On 3 July 2017, Queensland’s new property planning system commenced. The system was implemented by the Planning Act 2016 (Planning Act) to replace the previous system under Sustainable Planning Act 2009. The new system relies on various pieces of legislation, regulations and rules including the Planning Act and the Development Assessment Rules (DA Rules) that make up the development assessment framework.
The changes to the development assessment framework amends the categories of development which are now classified as ‘accepted, assessable or prohibited’ development. ‘Assessable’ development is now either code assessable or impact assessable and must be carried out with a development approval.
The IDAS system is replaced by the DA Rules which is now the new instrument used in the development assessment process for obtaining a development approval. The DA Rules consists of 5 parts to the development assessment process as follows:
Application;
Referral;
Information Request;
Public Notification;
Decision.
The DA Rules incorporates various changes to the development assessment process including the terminology and definitions used, the procedures for obtaining development approvals such as the ability to opt out of an information request, increasing the flexibility for the placement of public notices on premises, the removal of automatic time extensions and the ability to stop a current period for a maximum of 130 business days.
We encourage anyone who is unsure of their obligations under the Planning Act to contact the property team at Creevey Russel Lawyers Team on 07 4617 8777 to obtain further advice tailored to your individual circumstances.
Cameron Hagan Lawyer Property Team Ph: 07 4617 8777 email: chagan@crlawyers.com.au