A new

plan-making

framework

Mary Mealey

Rebecca Kenny

Crystal Baker

Plan-making framework

What we’ll be covering

• Key changes in the planning system

• Elements of the new framework

• Scheme drafting under the Planning Act

• A new State Planning Policy

Plan-making framework

Key changes

• Two state planning instruments (SPP and RP) instead of four

• New instrument for making and amending local planning instruments (MGR)

• Includes new tailored process for making schemes

• Infrastructure designations managed by Planning Minister

• Community engagement toolkit

Plan-making framework

Act Regulation Minister’s Guidelines and Rules

Local planning

instruments and

their content

State Planning Policy

and Regional Plans

retained

Guidelines provide

for flexible process

for making planning

schemes

Public notification

requirements

Includes SPRP policy

Regulated

requirements

Minister’s Guidelines

and Rules prescribed

by the Regulation.

Matters the chief executive must consider when

deciding flexible plan making

Set process for amending planning schemes

including:

• for LGIPs

• a planning change addressing natural hazards

• making and amending PSPs and TLPIs

Guidelines for environmental assessment and

consultation for Ministerial designations

Process rules for local government designations.

What it means for schemes

Transition process

• IPA/SPA scheme = Planning Act scheme from 3 July 2017

• New code decision rules – bounded assessment

• All councils needed to look at their codes for risk factors

• Council had several options:

Do nothing (rely on Chapter 8 of Act)

Alignment amendment rules (s293) – amend terminology and codes, no change to policy

Make policy amendments – using MALPI or MGR (when made)

• About half of councils (incl Brisbane) have opted to ‘align’ their schemes

Key scheme issue - new code decision rules

Alignment amendments

Two options

• For adopted / commenced schemes: Alignment Amendment Rules

Gazetted Nov 2016

s293 of Planning Act 2016

No consultation required

• For ‘pipeline’ schemes / amendments: s287(3) (Minister’s power)

• Terminology changes

• Changes to codes to make policy clearer

• No change to POLICY

What do planners need to know?!

Scheme transition

• Where are the schemes you work on at?

• Alignment amendment rules – get across them… you might need to use them in the future

• Ability to communicate the change to your clients

Get ahead of the game!

Scheme drafting

under the

Planning Act

Mary Mealey

Scheme Transition Manager, DILGP

Scheme drafting under Planning Act

Key elements

• A new instrument that provides for a tailored process

• More flexibility on substance of a scheme

• How the process is consulted on, all different!

Scheme drafting under Planning Act

Minister's Guidelines and Rules

• Tailored process

• New qualified state interest amendment process

• Greater accountability - statutory timeframes and ways to manage them

• Natural hazard provisions

• A new for councils to submit and track their schemes.

Tailored process (s18 of the Act)

Making and amending schemes

Process set by notice given by the chief executive

Provides for flexibility in the process, such as concurrent stages

Minimum public consultation requirements

Process may be changed by an amended notice – can be given by the CE or requested by LG

Rules process (s20 of the Act)

Amending schemes only

Act prescribes that the process set out in the Minister’s rules must be followed

Four amendment types: administrative, minor, qualified state interest, major

Making and amending local planning schemes

Scheme drafting under Planning Act

Major amendment

• Largely retained from MALPI

• Optional confirmation of state interests – by CE

• Minister retains SIR and approval for adoption

• Public consultation required

• Minister/ CE timeframes elevated from KPIs to statutory timeframes

• Formalised pause, further information provisions

Scheme drafting under Planning Act

Regulated requirements

• Replace the mandatory content and format of the QPP:

• use and administrative terms and definitions

• zone names, purpose statements and mapping colours

• A statement identifying the state planning instrument and how it applies and is integrated into the planning scheme (SPP)

• Regulated requirements are located in the Planning Regulation 2017 and apply to the extent of any inconsistency with the planning scheme (S16(3) of the PA)

• Applies when the LG make an amendment to an existing scheme after commencement of the Act or a new planning scheme prepared under the Planning Act

• Supported by guidance to assist LG

Scheme drafting under

Planning Act

Guidance

• Comprehensive guidance document to help practitioners apply the regulated requirements

• Templates

• Support from the department when drafting commences (as always!)

Scheme drafting under Planning Act

Community Engagement Toolkit

• Key element of reform is enabling positive and authentic community engagement

• Supports the Minister's Guidelines and Rules

• State has developed a supporting engagement toolkit to help local government and the community talk about planning

• Toolkit will house practical tools, case studies and be curated by the department to ensure it remains a contemporary guide

• If you want to showcase your engagement efforts, contact us at bestplanning@dilgp.qld.gov.au.

What do planners need to know?!

Scheme drafting

• What is the new process for making and amending

• Regulated requirements

• Opportunity to drive new process to help your clients developing their new schemes

• Help your clients deliver exceptional community engagement!

Get ahead of the game!

