Improving construction industry productivity – land use regulation reforms

Recommendation 23 - Interaction of planning and building regulation

Commission an independent review of the Planning Act 2016 (Planning Act) and the Building Act 1975 (and associated regulations) to reduce uncertainty and unnecessary regulatory impost on building design.

The Government agrees in principle with this recommendation.

Implementing this recommendation is a significant regulatory reform involving two acts, subordinate legislation and statutory instruments. The expert leading the review should work in collaboration with the relevant agencies, rather than independently.

Consideration will also be given to extending the review to include the Economic Development Act 2012.

Recommendation 24 - Efficient use of zoning and overlays

Develop policy options in respect of the following in consultation with relevant community and industry stakeholders to ensure the planning systems achieves its objectives in the most efficient manner:

zoning and overlays in local government plans represent the minimum imposts on new housing and other development necessary to achieve their objectives; and

zoning and overlays in local government intended to achieve the same underlying objectives are consistently applied.

The Government notes this recommendation.

The Government is reviewing the State Planning Policy and the State Assessment and Referral Agency’s role in development assessment to streamline state interests and reduce and clarify assessment requirements.

This recommendation would be a significant overhaul of the planning framework and contrary to the State’s commitment to a planning partnership with local government, preserving local autonomy and respecting the diversity of local contexts.

Recommendation 25 - Governance of the planning system

The Department of State Development, Infrastructure and Planning (DSDIP) to undertake an internal review of its processes to ensure it has sufficient oversight of local plans, including whether they are consistent with the Planning and Building Acts.

The Government agrees in principle with this recommendation.

See response to Recommendation 23 above.

DSDIP is continuously reviewing processes, including oversight of local planning schemes, to ensure alignment with state legislation and policy.

Recommendation 26 - Streamlined approval process for significant development

Improve state assessment pathways by:

amending the State Facilitated Development pathway to include other significant developments, including for housing, but avoid mandatory criteria likely to reduce project viability, such as mandatory social or affordable housing targets

restricting the delegation of development assessment in PDAs from EDQ to local council

The Government agrees in principle with this recommendation.

The Government will consider new options where they can be demonstrated to genuinely enhance development facilitation and EDQ will continue its review of currently delegated PDAs to determine if they are demonstrating the efficiency and integrity that was intended.

Recommendation 27 - Planning portal

A state-side digital planning portal which contains consistent digital mapping across the state, provides a standardised process for making applications across all local government areas, application tracking and reporting tools.

The Government does not agree with this recommendation.

Concerned that this would risk duplicating or undermining existing local government systems that are already tailored to community needs and planning contexts.

Recommendation 28 - Increase zoning around transport hubs in South-East Queensland

Use powers under the Planning Act to amend local plans or establish new PDAs to increase density in well-located areas, where projects are likely to be commercially viable – initially, within a walkable distance of train and busway stations within the Brisbane local government area and around well-located areas near activity centres and surrounding transport hubs in other local government areas in South East Queensland where infrastructure already exists.

The Government agrees in principle with this recommendation.

Investigation is supported, but it is acknowledged that under the Planning Act, local governments are responsible for preparing and amending panning schemes. Where appropriate, the State may consider PDAs and provisional PDAs.

Recommendation 29 - Enable evidence-based planning

Improve evidence-based planning by ensuring plan making is independent, consultative and focused on improving the welfare of the whole community, and regional and local plans are aligned.

The Government does not agree with this recommendation.

13 new Regional Plans are already being delivered, and the Queensland planning framework has mechanisms for public consultation, expert input and alignment between state and local planning instruments. This would substantially delay the regional planning review program and required significant funding.

Recommendation 30 - Infrastructure planning, funding and charging review

Commission an independent review to assess matters such as the process for infrastructure planning, funding, charging, coordination and delivery and identify reforms.

The Government agrees in principle with this recommendation.

The Queensland Government is planning a review of the policy, process and timing of infrastructure planning through regional plans by State Government, Netserv plans by utilities and local government infrastructure plans by local government.