The New Sustainable Planning Act 2009 (Qld)

The Sustainable Planning Act 2009 (Qld) came into effect on 22 September 2009. 

The new Act is in response to the 2007 report "Planning for a Prosperous Queensland: a Reform Agenda for Planning and Development in the Smart State."   The purpose of the new Act is to increase accountability, co-ordination and integration, effectiveness, efficiency and capacity for  delivery of sustainable outcomes.  It is intended to achieve streamlined development processes and better planned communities and, to ensure the preservation of environmental values and places of scenic beauty.

Applicants have a responsibility to provide information to enable efficient and effective assessment.  Local governments (as assessment managers) will have the responsibility of assessing applications in a timely manner to ensure the level of assessment is appropriate for the application.  Where input is required from other government agencies, those agencies have a responsibility to ensure that the State's interests are expressed and there is no over-regulation or undue delay in assessment time frames.

It is intended that the planning system reacts to the nature of the development so that as the proposed development becomes more complex, the process becomes more complex but with a simple development, the process should be simple.  The government calls this a "fit for purpose tool".  There is a deemed approval mechanism for appropriate code assessable applications.

The Act imposes an obligation to consider sustainable outcomes including the environmental impact of the development on climate change.  For the first time climate change has been specifically recognised in the Act as a key factor influencing the sustainability of  communities and referenced as a prime example of key planning and community issues.

The act also clarifies the precedence and relationship between state planning instruments including local governments.  It introduces improved priority infrastructure planning processes to assist councils to forward plan and resource community infrastructure for the future.