Legislation

The Planning Act 2016 commenced on 3 July 2017, replacing the Sustainable Planning Act 2009 as well as all supplementary regulations and guidelines.  The Act is seen as an evolution of the former Sustainable Planning Act 2009, building upon many of the foundational elements the community has come to know.

Transitional Provisions

The Planning Act 2016 provides guidelines for both, development lodged and, approved under the Sustainable Planning Act 2009.

For applications made prior to 3 July 2017, the provisions of the Sustainable Planning Act 2009 will continue to apply to the assessment of the application, regardless of the commencement of the Planning Act 2016.

Approvals issued under the Sustainable Planning Act 2009 will continue to have effect under the Planning Act 2016.  Currency periods associated with these approvals will continue as set out under the Sustainable Planning Act 2009.

For more information on the Planning Act 2016 and its impact on your application, please contact Council officers or alternatively view the Department of State Development, Manufacturing, Infrastructure and Planning's 'A snapshot of the Planning Act 2016'.

Categories of Development

Under the Planning Act 2016, there are three categories of development: prohibited, assessable and accepted development. You will require planning approval when conducting development that is considered to be assessable development.

Prohibited Development

Prohibited development relates to development that is not allowed to be built or carried out. Schedule 10 of the Planning Regulation 2017 provides further guidance on what constitutes prohibited development.

Examples of prohibited development mentioned in schedule 10 include:

• the clearing of native vegetation in particular circumstances
• certain types of filling/excavation of land
• a brothel under certain circumstances

Accepted Development

Accepted development is development that may occur without the requirement for a development permit to be issued.  Accepted development may also specify conditions or criteria which must be achieved by the proposed development in order to proceed.

Accepted development as reflected in the Planning Act 2016 is a combination of the exempt and self-assessable categories from the superseded Sustainable Planning Act 2009.

Assessable Development

Assessable development is development that requires assessment by Council or State for compliance with assessment benchmarks.

Assessable development includes both code assessment and impact assessment types, with the primary difference between these categories being:

• the items against which applications can be assessed
• the requirement for public notification
• subsequent appeal rights any submitters are afforded

Further information on types of assessment can be found on the Queensland Planning System website.