- Lord Mayor's introduction
- Executive summary
- Our shared vision for Brisbane
- A profile of people who benefit from better access and inclusion in Brisbane
- Council's history of access and inclusion initiatives
- Reflection on Council's changing approach to access and inclusion
- How this plan was developed
- Implementation, monitoring and reporting
- An innovative local government role
The Queensland Government also plays a role in development in Brisbane with responsibility for:
- Sustainable Planning Act 2009 and state planning and development policies, codes and regulations
- Building Act 1975 and Queensland Development Code
- development assessment for certain types of development
- dispute resolution, appeals and the Planning and Environment Court
Where we are
The Australian Human Rights Commission takes the view that councils have a critical role to play in ensuring development complies with the requirements of the Disability Discrimination Act 1992 (DDA). Several Commission and Federal Court decisions show that councils can be liable under section 122 of the DDA for permitting discriminatory acts when exercising their development approval responsibilities, as summarised in the following points.
- development approval bodies must take the requirements of the DDA into account when processing applications
- they should also establish mechanisms to ensure a thorough assessment of any claim by a developer that providing full access would impose an unjustifiable hardship
- the approval body may decide to allow a development with less than full access if it believes the requirement would be too onerous and would only face a liability if its decision was proved to have been wrong following a successful complaint against the developer
Brisbane City Plan 2000 specifies strategies that are particularly important for access and inclusion:
- enhance social diversity, choice and accessibility
- achieve a safe, secure, equitable and comfortable city
- require development to enhance the amenity, environmental and cultural contexts of its locality
- promote a pattern of development that reduces private motor vehicle dependency and increases potential for use of public transport, cycling and walking
In the development assessment process, Council examines the ways any proposed development provides for access and inclusion.
- Assessing all development applications for compliance with the City Plan using the Integrated Development Assessment System (IDAS) established under the Sustainable Planning Act 2009
- ensuring development applications comply with the Non-discriminatory Access and Use Code in City Plan
- taking into account non-discriminatory access requirements regulated under the Building Code of Australia and, where necessary, raising issues with applicants
- taking into account guidelines published by the relevant Queensland and Commonwealth government agencies responsible for administering the Queensland Anti-Discrimination Act and the Disability Discrimination Act respectively and, where necessary, raising issues with applicants
- assessing the potential for disruptions to access during the construction period and providing conditions that mitigate those impacts
Where we want to be
We want Brisbane's built environment to be well-designed, making our subtropical city accessible and inclusive.
- Review the policies and standards we use in the assessment of development applications so they reflect current good practice in providing for an accessible and inclusive built environment.
- Provide training for relevant development assessment staff to support them to understand the significance of relevant provisions and conditions for access and inclusion.
- Advocate, where appropriate, for the Queensland Government to enhance access and inclusion provisions of relevant state development policies, codes and regulations.
- Demonstrate leadership and good practice in our own development projects.
Existing actions that will continue
Assessment of development applications
We will continue to examine the ways any proposed development provides for access and inclusion under the provisions of Brisbane City Plan and relevant Queensland and Commonwealth legislation including disruptions to access during the construction period, and liaise with applicants where necessary.
New initiatives or extensions
- Review of policies and standards used in development assessment. We will conduct an internal review of the policies and standards we use in the assessment of development applications against current national good practice in providing for an accessible and inclusive built environment.
- Training for development assessment staff. We will provide induction and refresher training for relevant development assessment staff with a focus on understanding the significance of relevant provisions and conditions for people with access concerns and to encourage them to be rigorous in their interpretation and application.
- Advocacy for enhanced Queensland Government planning and development provisions. We will advocate, where appropriate, for the Queensland Government to enhance access and inclusion provisions of relevant state development policies, codes and regulations.