Navigating Recent Changes to Planning Legislation in Queensland | GRM LAW Property Developers

Navigating Recent Changes to Planning Legislation in Queensland

Introduction

Queensland's planning landscape is undergoing significant transformation, driven primarily by the need to address housing supply challenges and facilitate major projects. For property developers, staying abreast of these changes is crucial for navigating the approvals process, managing risk, and capitalizing on opportunities. This article provides an overview of key recent amendments, focusing on the Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024 (HAAPOLA Act) and proposed changes introduced in May 2025.

The Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024 (HAAPOLA Act)

Commencing largely in July 2024, the HAAPOLA Act introduced substantial reforms to the Planning Act 2016 and related legislation, aiming to streamline processes and boost housing supply. Key changes relevant to developers include:

1. State Facilitated Development (SFD) Pathway: This new pathway allows the Planning Minister to declare certain projects as SFDs if they are deemed a state priority (e.g., significant housing supply, particularly affordable housing) and face barriers under traditional assessment routes. The Chief Executive then assesses and decides the application, potentially bypassing standard local government processes and referral agency requirements. To qualify, projects generally must be predominantly residential, include at least 15% affordable housing, offer diverse dwelling types, and be located in appropriate zones. Environmental offsets and infrastructure charges may still apply.
2. Affordable Housing Conditions: The HAAPOLA Act explicitly allows the state or local government assessment managers to impose conditions requiring a component of affordable housing within a development approval. The Planning Regulation 2017 provides criteria for this, including defining 'build-to-rent' development and specifying requirements for the affordable housing component, such as the period it must be maintained.
3. Land Acquisition and Easement Powers: The State now has enhanced powers to acquire land or create easements for 'development infrastructure' deemed necessary to unlock or facilitate development projects. This power is intended as a last resort after negotiation attempts fail and requires Governor in Council approval and infrastructure agreements regarding costs.
4. Streamlined Processes: The Act introduced various operational improvements, including:
   • Simplified renewal and registration for urban encroachment provisions.
   • Exemptions from development approval for certain temporary developments.
   • Improved functionality for 'applicable event' provisions and temporary use licences.
   • Streamlined processes for the Planning Minister to direct amendments to local planning schemes.
   • Modernised public notice requirements under the amended Development Assessment (DA) Rules and Minister’s Guidelines and Rules (MGR).

Proposed May 2025 Legislative Changes

More recently, in early May 2025, the Queensland government introduced further legislation with significant planning implications:

1. Renewable Energy Project Assessments: Proposed changes aim to subject renewable energy projects, particularly wind farms, to a more rigorous 'impact assessable' process under the Planning Act 2016. This contrasts with the previous 'code assessable' status and means proponents will face mandatory public consultation and the potential for third-party appeals. Requirements for social impact assessments and community benefit agreements with local councils are also included.
2. Olympic Venue Exemptions: The same bill proposes exempting infrastructure projects related to the 2032 Brisbane Olympics from numerous planning laws, including the Planning Act 2016. This aims to streamline approvals for venues like the proposed main stadium but has drawn criticism regarding transparency and the bypassing of environmental and heritage protections.

Implications for Developers

These legislative shifts present both opportunities and challenges:

• Opportunities: The SFD pathway and affordable housing provisions may create new avenues for certain projects, particularly those aligning with state housing priorities. Streamlined processes for temporary uses and minor scheme amendments could offer efficiencies.
• Challenges: Developers involved in renewable energy face a potentially more complex and contestable approvals process. The broad exemption powers for Olympic infrastructure highlight the potential for bespoke legislative interventions for major state projects. Navigating the criteria for SFDs and affordable housing conditions will require careful planning and engagement.
• Increased Complexity: The planning system continues to evolve. Developers must remain vigilant, understand how different assessment pathways apply, and factor in requirements related to infrastructure, affordable housing, community consultation, and environmental offsets.

Conclusion

Queensland's planning framework is actively being reshaped to meet housing demands and facilitate state priorities. The HAAPOLA Act introduces significant tools like the SFD pathway and affordable housing conditions, while newer proposals target specific sectors like renewables and major events. Developers need to understand these changes thoroughly, engage proactively with assessment managers, and seek expert legal and planning advice to navigate the evolving regulatory landscape effectively.

Disclaimer: This article provides general information only and does not constitute legal advice. Developers should seek specific advice tailored to their circumstances.