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PLANNING REFORMThe State Planning Policy
State Development Assessment Provisions & Vegetation Management Act
James Coutts
12 December 2013
Drivers for planning reformGovernment mandates to:
• drive prosperity through 4 pillar economy (i l di d l & i )(including development & construction)
• reduce red tape for business & industry
• reform the state’s planning & development assessment system to create Australia’s best Australia’s best planning systemplanning system
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Drivers for planning reform...
is overly complicated
Overwhelming view of planners, councils & development industry that our planning system:
is overly complicated
is focused on process...
at expense of outcomes
is too prescriptive
sends mixed messages
is failing to deliver what our communities want
Australia’s best planning system...
What does it look like?
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For Councils ‐confidence, capability &
discretion to better plan for their communities
For the State ‐“whole of
government” facilitation of appropriate development
For developers ‐greater certainty about schemes, assessment times and decisions
communities development
For the community –Confidence ‐ the planning system promotes & protects their interests
Diagnosis for reform...
• Surgery – cut legislation
& regulation
• Diet – healthy range
of policies, guidelines &codes
• Exercise – professionalExercise – professional
training & development
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Catalysing change...
State leadership
Keeping the fundamentals
CHANGE
Different way of thinkingleadership
Changing the regulatory
environment to:
‐ ensure there are no barriers to change
‐ ensure enhanced capability to change
fundamentals of the
framework
Productive change not radical change ‐ a manageable rate of change ‐only change what needs to change
More guidance and models
Replacing rules with more guides,
models and services
Smaller, sharper schemes
Risk based development assessment
Less development types in the system
Less time & cost changefor all users
Planning reform context…
Planning for Queensland’s Development (PQD) Bill
SARA SARA stage 2
PQD Regulation, Guidelines and CodesState Planning Policy
Infrastructure Charges
DD, CQ and CY Regional Plans
SEQ Regional Plan
2013 2014Mar Apr May June July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct Nov
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The SPP ‐ where we started…
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Where we are now…
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SPP Hierarchy
Guiding Principles & State Interests
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SPP Document Structure
SPP – Plan Making• DSDIP Regional Services working with LGs to provide advice about SPP implementation – depending where scheme is atscheme is at
• Planning scheme scenarios to consider:
– LG has not proposed to make a planning scheme
– LG has advised Minister about new planning scheme
– LG has not commenced notification of draft scheme
– LG has completed public consultation
– LG has recently adopted a new scheme
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SPP – Interim DA Requirements• Effective state wide – until SPP
appropriately integrated in planning schemeplanning scheme
• Interim DA reqts in Part E
• Reqtsmust be applied & assessed by Council, in addition to existing relevant scheme reqts
Wh i i t i i• Where inconsistencies arise, SPP interim DA reqts apply
SPP – BiodiversityState Interest:Matters of environmental significance are valued & protected, and the health & resilience of biodiversity is maintained or
h denhanced to support ecological integrity
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SPP – Biodiversity
Plan Making:
SPP – BiodiversityInterim DA (new provisions that weren’t in a previous SPP):
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SPP – Mapping
• SPP Interactive Mapping System ‐ visual representation of policies or requirements for some state interests & contains both statutory and advisory mapping
• Aimed at assisting LGs & developers to understand of where matters of state interest apply
• Important that each mapping layer is viewed & interpreted in context of particular matter of state interest
SPP – Mapping• Mapping presented in two systems ‐ plan making & interim
development assessment:
Plan making mapping: contains mapping layers used by LG to identify state interests to consider when making or amending a planning scheme. Mapping to be used as baseline for LG to utilise & refine.
DA mapping: used by applicants preparing certain DAs & considered by LG when assessing a DA. Mapping layers are considered an interim provision, and will no longer apply when LG has integrated the state interest in planning scheme.
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SPP Mapping – Plan Making
SPP Mapping – DA
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SPP – Guidelines• Range of non‐statutory guidance material is available, including SPP guidelines, fact sheets & other material
• Guidance provides best‐practice info & examples of how to implement state interests.
