Planning and Environment

We regularly distribute updates to our clients and contacts on specialised areas of law.

Please contact us if you wish to be added to the distribution list for these newsletters. The information is accurate at the time of writing but the law may have changed. You should treat this information as general advice only and seek specific advice for your particular circumstances.

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Temporary Local Planning Instrument template

Is your local council area struggling to provide enough accommodation for its residents? In the interests of the community P&E Law has drawn up a Temporary Local Planning Instrument (TLPI) template that can be adopted by any local government to give IMMEDIATE relief to the housing shortage issue in a local government area. Whilst long term solutions are needed for the housing/rental shortage crisis, the time taken for more housing to be built is lengthy in the current market where there are significant labour and construction material shortages. This TPLI provides various opportunities for immediate housing accommodation. [Oct 2021]

P & E Law proposed amendment to Noosa Council Local Law No 3 – “Good Neighbourhoods” amendment

Is the short-term letting local law too divisive and can a better balance be achieved by a Good Neighbourhoods local law? As part of our commitment to the local community we drafted a proposed amendment to Noosa Council’s Local Law 3 to promote good behaviour in the community. The council in its 12-month review of the short-term letting local law is now considering a Good Neighbour Policy. [April 2023]

P&E Law Planning Cheat Sheets – All

Our cheat sheets can provide a quick overview on minor changes, currency of development approvals and conditions. Handy tools if you work in the areas of planning or local government.

P&E Law Cheat Sheet: Minor changes to approvals

This cheat sheet provides a quick overview on Minor changes to approvals – handy if you work in the areas of planning or local government. Click here to download the PDF cheat sheet. [October 2021] The process for making a change application under the Planning Act is set out in sections 77 to 83, which includes the process for ‘minor change’ and ‘other change’ applications. Who is The Responsible Entity For Assessing A Change Application? (Section 78A) The ‘responsible entity’ for assessing a change application is: a) if the change is a minor change to a condition that a referral agency imposes – the referral agency; or b) the Planning and Environment Court if: i. the application is for a minor…

P&E Law Cheat Sheet: Conditions

This cheat sheet provides a quick overview on Conditions – handy if you work in the areas of planning or local government.

P&E Law Cheat Sheet: Currency of Development Approvals

This cheat sheet provides a quick overview on Currency of Development Approval – handy if you work in the areas of planning or local government. Click here to download the PDF cheat sheet. [October 2021] WHEN CAN DEVELOPMENT START? Development under a development approval may start when – any necessary development permits have started to have effect pursuant to s 71 of the Planning Act; any development conditions of the permits that are required to be complied with before development starts have been complied with; and if there is an appeal – when the appeal ends or the tribunal/court makes an order permitting the development to commence. WHAT ARE THE DEFAULT CURRENCY PERIODS? Material change of use – 6 years.…

Noosa Short-Term Long-Term Accommodation Information Booklet

There has been much public discussion of the impact of the changes in the 2020 Noosa Planning Scheme on Short-Term and Long-Term Accommodation. In this article we review the history around the changes, the definition of Short-Term and Long-Term Accommodation, existing use rights, some considerations around existing approvals, superseded planning scheme applications and the prospects of obtaining an approval for Short-Term accommodation. Click here to download the PDF document. [October 2021] NOOSA — SHORT-TERM AND LONG-TERM ACCOMMODATION History Noosa Plan 2020 commenced on 31 July 2020. The public consultation about the draft Planning Scheme showed a divided community in relation to the allocation of short and long-term accommodation. Noosa Council attempted to address that division by substantially redrafting Planning Scheme provisions…

Appeals filed after the commencement of the Planning Act 2016

On 30 April 2018, Her Honour Judge Kefford DCJ delivered her Judgment in Jakel Pty Ltd & Ors v Brisbane City Council & Anor [2018] QPEC 21. The Issue One of the primary issues in this case was whether the decision making regime under the Sustainable Planning Act 2009 (SPA) or the Planning Act 2016 (PA) applies, in respect of a development application that was: lodged while the SPA was in force; decided after commencement of the PA; and the subject of an appeal filed after commencement of the PA (on 3 July 2016). Both parties accepted that pursuant to section 311(4) of the PA, the administrative steps/process applicable to the appeal are those prescribed under the PA. The dispute…

