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

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4077ENV: Week 5 Lecture Notes (Local Planning Instruments)
2011-06-16 22:11:26

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  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)
  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.