Planning Act 2016 impacts on Council

Council has amended its local planning scheme Brisbane City Plan 2014 (City Plan) to align with the new Queensland Government legislation Planning Act 2016 (Planning Act), which came into effect on 3 July 2017.

Changes to City Plan

Council continues to focus on well-planned development through the consultative neighbourhood planning approach guided by Brisbane’s CityShape strategic framework.

There has been no changes to Council’s vision for positive on-the-ground development outcomes and residents can access detailed reasoning behind development approvals through Council’s transparent online system PD Online

Table consists of information relating to Terminology chnages across City Plan, Tables of assessment, Zone codes, Development codes, Definitions
Terminology changes across City PlanAs these have occurred throughout the scheme they may give the appearance of greater change. 
Tables of assessmentIn general, the levels of assessment and the assessment criteria have not changed. The loss of compliance assessment is the exception but this does not have a significant impact and can be readily addressed though code assessment or condition compliance.
Zone codesNo change in policy intent. Clarity has been maintained while complying with new drafting rules.
Development codesCodes include relevant policy context from the Strategic Framework where necessary to maintain consistency in their application and in the development outcomes. 
DefinitionsNew definitions have been accommodated without changing planning intent for those uses.

Changes to development assessment

Council has updated its development assessment systems, processes and people in line with the new legislation and to communicate changes with its key development industry customers.

Changes the development industry will notice include:

  • Alignment of terminology, definitions and zone purposes across City Plan to align with the new Planning Act. (These changes do not change the intent of City Plan.)
  • New process and assessment timeframes in Development Services that align with Planning Act statutory requirements.
  • Employment of the new features of Planning Act and associated regulations, such as:
    • Exemption Certificates where appropriate and consistent with community expectations and while maintaining planning transparency and certainty
    • Section 82 approvals for changes, other than minor changes, to a development application.

Key terms changed with new legislation

Table contains information relating to key terms changed with new legislation, including current terms and replaced terms.
Current termReplaced by
the Sustainable Planning Act 2009/SPAthe Planning Act 2016
the Sustainable Planning Regulation 2009the Planning Regulation 2017
Priority infrastructure plan/PIPLocal Government Infrastructure Plan/LGIP
assessment criteriaassessment benchmarks
levels of assessment

categories of development and assessment

OR

categories of assessment (when only referring to code or impact assessment) 

OR

categories of development (where referring to whether prohibited, assessable or accepted development)

exempt developmentaccepted development
self-assessable developmentaccepted development, subject to compliance with identified requirements
self-assessable acceptable outcomesall identified acceptable outcomes

For more information about Queensland Government planning reform and the new state planning legislation visit the Queensland Government Planning Reform

Last updated:9 May 2019