The Blue Dot

Protected Plants Flora Survey Trigger Map There has been a spike in “blue dot” enquiries on vegetation mapping. Numerous requests have been raised about the “high risk area” trigger map under Nature Conservation Act 1992 (“NCA”) and Nature Conservation (Wildlife Management) Regulation 2006 and interactions with the Property Maps of Assessable Vegetation (PMAV) under the Vegetation Management Act 1999 (“VMA”). Interaction between different legislation Where property is shown as ‘category X’ non-remnant vegetation in the Regulated Vegetation Management Map, registration of a PMAV should ensure this category of vegetation is “locked in”, subject to future legislative changes, should any occur. Regulated Vegetation Management Map However, where your land appears under a NCA trigger map as a high risk area for…

Validity of Infrastructure Charges Notices

A recent decision of the Planning and Environment Court may have implications for the validity of Infrastructure Charges Notices (ICNs) issued by Council under the Sustainable Planning Act 2009 (SPA), and, to a lesser extent, the Planning Act 2016 (PA). On 4 May 2018, Her Honour Judge Kefford DCJ published her decision in Sunland Group Ltd & Sunland Developments No.22 Pty Ltd v Gold Coast City Council [2018] QPEC 22. In these proceedings, Sunland Group Ltd and Sunland Developments No.22 Pty Ltd (Sunland) sought declarations regarding the validity of five ICNs issued to Sunland Group Ltd, which notices were issued contemporaneously with decision notices granting development permits for material change of use and reconfiguration of a lot. Each ICN included…

Vegetation Management

If the State of Queensland representing the people of Queensland decides to protect the natural vegetation based upon good science, then the current vegetation management regime is ineffective. Governments of different political persuasions take different views in relation to what ought to be protected and how it ought to be protected. A bipartisan approach to vegetation management is needed. Since the commencement of State vegetation management legislation, the frequency of change to accommodate different policy approaches has failed both conservation and commercial interests. Natural cycles of vegetation growth and regrowth cannot be accommodated during one political party’s term/s in office. The nature of the vegetation growth and regrowth is not secured over time and the environmental values are not given…

Airbnb

The debate is ongoing in relation to holiday and permanent use of accommodation. In New South Wales the state government and councils have vacillated from trying to regulate Airbnb accommodation to not regulating it. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allow premises to be used as bed and breakfast without Council consent and this applies across NSW.” In Waverley – another popular Sydney Airbnb hang out – short term renting is not allowed without prior approval from the council. …. “If council receives a complaint about a property being used for short term accommodation without approval, we inspect the property, and the owner is requested to stop using the building illegally. Legal action will then be…

Roads – A Public Right of Passage

There needs to be an accord between community and government when considering the use of roads. There has been an abject lack of accord in some local government areas recently, and community meetings and open forums can be a positive attempt to advance agreement. An understanding of the common law basis of roads and the statutory variations to the common law may lead to a better appreciation of the need for an accord. That understanding may lead to a clearer consideration of questions like those following: Whose responsibility is it to mow the footpath? Can you plant a tree on the footpath? Can you construct the pathway across the footpath to your property boundary? Can you hold a sporting event…

Verdant Verges

The Sunshine Coast Regional Council has recently become embroiled in a turf war over footpath planting. Its response is to provide a Permit Application process under the local laws. This may not be the right process. Development is defined in the Planning Act 2016 and includes “operational work” which is: operational work means work, other than building work or plumbing or drainage work, in, on, over or under premises that materially affects premises or the use of premises. (Underlining added) It is important to note that there must be a “material” affectation. Materiality must be considered in the context of the use. At common law the use of a road is for a “right of passage”. That use has probably…

Local Law Signs

The use of signs by local government is an appropriate mechanism to inform people of appropriate conduct in accordance with the Council’s local laws. The model local laws applied in Queensland require local governments to take reasonable steps to provide notice to members of the public and variously defines “reasonable steps”. By way of example: reasonable steps include, as a minimum, the display of a notice at a prominent place within the dog off-leash area indicating the extent of the area. reasonable steps may include the display of a notice at a prominent place within each local government controlled area for which a declaration under subsection (1) (b) has been made, stating- if the declaration relates to the whole area-the…

A Load of Rubbish

1 July 2018 is the cut-off date for local governments to introduce local laws to replace the State government waste management laws that will expire on that date.1 Time is running out for local governments to meet all of the obligations of the local law making process prior to the cut-off date.2 The state government waste management laws that are to expire form the basis for local governments to control waste collection within their local government areas in “waste collection areas”.3 Without that control domestic and commercial curbside waste collection services could be undertaken at the behest of each individual owner or occupier of premises without regard to Council. It is likely that local governments that have entered into contracts…