Planning regulation amended – referral triggers and renewables targeted

On 11 September 2026, the Planning Amendment Regulation 2026 (Amendment Regulation) commenced, amending the Planning Regulation 2017. The key amendments reduce certain State referral triggers, clarify the treatment of solar farms and battery storage facilities under local government planning schemes, and include transitional provisions for properly made applications not yet decided.

SARA referral triggers reduced

The Amendment Regulation has removed the number of development applications referred to the State Assessment and Referral Agency (SARA) by:

• removing the requirements for a referral when a development application is made on a premises subject to a Ministerial Infrastructure Designation (MID)
• removing the requirement for a referral to the Office of the Queensland Government Architect for significant developments that have not sought advice on urban design outcomes
• expanding the list of prescribed water storage infrastructure in Schedule 23B that does not require assessment for waterway barrier works.

State Development Assessment Provisions updated

To align with the Amendment Regulation, the State Development Assessment Provisions (SDAP) have been updated, with version 3.7 also commencing on 11 September 2026. Updates to SDAP include:

• State code 11: Removal, destruction or damage of marine plants – consolidation of 25 performance outcomes into seven, with a focus on managing development impacts
• State code 24: Urban design outcomes for significant projects – removed in full.

Assessment of solar farms and battery storage facilities clarified

The Amendment Regulation removes ‘battery storage facility’ from the use terms that may be adopted for local planning instruments in Schedule 3. The amendments also prohibit local planning schemes from making the following assessable development:

• a material change of use for a battery storage facility
• a material change of use for a solar farm with a maximum instantaneous electricity output of 1MW or more.

It has also been clarified that local government is the assessment manager for a material change of use of premises for a solar farm, other than a relevant solar farm, that is assessable development under Schedule 10, part 16AA of the Planning Regulation.

The Chief Executive is the assessment manager for a ‘relevant solar farm’, being a solar farm that has a maximum instantaneous electricity output of 1MW or more, or is located in a priority development area.

Transitional provisions for existing applications

The transitional provisions preserve the pre-amendment position for the following applications:

• development applications and change applications that were properly made, but not decided, before the commencement
• a change application made after the commencement if the application is for a change to a development approval:
  • given before the commencement; or
  • given after the commencement for an application referred to in (1) above.

In effect, those applications continue to be assessed as though the relevant amendments had not commenced.

The pre-amendment versions of Schedules 10 and 24 continue to apply to a development application that was properly made, but not decided, before the commencement, to the extent the application involves development stated in:

• Schedule 10, part 9, division 1 (designated premises)
• Schedule 10, part 18 (urban design).

Implications of amendments

The Amendment Regulation is aimed at reducing time and cost for applicants, resourcing for the State and improving certainty for proponents when progressing new developments in Queensland. 

It will be important for proponents to understand the transitional provisions and how they impact their current and future development applications, and ensuring that the correct version of the SDAP is being considered for those applications.

If you have any questions about the amendments or how it could affect your current or future applications, please get in touch with us.

Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Nicole Besgrove

Wendy Evans

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