4077ENV: Week 5 Lecture Notes (Local Planning Instruments)
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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.
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
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)
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
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).
QPP hierarchy of planning scheme measures
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
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  QPEC 067
- 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.
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
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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