A new plan-making framework Mary Mealey Rebecca Kenny Crystal Baker
Plan-making framework What we’ll be covering • Key changes in the planning system • Elements of the new framework • Scheme drafting under the Planning Act • A new State Planning Policy
Plan-making framework Key changes • Two state planning instruments (SPP and RP) instead of four • New instrument for making and amending local planning instruments (MGR) • Includes new tailored process for making schemes • Infrastructure designations managed by Planning Minister • Community engagement toolkit
Plan-making framework Minister’s Guidelines and Rules Act Regulation Local planning Includes SPRP policy Matters the chief executive must consider when instruments and deciding flexible plan making their content Regulated requirements Set process for amending planning schemes State Planning Policy including: Minister’s Guidelines • and Regional Plans for LGIPs • retained and Rules prescribed a planning change addressing natural hazards • by the Regulation. making and amending PSPs and TLPIs Guidelines provide for flexible process Guidelines for environmental assessment and for making planning consultation for Ministerial designations schemes Process rules for local government designations. Public notification requirements
What it means for schemes Transition process • IPA/SPA scheme = Planning Act scheme from 3 July 2017 • New code decision rules – bounded assessment • All councils needed to look at their codes for risk factors • Council had several options: Do nothing (rely on Chapter 8 of Act) Alignment amendment rules (s293) – amend terminology and codes, no change to policy Make policy amendments – using MALPI or MGR (when made) • About half of councils (incl Brisbane) have opted to ‘align’ their schemes
Key scheme issue - new code decision rules
Alignment amendments Two options • For adopted / commenced schemes: Alignment Amendment Rules Gazetted Nov 2016 s293 of Planning Act 2016 No consultation required • For ‘pipeline’ schemes / amendments: s287(3) (Minister’s power) • Terminology changes • Changes to codes to make policy clearer • No change to POLICY
What do planners need to know?! Scheme transition • Where are the schemes you work on at? • Alignment amendment rules – get across them… you might need to use them in the future • Ability to communicate the change to your clients Get ahead of the game!
Scheme drafting under the Planning Act Mary Mealey Scheme Transition Manager, DILGP
Scheme drafting under Planning Act Key elements • A new instrument that provides for a tailored process • More flexibility on substance of a scheme • How the process is consulted on, all different!
Scheme drafting under Planning Act Minister's Guidelines and Rules • Tailored process • New qualified state interest amendment process • Greater accountability - statutory timeframes and ways to manage them • Natural hazard provisions • A new for councils to submit and track their schemes.
Making and amending local planning schemes Rules process (s20 of the Act) Tailored process (s18 of the Act) Making and amending schemes Amending schemes only Process set by notice given by the Act prescribes that the process set chief executive out in the Minister’s rules must be followed Provides for flexibility in the process, such as concurrent stages Four amendment types: administrative, minor, qualified state Minimum public consultation interest, major requirements Process may be changed by an amended notice – can be given by the CE or requested by LG
Scheme drafting under Planning Act Major amendment • Largely retained from MALPI • Optional confirmation of state interests – by CE • Minister retains SIR and approval for adoption • Public consultation required • Minister/ CE timeframes elevated from KPIs to statutory timeframes • Formalised pause, further information provisions
Scheme drafting under Planning Act Regulated requirements • Replace the mandatory content and format of the QPP: • use and administrative terms and definitions • zone names, purpose statements and mapping colours • A statement identifying the state planning instrument and how it applies and is integrated into the planning scheme (SPP) • Regulated requirements are located in the Planning Regulation 2017 and apply to the extent of any inconsistency with the planning scheme (S16(3) of the PA) • Applies when the LG make an amendment to an existing scheme after commencement of the Act or a new planning scheme prepared under the Planning Act • Supported by guidance to assist LG
Scheme drafting under Planning Act Guidance • Comprehensive guidance document to help practitioners apply the regulated requirements • Templates • Support from the department when drafting commences (as always!)
Scheme drafting under Planning Act Community Engagement Toolkit • Key element of reform is enabling positive and authentic community engagement • Supports the Minister's Guidelines and Rules • State has developed a supporting engagement toolkit to help local government and the community talk about planning • Toolkit will house practical tools, case studies and be curated by the department to ensure it remains a contemporary guide • If you want to showcase your engagement efforts, contact us at bestplanning@dilgp.qld.gov.au.
What do planners need to know?! Scheme drafting • What is the new process for making and amending • Regulated requirements • Opportunity to drive new process to help your clients developing their new schemes • Help your clients deliver exceptional community engagement! Get ahead of the game!
State Planning Policy Crystal Baker Manager, DILGP
SPP July 2017 What is it • Queensland’s pre -eminent State planning instrument • Expresses the state interests in land use planning and development, consisting of: - state interest statement - state interest policies - assessment benchmarks, where applicable • For use by state and local government: - land use planning and plan-making - development assessment
SPP July 2017 Key changes – structural, policy and mapping Structural changes • consolidates state interest statements • consolidates and refines state interest policies & assessment benchmarks • majority of codes moved to guidance Policy changes • expanded guiding principles • new state interest – Infrastructure Integration • policy changes across many state interests Other changes • alignment with Planning Act • clarification regarding how the SPP works SPP Interactive Mapping System
SPP July 2017 Key policy changes • Liveable communities and housing • Housing supply and diversity • Liveable communities • Economic growth • Agriculture • Development and construction • Mining and extractive resources • Environment and heritage • Biodiversity • Coastal environment • Cultural heritage • Water quality
SPP July 2017 Key policy changes • Safety and resilience to hazards • Emissions and hazardous activities • Natural hazards, risk and resilience • Infrastructure • Energy and water supply • Infrastructure integration – NEW • Transport infrastructure • Strategic airports and aviation facilities • Strategic ports
SPP July 2017 What you need to know • Planning schemes do not need to be amended on 3 July 2017 to appropriately integrate SPP changes • Business as usual: • the SPP applies instead of a regional plan or local planning instrument to the extent of any inconsistency (i.e. if there is a gap) and only if relevant • Planning Regulation 2017 – requires a statement to be included in a planning scheme: • if the Minister is satisfied a planning scheme appropriately integrates all or part of the SPP, • to confirm the name and date of the SPP with which the planning scheme aligns and whether all or part of the SPP is appropriately integrated • Planning Regulation 2017 clarifies that the assessment manager may determine the relevance of the SPP to development assessment
Clarifying how the SPP works For plan making:
Clarifying how the SPP works For development assessment: • The SPP applies to development assessment if a state interest is not appropriately integrated in a planning scheme • Assessment benchmarks are only applicable to assessment managers for 5 state interests : • Liveable communities • Mining and extractive resources • Water quality • Natural hazards, risk and resilience • Strategic airports and aviation facilities • Regardless of assessment benchmarks, the SPP remains a matter to have regard to, to the extent relevant
Using the SPP July 2017 Determining the relevance, ‘gap’ or inconsistency Updated SPP Updated SPP Updated SPP Single SPP 16 state interests 16 state interests 17 state interests 16 new state interests Minor changes Minor changes Key policy changes December July April July 2013 2014 2016 2017 If a planning scheme was approved as complying with a previous version of the SPP, the ‘gap’ is the different policies in the July 2017 compared to previous version of the SPP, to the extent relevant
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