan, 2009 -2031
Managing regional growth in the most sustainable way to protect and enhance our quality of life (p.4)
Types of development covered by the SEQ RP SPRPs
- Tourist activity
- Sport and recreation
- Community activities
- Urban activities – residential, industrial, retail or commercial activity.
- –Very small developments excepted (Column 1 of tables 2B-2E)
Types of development not covered by the SEQRP SPRPs
- Outdoor recreation
- Forestry and primary industry activity (including ancillary activities)
- Aeronautical facilities
- Emergency services facilities
- Water cycle, waste management, telecommunications and electricity infrastructure
- A cemetery crematorium
- Animal boarding facility
State Planning Policies
- State policy on a matter of State interest (s.40)
- Statutory instruments with the force of law (s.41)
- Must relate solely to matters of state interest (s.40)
- May relate to all or part of the State (s.42)
SPPS: Legal consequences (s.43)
- If there is an inconsistency between a State planning policy and a local planning instrument, the State planning policy prevails to the extent of the inconsistency (s. 43)
- Note: The State interest review confirms existing SPPS are adequately taken into account in local planning schemes
Standard planning scheme provisions (s.50)
- A consistent structure for planning schemes
- Standard provisions for implementing integrated planning at the local level
- May include prohibited development
Standard planning scheme provisions: legal consequences
- Standard planning scheme provisions do not regulate development until they are incorporated in a planning scheme (s.52).
- Once incorporated, the standard planning scheme provisions prevail over local planning scheme provisions to the extent of any inconsistency (s.53).
- Once incorporated, local governments must revise their planning schemes to take into account changes to the standard planning scheme provisions (s.55).
Other state planning powers
- Ministerial directions
- State interest review during plan preparation
- - Also relevant: State powers during IDAS
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