Red tape relaxation...for a while anyway

New Planning Regulation eases red tape on developers and local governments during the Covid-19 Pandemic

Highlights

Queensland's planning framework has been amended by the Planning (COVID-19 Emergency Response) Regulation 2020 to change the requirements for public notification of applications and to change the requirements for keeping documents available for inspection

Consideration

On 26 June 2020, the Planning (COVID-19 Emergency Response) Regulation 2020 ("the Regulation") was made.  The Regulation will continue to have effect until 31 December 2020.

The Regulation amends the requirements for giving notice of a development application or change application under the Planning Act 2016, section 53(1) and the Development Assessment Rules.

The reference to giving public notice by publishing a notice at least once in a newspaper circulating generally in the locality of the premises the subject of the application will now be taken to mean:-

1. a hard copy local newspaper for the locality; or
2. in the event that there is no hard copy local newspaper for the locality, an online local newspaper for the locality.

In the event that there is no local newspaper for the locality of the premises the subject of the application, publication of the notice can be undertaken in 1 or more of the following ways:-

1. by publishing, at least once in a hard copy State or national newspaper, a notice that complies with the relevant public notice requirements for the application;
2. by publishing, at least once in an online State or national newspaper, a notice that includes the relevant information for the application;
3. by giving a notice that complies with the relevant public notice requirements for the application to the occupier of each lot in the identified area for the application;
4. if the assessment manager for the application publishes development applications and change applications on its website under the Planning Regulation 2017, schedule 22, section 7 - by publishing on the website a notice that includes the relevant information for the application.

Under the Planning Act 2016, section 264(4), persons, including local governments, who have powers or functions in relation to the Act are required to keep available for inspection only or inspection and purchase a vast array of documentation.  Whilst the Regulation is in operation and as an alternative way to facilitate the inspection requirement, the document holder may instead give a copy of the document, upon being satisfied that giving the copy is appropriate to:-

1. protect the health, safety and welfare of persons affected by the COVID-19 emergency; or
2. facilitate the continuance of public administration disrupted by the COVID-19 emergency.

For further details in relation to these pandemic specific planning regulations email Kristie Taylor or contact our Planning and Environment Group on (07) 3243 0000.