Purpose of the Planning Act 2016

The government of Queensland introduced the new planning Act which substitutes the earlier sustainable planning Act 2009. The main objective of the new planning Act is to obtain the ecological sustainability. The present study covers the two main aspects such as the information regarding the new planning Act approved by the parliament and the practical application of the Act in respect of the property law.

The parliament of the Queensland accepted The Planning Act 2016 in May 2016, and by this date new Act was implemented in the whole state. The present Planning Act 2009 will be replaced by the New Planning Act 2016 from 3 July 2017.  The three essential aspects covered in the new planning system namely building the plan, growth assessment and addressing the disagreement with the state and the local government allocating the obligation in providing it (Steele, and Dodson, 2014). Further, the system is based on the performance which assists the manner of obtaining the growth through the innovation and the elasticity along with the requirement and the expectation of the society (Frew, Baker, and Donehue, 2016).

The planning act by keeping up to date its process, procedures and forms formulating a similar change in its planning scheme as the council has passed the Planning Act 2016 and the act will commence from 3 July 2017.

The new Act consists with the in what manner the planning tools are built and amended and how they are connected with the other mechanism. The three essential aspects of the new planning system are described below-

• Building the plan: this aspect of the planning system described the tactical planning and the growth of all over the state along with the local planning method designed by the local government (Queensland Government, 2018).This explained about in which area the growth can arise and what type of application requires permission from the council for the use of land development.
• Development assessment: The procedures for the development assessment and application requirement are defined in this aspect so that the local government evaluate and take the decision on the application related to the land and development use (A snapshot of the Planning Act, 2016).
• Dispute resolution: In this aspect dispute resolution process by the planning and the environment court elaborated and for the simple technical matter related dispute resolution through the development tribunal defined. Further, the dispute resolution through the development tribunal is not expensive and also less formal. 

Moreover, procedures for creating the local instrument are properly explained in another instrument such as guidelines and rules of Minister. The new provision comprises with the more flexibility for the state government to discuss with the state practice for building the plan which is the best according to the requirement to the company (Williams and Williams, 2016). This is constructed on the basis of principles, or the adopted standard process can also be used. In the plan development also the state interest can be considered.

Largely, the new law assists an upgrading over the earlier planning system of the Queensland. Difference between the current law and the new law are described below

• In the present Act state planning regulatory provision, Queensland Planning Provisions along with the compliance assessment and permits used however in the new act there are only two planning instrument names as the state planning policy and the regional plans.
• The new Act consists of the three types of development categories as well as the theory of a categorizing instrument that classifies development. In the categorization instrument, there is provision for the application is defined such as prohibited, accepted and assessable. For the prohibited development application cannot make, for the accepted development, no need for the application and for the assessable development, the approval is required.  Further, the assessable development may be the code assessment or the impact assessment. In the code assessment, the application can be assessed according to the standards already set and in the impact assessment the assessment on the basis of the standard along with some related aspect.
• Community discussion by the local government and the compulsory consultation on state planning instrument in the new planning system greater time will be needed (Warnken, and Mosadeghi, 2018).
• A new provision is inserted with respect to the infrastructure charges, which enables the local government to levy the charges in some conditions. Further, the new planning system also offers for the automatic indexing of charges (Queensland Government, 2018).
• The definition of the building work, operational work and what is regarded as a material change of use also amended.
• The new Act contains a procedure for the assessment system and offers for the making of the Development Assessment Rules which are independently reflect the assessment process and at the time of applicant apply for the application, changes in the application or withdraw the development application; it is mandatory to follow all the prescribed rules.
• In the new Act, there is a requirement of the independent inspection by the body which leads to the more focus on the ecologically sustainable development and safeguarding of inheritance building (DSS Law, 2018).

Further, the new Act also contains some transitional provision that will protect current arrangement to some extent.

The new planning system is all about developing Queensland in a manner which is good for the community as a whole from urban to the remote. Further, this system has operations in the Government of Queensland’s state legislative structure for the land-wide planning. It considers the requirements of communities, councils and developers. In essence, in practical terms, this effective planning will assure the sustainability, prosperity and effectiveness of the communities for today as well as future (Queensland Government, 2018). To this note, this planning will help in anticipating individual needs, while maximizing the strengths and mitigating the challenges which are experienced by the communities. Thus, this new planning system brings with the new regulatory planning structure for Queensland, with the commencement, and this Act will do the replacement of the existing current Sustainable Planning Act 2009 (SPA). Simultaneously, the Act provides a new framework and makes the introduction of some new justified instruments, most of the current planning and development theories are known to this use of the SPA which is sustained with some modifications.

Implementation Date

This Act intents to form an effective, integrated, mutual, and accountable and transparent system and framework of the planning of using land, development assessment and associated facts that ease in the attainment of sustainability (Queensland Government, 2017). With the implementation of the new planning system, in the practical scenario, it will ensure the maintenance of economical, social and cultural welfare of individual and societies inclusive of the accounting for possible drastic effects of the development or climatic changes, and having the tendency of addressing the effects with the help of sustainable development. This has set out planning as well as development assessment protocols to secure all or elements of a local government from drastic impacts in urgency and reducing the impacts of their operations in environmental terms with the environmental management procedures.

