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Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023

Queensland’s planning framework is one of the key tools used by state and local governments to deliver connected, liveable and sustainable communities across Queensland.

The Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023 amends the Planning Act 2016 to improve the planning framework’s response to housing supply challenges.

The Bill includes targeted interventions aimed at facilitating new housing delivery in growth areas including:

  • the ability for the Planning Minister to acquire land and create an easement for critical infrastructure to unblock development in the right locations and at the right time, and
  • a new and streamlined state led assessment process to facilitate development that is a priority of the state, for example affordable housing delivery.

The Bill also makes operational and process improvements to the planning framework to ensure that the system is as efficient as possible. These changes respond to matters that have arisen since the commencement of the Planning Act in 2017.

Some of the key operational and process changes as part of the Bill include:

  • modernising the operation of Development Control Plans and ensuring approvals are valid,
  • streamlining the renewal and registration processes for urban encroachment provisions,
  • removing the requirement for a development approval for particular development for a temporary period of time,
  • improving the functionality of applicable events and temporary use licences,
  • streamlining the Planning Minister’s powers to direct an amendment to a local planning scheme, and
  • reduced regulatory burdens for the State and local governments by improving processes.

On 16 April 2024 the Bill was passed through Parliament.

Consequential changes are now proposed to the Planning Regulation 2017 (Planning Regulation), Minister’s Guidelines and Rules (MGR) and Development Assessment Rules (DA Rules) to support the Bill’s objective in ensuring that the framework is as efficient, effective and responsive as possible.

Key amendments in the Planning Regulation include:

  • criteria for the new State facilitated development pathway,
  • a new ability to impose a development condition for the provision of an affordable housing component,
  • criteria for an affordable housing component,
  • modernisation of terminology used in development control plan areas to terms used in the Planning Act,
  • a new definition for ‘build-to-rent’ development,
  • requirements for applications to register, renew and amend urban encroachment registrations,
  • requirement for applications to extend or amend temporary use licences,
  • requirements to keep particular materials available for inspection and purchase, and
  • minor amendments to update referencing and numbering.

Amendments are also proposed to the Environmental Offsets Regulation 2014 for the new State facilitated development pathway.

Key amendments to the MGR and DA Rules include:

  • criteria for what constitutes an administrative and minor amendment to a planning scheme,
  • a new ability for the Planning Minister to impose a condition on a proposed Temporary Local Planning Instrument (TLPI),
  • a process for assessing and deciding a State facilitated development application,
  • modernised public notice and submission requirements, and
  • general operational and editorial improvements.

Information about the changes

The list below provides further information on changes under the Bill as well as the Planning Regulation, Minister’s Guidelines and Rules and Development Assessment Rules currently open for consultation.

Assent and commencement of Bill

What is assent?

Following the passage of legislation through the Legislative Assembly, two parchment copies of the bill are signed by the Governor on behalf of the King. This is called Royal Assent. Once a bill is assented to it is known as an Act of Parliament.

Commencement of the Bill

A Bill commences on the date of assent unless the Act expressly provides otherwise. Bill’s include specific arrangements for its commencement, as either commencing by assent or on a day to be fixed by a proclamation.

The Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023 commences in part by assent and part by proclamation.

The Bill has passed by Parliament on 16 April 2024 and assented on 26 April 2024.

Provisions that commence by assent

The following provisions in the Bill commence by assent:

Section of the Bill

Amendment

Part 5 – Divisions 1 and 2

  • Public notice and submission requirements for plan making
  • Temporary Accepted Development
  • Change to definition of ‘owner’ and ‘public notice’
  • Clarification of the for ‘building work’ to remove the note with the example of retaining walls
  • Appeal periods for Infrastructure Charges Notices and Change Representations
  • Referral Agency Validation provisions

Part 6 – Division 6

  • Planning and Environment Court amendments

Schedule 1

  • Public notice requirements for the Integrated Resort Development Act 1987 and   Sanctuary Cove Resort Act 1985

Provisions that commence by proclamation

The remainder of the provisions in the Bill will commence by proclamation.

Further information

For further information please contact the Department of Housing, Local government, Planning and Public Works via planning4housing@dsdilgp.qld.gov.au.

Last updated: 03 May 2024