Are you entitled to compensation? We review the SPS opportunities currently available

It is no secret that planning legislation in Queensland is constantly changing.  SO much so, it is often hard to keep up!  

Local planning schemes are regularly updated to accommodate for changes in legislation, community consultation and the latest information regarding best practice planning for specific localities. The changes can be minor, administrative or major amendments.

To ensure landowners are afforded sufficient time to respond to these changes, the Planning Act 2016 includes provisions which enable them, for a period of 12 months following the commencement of an adopted amendment or new planning scheme, to request their local government apply the superseded planning scheme to a development application immediately affected by these changes.  If the local government agrees, the landowner then has 6 months to prepare and lodge the development application.  If they refuse, the owner cannot lodge under the superseded planning scheme.

When deciding whether or not to approve a request, the local government must take into consideration whether the change is an “adverse planning change” which reduces the value of an interest in premises i.e. the site was previously included in the Low-medium density residential zone which supported townhouses (up to 3 storeys) but the planning scheme amendment “downzones” it to the Low density residential zone which does not support townhouses just dwelling houses (up 2 storeys).  In this instance it is quite obvious the amendment to the planning scheme reduces the value of the property and therefore the local government authority would be obliged to approve a request to lodge a new development application under a superseded planning scheme.  If not, they could be liable to pay the landowner compensation.

Given the above, it is important to always be aware of the latest planning scheme amendments and when they came into effect, to ensure you are making the most of your site’s development potential.

While we here at Hickey Oatley always have this in the back of our mind, we have prepared the below tables to ensure our clients and fellow consultants are aware of:

  1. all planning scheme amendments which have been adopted across South East Queensland in the last 12 months; and
  2. the timeframe available have to lodge a request to apply the relevant superseded planning scheme.

To find out specific details on how your land may have been affected, or to lodge a request to apply under a superseded planning scheme, please contact us on 0401 349 601 or via email hello@hickeyoatley.com.au.

 

Brisbane City Council

Version

Key Changes From Previous Version

  • Introduced new Banyo-Northgate Neighbourhood Plan
  • Updated the Kangaroo Point Peninsula Neighbourhood Plan

Opportunity for lodging SPS Request

30 April 2021

  • Biodiversity overlay amendments
  • Introduced Key civic space and iconic vista overlay
  • Updates to Heritage and Pre-1911 building overlays
  • Increased car parking for suburban multiple dwellings
  • Minor and administrative amendments

27 February 2021

  • Introduced Coorparoo and districts neighbourhood plan
  • Minor and administrative amendments

28 November 2020

  • Introduced The Gap Neighbourhood Plan
  • Adopted retirement and aged care amendments

25 July 2020

  • Minor and administrative amendments

30 May 2020

Gold Coast City Council

Version

Key Changes from Previous Version

  • New provisions for small lot housing
  • Introduced party house land use controls
  • Flood overlay mapping amendments
  • Introduced new provisions to reinforce the unique character of Burleigh Heads Village and Tugan Village
  • Reduced level of assessment for social, community and public supporting uses in specific zones
  • Reduced level of assessment for Council delivered utility installations
  • Mandated all lease, access easement, community title and volumetric subdivisions as code assessable
  • Changes to Biggera Waters Centre and surrounding area
  • Introduced hours of operation for accepted commercial uses in District centres
  • Aligned residential density and minimum lot size requirements in the Low density residential zone
  • Emerging community zone setback/site cover provisions
  • Minor and administrative amendments

Opportunity for lodging SPS Request

30 June 2020

Ipswich City Council

No amendments adopted in last year.

 

Lockyer Valley Regional Council

No amendments adopted in last year.

 

Logan City Council

Version

Key Changes from Previous Version

  • Included provisions to guide development in the Logan Reserve area
  • Introduced additional requirements for Auxiliary units
  • Updated industry thresholds to reflect industry, developer and community expectations
  • Incorporated various amendments to facilitate the combined planning and delivery of open space, land for community facilities and stormwater infrastructure
  • Miscellaneous major amendments to addresses feedback from 2015 – 2017

Opportunity for lodging SPS Request

9 February 2021

  • Included the Logan Reserve general planning layout to provide an indicative development framework for future development
  • Minor and administrative amendments

26 May 2020

Moreton Bay Regional Council

No amendments adopted in last year.

 

Noosa Council

No amendments adopted in last year.

 

Redland City Council

Version

Key Changes from Previous Version

  • Provided clarity around design and siting criteria for dual occupancies

Opportunity for lodging SPS Request

18 February 2021

  • Miscellaneous minor and administrative amendments

16 July 2020

Scenic Rim Regional Council

Scenic Rim Planning Scheme was adopted on 20 March 2020 superseding parts of the following which applies to the Scenic Rim local government area:

  • Beaudesert Shire Planning Scheme 2007
  • Boonah Shire Planning Scheme 2006
  • Ipswich Planning Scheme 2006.

Applicants have until 19 May 2021 to lodge a request to Scenic Rim Regional Council to apply any of the above superseded schemes.

 

Somerset Regional Council

No amendments adopted in last year.

 

Sunshine Coast Regional Council

Version

Key Changes from Previous Version

  • Amended zoning, overlays, precincts and planning provisions affecting specific sites in Buderim; Chevallum; Dicky Beach; Eerwah Vale; Golden Beach; Kenilworth; Kunda Park; Landsborough; Little Mountain; Maleny; Mount Coolum; Pelican Waters; Witta; and Woombye
  • Amended zoning and building heights for Educational establishments, Residential care facilities and Retirement facilities
  • Height of buildings and structures overlay amendments
  • Amended and introduced new
  • Miscellaneous minor and administrative amendments

Opportunity for lodging SPS Request

27 January 2021

  • Caloundra Local Plan amendments to reflect the adoption of the Caloundra Centre Master Plan
  • Amended the Transport and parking code to reflect the proposed new road and public transport routes in Caloundra

10 November 2020

  • Amended the zoning and different planning provisions affecting specific land at Beerwah, Bli Bli, Glass House Mountains, Glenview, Mapleton, Palmwoods and Yandina to respond to changes to the urban footprint under the ShapingSEQ South East Queensland Regional Plan 2017 and, the desired future use of land

22 September 2020

Mia Hickey

Author Mia Hickey

Mia is the Director and Principal Town Planner at Hickey Oatley Planning & Development. Mia is a passionate and driven professional, who has experience leading a wide variety of planning and development projects, establishing a key expertise in the facilitation of major development projects from inception through to delivery. With her many years’ experience, Mia has developed an in-depth knowledge of the Planning Act and the commercial realities which underpin a successful project. Mia maintains a focus to continuing professional development and is currently a participant in the Property Council of Australia’s 500 Women in Property initiative.

More posts by Mia Hickey