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SUSTAINABLE PLANNING ACT 2009

“What Consultants Should Look Out For”

THGSarah FarrellySenior Town Planner

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

Intent of SPA

Purpose of SPA is to ensure processes are:

Accountable

Effective

Efficient ,and

Delivers sustainable outcomes

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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.

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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

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Declaration of Owners Consent

Signed form or attachment or declarationhttp://www.dip.qld.gov.au/resources/form/idas-spa/idas-form-01application-details.pdf

Extract from form 1 applicants declaration

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Properly Made Process

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Application made

Acknowledgement notice

Not properly made

Application rectified

Not rectified it lapses

10bd

10bd

20bd

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=E66A3A28FC35161BDADCBFD3081E558

State assessment process available, however still recommend to utilise the

IDAS checklist.

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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.

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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.

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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/publicnotification.html

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Notification Stage Cont’d

Design layout for public notices on land

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DIP has also release a ‘Guide on public notification’.http://www.dip.qld.gov.au/resources/guideline/public-notification-guide.pdf

 

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

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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

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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

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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-31preliminary-approval.pdf

OR

by the assessment manager nominating a period.© THG

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

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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-spp2-09.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-32compliance-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

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

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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)

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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

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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.

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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 websitehttp://www.dip.qld.gov.au/index.php?option=com_content&task=viewid=146&Itemid=234

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Final Comments on SPA

On paper moving forward

Cultural change required

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Thank you

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