Minister’s directions following adequate consultation

There are powers under the Planning Act for the Planning Minister to direct a local government to amend a local planning instrument to be consistent with the regulated requirements or to protect or give effect to a matter of state interest.

The Planning Minister may direct a local government to amend a planning scheme, with or without first giving notice of the action to be taken and the reasons for the action. A Ministerial direction undertaken without first giving notice may be used in limited circumstances, including to:

• be consistent with a matter in the Planning Regulation, or
• reflect matters of state interest which have undergone adequate public consultation.

Once directed, the local government must make a minor amendment to its planning scheme in response to the direction following the process set out in the Minister’s Guidelines and Rules.

What is considered adequate public consultation?

In circumstances where a local government is directed to amend its planning scheme to reflect matters of state interests without notice, the Planning Minister may have to be satisfied that adequate public consultation has been undertaken.

Adequate public consultation could include community level consultation where it is clear what amendments are required to the planning scheme and how the community would be affected.

Another way that adequate public consultation may be considered to have occurred is if the matter has already gone through public consultation as part of the making of another state or local planning instrument, such that it is not necessary for public consultation to be repeated.

An example may be where there has been State-led master planning involving local consultation that identifies development processes and outcomes for a particular area.

Further information

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