State Planning

Policy

Crystal Baker

Manager, DILGP

SPP July 2017

What is it

• Queensland’s pre-eminent State planning instrument

• Expresses the state interests in land use planning and development, consisting of:

- state interest statement

- state interest policies

- assessment benchmarks, where applicable

• For use by state and local government: - land use planning and plan-making

- development assessment

SPP July 2017

Key changes – structural, policy and mapping

Structural changes • consolidates state interest statements

• consolidates and refines state interest policies & assessment benchmarks

• majority of codes moved to guidance

Policy changes • expanded guiding principles

• new state interest – Infrastructure Integration

• policy changes across many state interests

Other changes • alignment with Planning Act

• clarification regarding how the SPP works

SPP Interactive Mapping System

SPP July 2017

Key policy changes

• Liveable communities and housing • Housing supply and diversity

• Liveable communities

• Economic growth • Agriculture

• Development and construction

• Mining and extractive resources

• Environment and heritage • Biodiversity

• Coastal environment

• Cultural heritage

• Water quality

SPP July 2017

Key policy changes

• Safety and resilience to hazards • Emissions and hazardous activities

• Natural hazards, risk and resilience

• Infrastructure • Energy and water supply

• Infrastructure integration – NEW

• Transport infrastructure

• Strategic airports and aviation facilities

• Strategic ports

SPP July 2017

What you need to know

• Planning schemes do not need to be amended on 3 July 2017 to appropriately integrate SPP changes

• Business as usual: • the SPP applies instead of a regional plan or local planning instrument to

the extent of any inconsistency (i.e. if there is a gap) and only if relevant

• Planning Regulation 2017 – requires a statement to be included in a planning scheme:

• if the Minister is satisfied a planning scheme appropriately integrates all or part of the SPP,

• to confirm the name and date of the SPP with which the planning scheme aligns and whether all or part of the SPP is appropriately integrated

• Planning Regulation 2017 clarifies that the assessment manager may determine the relevance of the SPP to development assessment

Clarifying how the SPP works

For plan making:

Clarifying how the SPP works

For development assessment:

• The SPP applies to development assessment if a state

interest is not appropriately integrated in a planning scheme

• Assessment benchmarks are only applicable to assessment

managers for 5 state interests:

• Liveable communities

• Mining and extractive resources

• Water quality

• Natural hazards, risk and resilience

• Strategic airports and aviation facilities

• Regardless of assessment benchmarks, the SPP remains a

matter to have regard to, to the extent relevant

Using the SPP July 2017

Determining the relevance, ‘gap’ or inconsistency

December 2013

July 2014

April 2016

July 2017

If a planning scheme was approved as complying with a previous version of the SPP, the ‘gap’ is the different policies in the July 2017 compared to previous version of the

SPP, to the extent relevant

Single SPP

16 new state interests

Updated SPP

17 state interests

Key policy changes

Updated SPP

16 state interests

Minor changes

Updated SPP

16 state interests

Minor changes

Supporting the new version

A collaborative approach

• State working with local government to:

• explain the SPP changes and what it means for a particular planning scheme e.g. identifying the gaps

• update planning scheme statements, as required

• ‘Cheat sheet’ – key policy changes across SPP versions

• Register available on DILGP website to identify planning scheme status as of 3 July 2017 (statewide).

SPP Interactive Mapping System

Key changes for 3 July 2017

• 25 ‘new’ mapping layers to support new/amended policies

• 26 amended mapping layers to support new/amended policies

• Various updates to improve mapping accuracy and functionality

• Clarify State/local mapping layers – showing locally refined layers

• Planning scheme amendment processes for mapping (MGR)

• Minor, qualified state interest or major amendment

• Categorisation of mapping layers in SPP IMS

• Sign up to mapping updates online

Better interface

What do planners need to know?!

Using the SPP

• Understand the key changes in SPP July 2017 and communicate to your clients

• Check the DILGP online register and cheat sheet from 3 July to ensure any policy changes are considered if necessary, before submitting your applications

• Sign up for mapping updates and get the latest information!

• Email us if you have any questions:

• SPP – SPP@dilgp.qld.gov.au

• Mapping – mappingenquiries@dilgp.qld.gov.au

Get ahead of the game!

Infrastructure

designations

Rebecca Kenny

Planning Manager, DILGP

Plan-making framework

Infrastructure designations

• Name change – from community infrastructure designation (CID) to

infrastructure designation (ID).

• Ministerial power – the Planning Minister will be the single State

designator.

• Local government designations – generally aligns with the Ministerial

designation process (own chapter in MGR).

• Consultation requirements – two opportunities for stakeholder

engagement, a ‘fit-for-purpose’ consultation strategy.

Plan-making framework

Infrastructure designations

• Process improvements – simplified, streamlined pathways for new ID

requests and new amendment processes for existing IDs.

• Statutory weight – a dedicated chapter of the MGR which outlines the

processes and legislative requirements detailed in the Act and Regulation.

• Ways of doing – a new IT system and mapping layer have been

developed to support this new function.