In Queensland, changes to a local planning scheme may impact your development plans, either positively or negatively. Fortunately, the Queensland Planning Act 2016 provides a mechanism for you to seek assessment under a superseded planning scheme if you find that recent changes don't align with your property goals.

What is a Superseded Planning Scheme?

According to Section 29 of the Planning Act, a superseded planning scheme is one that was in effect immediately before it was amended, replaced, or had policies repealed or new policies introduced.

When Can You Make a Request to be assessed against a Superseded Planning Scheme?

You have a one-year grace period, starting from when the planning scheme is superseded, to make a request for assessment under the superseded planning scheme. This allows you to gauge the local government's stance before proceeding with your development plans.

The Decision-Making Process:

Once you've submitted your request, the local government has 30 business days to decide whether to agree or disagree with it. This period can be extended by mutual agreement.

Within five business days of making the decision, the local government must provide you with a decision notice. If they fail to do so, they are considered to have agreed to your request.

When the Local Government Agrees to Assessment against a Superseded Planning Scheme:

Request to Assess a Development Application: If your request is to assess a development application under the superseded planning scheme is approved, you must submit the development application within six months of the local government agreeing to your request. The assessment will be conducted as if the superseded planning scheme is still in effect.

Request to Carry Out Development: If the local government agrees to your request, you may proceed with the development under the superseded planning scheme. The decision will be subject to the same currency periods and appeal rights as a standard development approval.

Compensation for Adverse Planning Changes:

If your interests in a property are negatively affected by changes in planning schemes, you may have the right to claim compensation under certain circumstances. However, compensation is not applicable in all cases, such as when changes are related to infrastructure or hazard reduction.

Seeking Expert Advice:

Navigating the complexities of planning schemes and development assessments can be challenging. Expert town planning advice can help you understand your rights and options, whether you're applying for approval under a superseded planning scheme or seeking compensation for adverse planning changes.

Conclusion:

In Queensland, the Planning Act 2016 provides a valuable avenue for individuals and property owners to seek assessment under superseded planning schemes or claim compensation in specific cases. By understanding the process and seeking expert advice when necessary, you can protect your interests and make informed decisions about your development plans in the ever-changing landscape of urban planning.