Changes to Plan Sealing

Thursday, 13 July 2017 12:00 AM

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By SIBA|GITA
The Planning Act 2016 commenced Monday the 3rd July 2017.
 
Michael Arnold and Alistair Byrom have conducted a review on behalf of SIBA|GITA to determine the implications for our members.

Their advice is that aside from reorganising some of the contents, there are very minor changes to the Act itself. Most are related to language, for example a Subdivision Plan is now a Plan of Subdivision.

The main changes relate to Plan Sealing, and are documented under Schedule 18 of the Planning Regulation 2017, Approving plans of subdivision.

“There is now no statutory process regarding Action Notices for non-compliant matters under a Plan Sealing Application.  Schedule 18 outlines the continuing requirement for a local government to approve a survey plan and states statutory timeframes.  It will now be up to the individual Councils’ to implement their own process and the devil will be in the detail for each Council”, said Alistair. 

Further points are below:

Change: Form

When applying for approval of a plan of subdivision, there is a requirement to provide the “form” as required by the Local Government instead of the IDAS Form 32.  Copies of the new forms required by Brisbane City, Logan City and Sunshine Coast Regional Councils, are included on their respective web sites, and others are sure to follow in the near future.  Logan City Council is encouraging the use of their Preliminary Plan Sealing service.

Change: Timeline for request

The date by which a plan of subdivision must be given to the local government is by default 2 years after the development permit takes effect unless the permit states otherwise.  It is worth noting that the roll forward provisions have been removed from the new Act.

Note: Decision

When a request for a plan of subdivision complies with the criteria outlined in Schedule 18 s2, local governments have 20 (business) days after the plan has been submitted to make a decision. Where the request doesn’t comply, the 20 days commences after the applicant notifies the local government that the criteria have now been met. 

It appears that Councils’ will be adopting a period of 20 days from the final submission of all compliance evidence being supplied, similar to the previous IPA process.  Councils have requested that compliance matters are not submitted in a piece meal fashion and that if non-compliance occurs all matters are addressed in a single further submission.

Change: Exempt plans

With commencement of the new Act any notations on what was “the rear of the plan” to the affect that the plan was exempt from local government approval will now have to read:

This plan is exempt from local government approval under schedules 18 and 24 of the Planning Regulation 2017.
This will replace what is currently quoted in Land Title Practice Manual - Part 21 Plans and Associated Documents, under the heading Exemption from Approval.

In summary, the changes relate to Planning Regulation 2017 Subordinate Legislation 2017 No. 78 which can be accessed via

https://www.legislation.qld.gov.au/LEGISLTN/SLS/2017/17SL078.pdf

SIBA|GITA will continue to monitor this transition.
 

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