Provisions to the Planning Regulation 2017 have been made
Two amendments have been made to Planning Regulation 2017 effective 6 October 2017. The amendments address unintended consequences of earlier amendments affecting the development of contaminated land and development of koala habitat land. The contaminated land amendment responds to a member concern taken up by the UDIA.
Development of contaminated land
The Institute sought action from the department relating to the development and contaminated land. Recent communication shows our feedback has been addressed in the changes.
Prior to the amendment, remediation of the contaminated land was required along with a statement that the land is suitable for development before a development application for the material change of use of the land could be made.
The department recognised the unintended consequence was that expensive work needed to be carried out before there was any indication if a development application would be approved.
With the new provision, it is now allowable to apply for the material change of use assessable under the planning scheme prior to undertaking the expensive work to fix contamination issues.
Development on koala habitat
The recent South East Queensland Regional Plan provisions sought to regulate residential development separate to development for ‘urban activity’, and the plan amended the definition for an urban activity to exclude residential development. However, the koala habitat area prohibitions relied on the previous definition for ‘urban activity’.
The new amendment reverts ‘urban activity’ relevant to koala habitat development back to its original definition (prior to 11 August 2017) and effective prohibitions.
The Institute encourages members to let us know of any issues you might find with the legislation and we will continue our fruitful liaison with the department to address them.
Please email Martin Zaltron, Policy Manager at the Institute, for any queries relating to the new provisions.