Changes to requirements for development assessment, infrastructure charges notice & dispute resolution improvements

The Planning Act 2016 has been amended to respond to community and stakeholder feedback to clarify and achieve further efficiencies in the planning framework. This includes improvements in development assessment, infrastructure charges and dispute resolution.

A summary of the changes is provided below.

Owner’s consent for development applications on state reserve land

The definition of ‘owner’ has been amended to clarify the owner’s consent requirements for development on a State reserve where there is no trustee lease.

Where a development application is proposed on State reserve land without a trustee lease and the trustee is the State, a local government or a statutory body, the amendment clarifies that owner’s consent must be provided by the trustee. If the trustee is not the State, a local government or a statutory body, the Minister of the department in which the Land Act 1994 is administered will provide owner’s consent.

Clarification on retaining walls

An amendment has been made to the examples of building work to remove retaining wall as an example. This will remove confusion that all retaining walls are development that is considered to be building work.

Changes to suspension of appeal period for change representations

Amendments have been made that provides for the automatic suspension of appeal period when an applicant makes change representations during an appeal period, without needing to give separate notice to suspend the appeal period. The appeal period is suspended until the applicant withdraws the change representations, the assessment manager gives a decision notice, or the end of 20 business days.

This  provides certainty that an assessment manager will have 20 business days to assess change representations during the appeal period and allows time for the applicant to act on appeal rights before the appeal period ends.

Changes to suspension of appeal period for Infrastructure Charges Notices

Amendments have been made that provides for the appeal period for an Infrastructure Charges Notice (ICN) to be automatically suspended from the day the representations were made without giving a notice to the local government.

The balance of the appeal period restarts the day after the local government receives the notice withdrawal. This allows sufficient time for the recipient to appeal during the appeal period if the recipient does not suspend the appeal period.

Referral agency validation provisions

A new provision providing for validation of referral agencies responses has been included.

This provision is similar to the existing provision afforded to assessment managers, which allows for consideration of statutory instruments that comes into effect after a development application is properly made but before it is determined.

This provision aligns with the validation provision made for assessment managers under the Economic Development and Other Legislation Amendment Bill 2019.

Clarifications to provisions about onus of proof in the Planning and Environment Court Act 2016

The amendment clarifies in the Planning and Environment Court Act 2016 that for an appeal related to an urban encroachment registration or an appeal about a change application under the Planning Act, the appellant must prove the case in an appeal to the court.

Further information

For further information please contact the Department of Housing, Local Government, Planning and Public Works via planning4housing@dsdilgp.qld.gov.au.