Planning update
Changes to improve the compensation arrangements in the Planning Act 2016 have been made following industry advocacy.
Key Points:
- Changes to improve compensation arrangements made after industry advocacy
- Any affected owner who may have been unable to claim compensation as a result of the current provisions of the Planning Act may do so within six months of the commencement of the changes
- Planning Act 2016 forms updated.
Six months to claim for past compensation excluded
Changes to improve the compensation arrangements in the Planning Act 2016 have been made following industry advocacy. Changes correct the intended scope of compensation rights in relation to an adverse planning change.
In particular, it includes transitional arrangements to ensure that any affected owner, who may have been unable to claim compensation as a result of the current provisions of the Act, may do so within six months of the commencement of the bill.
The current wording implies that compensation may only be claimed for a development that becomes ‘assessable’ as a result of change. The proposed amendment clarifies that compensation is available for changes involving assessable development,
The compensation process requires certain criteria to be met before compensation is payable. The proposed amendment does not alter these existing requirements.
These changes were included in the Implementation of The Spit Master Plan Bill which was passed on February 19. The bill also includes changes to facilitate redevelopment of the Gold Coast Spit. The bill should commence shortly.
New forms
Statutory forms created under the Planning Act 2016 have been amended. Additionally, an amendment to the decision notices reflects notification of submitters requirements.
The changes affect:
- DA Form 1 – Development application details
- DA Form 2 – Building work details
- Planning Act Form 2 – Decision notice approval
- Planning Act Form 3 – Decision notice refusal
- Planning Act Form 5 – Change application form
- Referral checklist for building work
- DA Form 1 – Template 3 – Taking overland flow water.
Before submitting a development application, applicants should ensure they are using the most up-to-date form versions.
If you have any questions, please contact Policy Executive, Robert Tily at rtily@udiaqld.com.au on (07) 3229 1589.