Sustainable Planning Act
Queensland Government's new Sustainable Planning Act 2009 (SPA) came into effect on 18 December 2009. SPA replaces the Integrated Planning Act 1997 (IPA).
SPA includes new rules for writing planning schemes, as well as new assessment processes and approvals that apply across all local government planning schemes.
Brisbane's current planning scheme, City Plan 2000, is nine years old and uses different processes and terminology from the new legislation.
Overlays
SPA introduces a new planning term called an 'overlay'. This term is not included in City Plan.
Council has adopted the current residential and industrial Area classifications or zones as 'overlays'.
Houses, attached houses (up to two units) and Class 10 buildings in any Residential Area
The Residential Areas described on Map C - Residential Areas (refer Residential Areas) in Chapter 3 of City Plan map the themes described in the citywide Desired Environmental Outcomes for Brisbane.
For the purposes of Schedule 4, Table 2, Part (e)(i) of the Sustainable Planning Regulation 2009, these Residential Areas are considered to be 'overlays'.
The Schedule 4 provisions apply to the Low Density, Character Residential, Low-medium Residential, Medium Density Residential and High Density Residential Areas.
The Schedule 4 provisions do not apply to Emerging Community, Rural and Environmental Protection Areas, which are not residential zones for the purpose of the Sustainable Planning Regulation.
While Council prepares a new plan for Brisbane, overlays will continue to cover Residential Areas and approvals for certain houses, duplexes and minor residential outbuildings will continue to be required.
One into two lot subdivisions in Residential and Industrial Areas
The Residential and Industrial Areas described on Map C - Residential Areas (refer Residential Areas) and Map D - Industrial Areas (refer Industrial Areas) in Chapter 3 of City Plan map the themes described in the citywide Desired Environmental Outcomes for Brisbane.
For the purposes of Schedule 18, Table 1, Part (e1)(p) of the Sustainable Planning Regulation 2009, both the Residential and Industrial Areas are 'overlays'.
These Schedule 18 provisions apply to Low Density, Character Residential, Low-medium Density Residential, Medium Density Residential and High Density Residential Areas. They also apply to Light Industry, General Industry, Heavy Industry, Extractive Industry and Future Industry Areas.
The Schedule 18 provisions do not apply to the Emerging Community, Rural and Environmental Protection Areas, which are not residential zones for the purpose of the Sustainable Planning Regulation.
While Council prepares a new plan for Brisbane, overlays will continue to cover Residential and Industrial Areas and development approvals for small subdivisions will be required.
