New State Planning Policy - Queensland

The Queensland Department of Infrastructure and Planning introduced State Planning Policy 5/10: Air, Noise and Hazardous Materials (the Policy) on 27 October 2010. The Policy which starts in February 2011 was introduced to protect “the health and wellbeing of individuals and the community from adverse impacts of air and noise emissions; and protecting human safety from the impacts of hazardous materials which preserving the viable operation of industrial activities in Queensland”.

The Policy has the force of law as a statutory instrument under section 2.4.1 of the Integrated Planning Act 1999 (IPA) and section 41 of the Sustainable Planning Act 2009 (SPA).

Accompanying the Policy is the State Planning Policy 5/10 Guideline: Air, Noise and Hazardous Materials (the Guideline) which provides advice about implementing the Policy. The Guideline is extrinsic material under the Statutory Instruments Act 1992 and has legal status in assisting in the interpretation of the Policy.

The primary focus of the Policy is to provide direction for the preparation and amendment of local government planning schemes. It also provides direction for specific development assessment decisions under the Integrated Development Assessment System. These directions will only apply to the assessment of development until the relevant local government incorporates the Policy into its planning scheme.

How this will affect your development?

If development is a reconfiguration of lot, or a material change of use, for the purposes of sensitive land use (things like residential development, educational facilities, healthcare facilities, etc.) or if any part of your proposed development is situated in a management area in Schedule 5 of the Policy, the development will need to comply with the Development Assessment Codes set out in the Policy (Code). Please note that development applications received, but not decided before the Policy takes effect are not subject to the requirements of the Code.

The onus lies with the applicant of the development application to demonstrate that the proposed development meets the performance outcomes of the Code, which are:

1. The development must not compromise existing or future industrial land, including industrial land in a State Development Area.
2. Development must not result in sensitive land use being exposed to industrial air, noise and odour emissions that impact on human health, amenity and wellbeing.
3. Development is not exposed to potential impacts from noxious and hazardous industry that will affect human health, wellbeing, amenity or human safety.

The Guideline indicates that developers may need to undertake technical studies to demonstrate compliance with the performance outcomes and acceptable outcomes of the Code. Developers will need to consider the additional cost of undertaking planning investigations such as community impact surveys, complaints analysis, air, noise and odour assessments, and hazard and risk assessments when preparing development applications.

The Policy comes into effect on 28 February 2011.

Michael Byrom
Partner
T: +61 (0)7 3135 0616
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Kirsty Rourke
Lawyer
T: +61 (0)7 3135 0648
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Disclaimer

The information in this publication 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.