The new legislation creates a system which provides, better transparency yet accountability in the decisions, for the state as well as local government, and in present time it is needed to publish the rationales for development decisions (Frew, Baker and Donehue, 2016). With the application of the new planning system, there would be more transparency for the society while it will guarantee higher accountability for the decisions which are based on the assessment.

In addition, the new planning system comes with several key benefits in the practical terms, such as better certainty, the new system sustains the category of code assessable of development from the existing system. However it possesses some severe provisions (Queensland Government, 2018). Formerly, the decision makers were able to draw on the other related parts of the scheme of planning, external the cost to support a decision. However, in the present, they are restricted to assess the assessment benchmarks on their own.  In this way, the new planning system states that is all the assessment benchmarks and codes are met by the applications, and then it shall be approved, to ensure certainty thereof.

With the practical implication of this system, constant flexibility could be driven, as there will be development proposals which are not estimated by the planning scheme, in the similar trend the new planning system considers by being more performance oriented, means that any implementation can be in opposition to the planning scheme till the time it is banned development (Wensing, 2016).  Moreover, each development applications that are affecting assessable are required to entail public based notification to enable the community to state their opinions.

Three Essential Aspects of the New Planning System

In consideration of this new planning system in practical terms, it comes with other benefits as well, which are inclusive of community members can now make appeal of development based decisions with no force of cost orders, communities participation with this will be provided higher prominence in each statutory instruments and tools, given to local government to help them in making effective consultations (van den Nouwelant and et al., 2015).

The new planning system in practices, make local governments consult with their communities for a long period while considering a new planning scheme. With this commencement, the state heritage gains more solid protection, due to the new requirement that reviews some development proposals that can create an adverse impact on the site.  In addition, the local government can also improvise infrastructure charges imposed on the new developments to allow them to serve crucial community infrastructure. On and on, the ecological sustainability will be posted at the core of the planning system, especially for the future generations, so that they can also make use of the resources and other aspects in an optimum manner.

Conclusion

By considering the new planning system and framework, it can be concluded that the new planning system is made up of three major categories, which are plan making, development assessment and dispute resolutions and these intent to serve better and strategic planning for Queensland by permitting better planning and ensuring greater development outcomes.  Further, it can be that the new planning law is more effective, efficient and transparent. It contains three main aspects which are described above. Further it has been seen that this Act more emphasis on the ecological sustainable development as compare to the earlier Act.

References

Frew, T., Baker, D. and Donehue, P., 2016. Performance based planning in Queensland: A case of unintended plan-making outcomes. Land Use Policy, 50, pp.239-251.

Steele, W. and Dodson, J., 2014. Made in Queensland: planning reform and rhetoric. Australian Planner, 51(2), pp.141-150.

van den Nouwelant, R., Davison, G., Gurran, N., Pinnegar, S. and Randolph, B., 2015. Delivering affordable housing through the planning system in urban renewal contexts: converging government roles in Queensland, South Australia and New South Wales. Australian Planner, 52(2), pp.77-89.

Warnken, J. and Mosadeghi, R., 2018. Challenges of implementing integrated coastal zone management into local planning policies, a case study of Queensland, Australia. Marine Policy, 91, pp.75-84.

Wensing, E., 2016. Indigenous rights in land use planning strengthened in Queensland. Native Title Newsletter, (Aug 2016), p.8.

Williams, P.J. and Williams, A.M., 2016. Sustainability and planning law in Australia: achievements and challenges. International Journal of Law in the Built Environment, 8(3), pp.226-242.

Online

A snapshot of the Planning Act, 2016. (pdf). Available from < https://www.dlgrma.qld.gov.au/resources/planning/better-planning/snapshot-of-planning-act-2016.pdf>. [Accessed on 9 October 2018].

DSS Law, 2018. HAVE YOU PLANNED FOR THE NEW QUEENSLAND PLANNING ACT 2016? (Online). Available from < https://dsslaw.com.au/new-queensland-planning-act-2016/>.[Accessed on 9 October 2018].

Queensland Government, 2017. Your guide to the Planning Act 2016 (pdf). Available from < https://dilgpprd.blob.core.windows.net/general/your-guide-to-the-planning-act-2016.pdf>.[Accessed on 9 October 2018].

Queensland Government, 2018. All planning laws and regulations (Online). Available from < https://planning.dsdmip.qld.gov.au/planning/our-planning-system/the-legislation/all-planning-laws-and-regulations>. [Accessed on 9 October 2018].

Queensland Government, 2018. Legislation (Online). Available from < https://www.qld.gov.au/environment/pollution/management/offsets/legislation>.[Accessed on 9 October 2018].