New Planning Scheme for Moreton Bay area

07 March 2016 Topics: Planning and environment, Property and planning law

The Moreton Bay Regional Council Planning Scheme (MBRC Planning Scheme) commenced on 1 February 2016. The area is one of the fastest growing local government areas in Australia, and the new scheme aims to provide a consistent and integrated approach to planning.

It is the first uniform planning scheme for the area since council amalgamations in 2008, and supersedes the Caboolture Shire Plan, Pine Rivers Plan and Redcliffe City Planning Scheme.

The imposition of a new scheme will result in some new applications having to meet different assessment criteria than applied under previous schemes. This means that, under the new planning scheme, some applications may now be code assessable and no longer subject to the impact assessment process, which can be expensive and time consuming.

Those considering making a development application should consider whether the superseded planning scheme or the new planning scheme will facilitate a more streamlined application process.

This is because under the Sustainable Planning Act 2009 (Qld), Council has the discretion to consider requests for development to be assessed under a superseded scheme, provided the request is made within 12 months of the new planning scheme taking effect. This means that any request for development to be assessed under the superseded scheme must be lodged with Council by 31 January 2017.

Existing development approvals or plans are not affected by the MBRC Planning Scheme. However, if any change to intensity or scale is proposed, an application may be required under the new planning scheme requirements.

If you have any queries about current or new applications under local government planning schemes, please contact Leanne O’Neill.

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This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.