• Use of guidance material is optional – and will be updated from time to time
• Some supporting material is still in draft form (clearly stated) ‐ feedback welcome to [email protected]
SARA• Sustainable Planning Act amended in November 2012 to
establish State Assessment and Referral Agency (SARA)
• SARA commenced on 1 July 2013 y
• SARA providing coordinated, whole‐of‐government approach to state's assessment of DAs
• Benefits include:
single point of lodgement & assessment
final decision maker to ensure no 'unreasonable' i t i d li trequirements imposed on applicants
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SDAP
• State Development Assessment Provisions (SDAP) are matters of interest to state in DA
• Relates only to assessment by state of DAs made or referred to state for prescribed matters under schedules 3, 6 and 7 of SP Regulation
• Version 1.1 of SDAP is 224 pages ‐ original SDAP 371was 371 pages
• Biodiversity in the following SDAP modules:
Module 3. Aquaculture
• ensuring aquaculture of rare, threatened or endangered fish species
SDAP & Biodiversity
acceptably manages risks to species
Module 4. Environmentally relevant activities
• regulating environmentally relevant activities to ensure impact is avoided or appropriately managed
Module 5. Fisheries resources
• regulating development in or adjacent to declared fish habitat areas to maintain fish stocks, protect marine plants, protect fish habitats &maintain fish stocks, protect marine plants, protect fish habitats & connectivity between habitats
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Module 8. Native vegetation clearing
• regulating clearing of native vegetation to prevent loss of biodiversity & maintain ecological processes
SDAP & Biodiversity
Module 10. Coastal protection
• regulating development in coastal areas to protect & conserve coastal values
Module 11. Wetland protection & wild rivers areas
• regulating wetland protection & development in wild river areas to enhance biodiversity values
• Each module provides for offsets to counterbalance unavoidable• Each module provides for offsets to counterbalance unavoidable impacts of development on biodiversity values
VMA Changes• Changes to SP Regulation to give effect
to vegetation management framework reforms undertaken by DNRMy
• Vegetation Management Framework Amendment Act 2013 (assented to May 2013) streamlined measures related to vegetation clearing (among other matters)
• Sustainable Planning AmendmentSustainable Planning Amendment Regulation (No. 7) took effect 2 December 2013
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VMA Changes• Vegetation management framework reforms include:
trigger for referral to state for RoL &MCU now 5ha (was 2ha)
changes to mapping to reflect VMA regulated mapping
three new clearing purposes three new clearing purposes:
• high value agriculture clearing
• irrigated high value agriculture clearing
• necessary environmental clearing
broadening exemptions for vegetation clearing & making exemptions more consistent across tenures. New exemptions include:
• natural disaster recovery
• land survey works• land survey works
• contaminated land remediation
• authorised activities on abandoned mine
Community infrastructure
• Applies to all land tenures & regional ecosystems
New Exemptions
• Applies to all land tenures & regional ecosystems
• Applies to clearing for any purpose “mentioned in” Schedule 2 of Sustainable Planning Regulation
• Does not need to be designated as community infrastructure for exemption to apply
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SDAP ‐Module 8
• One state‐wide code for assessment under VMA
• Previous Vegetation codes replaced by SDAP Module 8
l d• Includes:• Public safety, relevant infrastructure & coordinated projects (combined)
• Extractive industry
• High value / irrigated high value agriculture
• Environmental clearing
• Weeds and pests
• Thinning
• Encroachment
• Fodder
SDAP ‐Module 8• Allows for most activities to
offset most vegetation values
• Watercourse buffers & connectivity thresholds based on coastal & non‐coastal areas
• Acceptable Outcome (AO) limits based on density of RE
• Allow for an erosion & sediment control plan as AOp
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PLANNING REFORMThe State Planning Policy
State Development Assessment Provisions & Vegetation Management Act
James Coutts
12 December 2013