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Law Reform · Healthy Communities

You and Qld's new Planning Act framework

02 September, 2017

Know your rights and how to become involved in key planning law. Following sold out events in Toowoomba, EDO Qld’s planning LawJams ‘Saving the Green’ is heading to the Sunshine Coast on Thursday 28 September 2017. 

RSVP HERE for Saving the Green in the Sunshine Coast, Thursday 28 September 2017

Did you know there are several key planning law rights available to you...

  • Written submissions:
    a) Planning instruments – state and local
    b) Development applications - DA for impact assessment OR variation request to change a planning scheme

  • Third party appeals

  • Third party Declaration/enforcement order powers

And new instruments to be aware of...

  • Planning Act 2016

  • Planning and Environment Court Act 2016

  • Planning Regulation 2017

  • Development Assessment Rules

  • Minister’s Guidelines and Rules

As well as time periods for public submissions...

  • for an application that includes a variation request— 30 business days

  • For any other application—15 business days

  • Regulation can specify longer public notification periods (>15 business days) for certain types of application (but none specified in Regulation currently).

There are also many points to note...

  • The assessment manager may assess and decide a DA even if some of the requirements of the development assessment rules about the notice have not been complied with, if the assessment manager considers any noncompliance has not— 

a) adversely affected the public’s awareness of the existence and nature of the application;

b) restricted the public’s opportunity to make properly made submissions about the application.

  • Any person, other than the applicant or a referral agency, may make a submission about the application.

  • Submissions must be properly made to be considered AND to grant appeal rights

  • If a DA is withdrawn or lapses, and a not substantially different DA is submitted within 1 year of lapse or withdrawal – previous properly made submissions remain valid

Submissions must be properly made...

  • Signed by each person who made the submission

  • Received within the time frame specified

  • States the name and residential or business address of all submission-makers

  • States its grounds, and the facts and circumstances relied on to support the grounds

  • States 1 postal or electronic address for service relating to the submission for all submission-makers is made to the correct entity e.g. the assessment manager for DAs

Find out how to make a great submission at our next planning LawJam or watch past planning LawJams on video.

Environmental Defenders Office Queensland (EDO Qld) gives a strong legal voice to the environment when needed most.

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