Amendments to the Planning Regulation 2017 – April 2024

This is an overview of the amendments to the Planning Regulation 2017 ( 390.2 KB) as a consequence of the Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023 (the Bill).

What is the Planning Regulation 2017?

The Planning Regulation 2017 (Planning Regulation) is part of the Queensland planning framework and is subordinate legislation to the Planning Act 2016 (Planning Act). It sets out matters that support the Planning Act, including:

  • key assessment functions
  • assessment triggers
  • prescribed categories of development
  • regulatory requirements (i.e. zones or land use definitions)
  • fees
  • definitions.

Why are amendments to the Planning Regulation 2017 necessary?

The Bill proposes a raft of new measures aimed at improving the planning framework’s response to housing supply challenges. It also includes a suit of amendments to ensure that the system is working as efficiently as possible.

Consequential changes to the Planning Regulation support the Bill’s objectives to ensure that the framework is responsive, efficient and effective in removing barriers affecting housing and land supply in areas where growth should be occurring.

They will guide how the amendments will operate, provide for the relevant matters that the community and applicants should consider in applying to use the new powers and provide for transparency, in identifying the information that must be made available to the public.

Key features

  • modernising the operation of Development Control Plans within the planning framework
  • setting requirements for applications to register, renew or amend an urban encroachment registration (including, the requirement for public consultation)
  • setting requirements for applications to extend or amend a temporary use licence
  • providing for the processes relating to declaring a State facilitated development (SFD) including, the effect of particular notices on the development assessment process
  • providing key criteria for the declaration of an application for SFD
  • including a new definition for what constitutes a ‘affordable housing component’ and provide further detail about the parameters for a condition that may be imposed for the provision of a social and affordable housing element.
  • providing for the materials to be made publicly available for inspection or purchase for State facilitated development and temporary use licences; and
  • minor changes to update the references for the designation process rules, DA rules and MGR.

A consequential change is also made to the Environmental Offsets Regulation 2014 to create a new prescribed activity for which an environmental offset may be imposed, which is specific to applications for State facilitated development.

Summary of the changes

Section of the Planning Regulation

Proposed amendment

Affordable housing component

New s43A and s43B

Schedule 4, schedule 24

  • Amendments to the Regulation to support the conditioning of an Affordable housing component.
  • Criteria for the conditioning of ‘affordable housing component’.
  • Transitional provisions to identify ‘affordable housing’ in schedule 4 (and referred to in local planning instruments) now means Affordable housing component.

Applicable event and temporary use licences

New s68A and 68C, schedule 22 s11

Economic Development Regulation 2014 – new s7A and s7B

Amendments are proposed to:

  • require the register of temporary use licences to reflect those that are amended, cancelled, or suspended
  • identify application requirements for amendments and extensions to temporary use licences, including:
    • the applicant’s name and contact details
    • the period of the extension sought, or details of the amendment sought
    • the grounds for the extension or amendment.

Build to rent

Schedule 4

Inclusion of an administrative definition for Build to rent.

Development control plans

New s15A

New Part 8C

Amendments to the Planning Regulation will translate terms used for categories of assessment in development control plans to those used under the Planning Act. Amendments also clarify the interaction with the koala habitat provisions.

State facilitated development (SFD)

New Part 5A, schedule 22 s11

Environmental Offsets Regulation 2014 – schedule 1

The amendments will provide for:

  • the criteria for the declaration of a state facilitated development (new section 51B)
  • the materials to be made publicly available for inspection or purchase by the Chief Executive
  • the effect of particular notices (such as the proposed declaration notice) on assessment processes under the standard development approval pathway
  • the criteria for conditioning an affordable housing component.

Amendments to the Environmental Offsets Regulation will allow for the conditioning of offsets for development approval via the SFD pathway.

Urban encroachment

Part 8 division 1 and 2, s58-s60, s62-s63, New Part 8 division 2A

  • Updated requirements to clarify what material should be supplied with an application following public consultation
  • The requirements for applications to amend registration to include additional land in affected area, including:
    • what material the applicant must provide
    • ability for the Minister to request additional information
    • what matters the Minister must assess the application against
    • the content of notices which must be sent if the Minister approves the application
  • Requirements for public consultation notices

Minor updates to references

S10, s15, s44

Corrections/updates to references in the Regulation or Planning Act to reflect new numbering.

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: 22 Apr 2024