4077ENV: Week 3 Lecture Notes

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4077ENV: Week 3 Lecture Notes
2011-06-16 21:14:49

Exam Prep
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  1. Range of State planning instruments
  2. 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)
  3. 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 prohibitions
    • SPRPs may include draft provisions which may take effect immediately (s.16, 73)
    • SPRPs are state interest
    • SPRPs may be made by the Planning and other Ministers in cooperation with the Planning Minister
    • SEQ Plan Regulatory Provisions, 2009
  4. State Interests
    • 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.
  5. Regional Plans
    • 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)
  6. SEQ Regional Plan, 2009 -2031
    Managing regional growth in the most sustainable way to protect and enhance our quality of life (p.4)
  7. 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)
  8. 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
  9. 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)
  10. 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
  11. 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
  12. 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).
  13. Other state planning powers
    • Ministerial directions
    • Designation
    • State interest review during plan preparation
    • - Also relevant: State powers during IDAS