Proposed Planning Scheme amendment

Submissions closing on 19 July 2019, 11:59 PM

Planning scheme amendment banner

Community consultation 

Council’s Planning Scheme commenced on 1 February 2016. Since this time council has been working on the proposed amendment to ensure it remains a living document that supports growth and maintains the region’s unique characteristics.

Council previously consulted the community on proposed improvements to the planning scheme and supporting planning scheme policies.

Council has now reviewed and considered much of this feedback, using it to inform the development of a new planning scheme amendment. Council is now seeking community feedback on the new proposed amendment to the planning scheme and planning scheme policies.

The proposed changes generally aim to improve functionality and address implementation issues which have been identified since the planning scheme first came into effect. They address key matters including, but not limited to:

  • improvements to cater for carports and secondary dwellings in residential areas, and sheds in rural residential areas
  • changes to encourage the efficient use of land within walking distances of commercial centres and train stations, and further clarify the design and location of service stations
  • enhancements to 14 planning scheme policies to improve their usability and ensure they are up-to-date and fit for purpose
  • introduction of a new planning scheme policy for Township Character which aims to encourage unique design solutions that reinforce a sense of rural identity and character. 

It is important to note this new proposed planning scheme amendment does not include some of the proposed changes previously advertised in 2017 including emerging community and investigation areas.

Council is seeking your feedback from Monday 24 June to Friday 19 July 2019.

Make a submission

The proposed changes to the Planning Scheme are reflected as follows:

  1. Text to be added is shown in black text with yellow highlight.
  2. Text to be deleted is shown in red text with strikethrough.

Read the Amended MBRC Planning Scheme online (eScheme) 

PDF versions

Sections

The proposed amendment has been summarised and categorised into 15 topics. An information sheet has been prepared for each of these topics. It is important to note that:

  • The same changes summarised in these information sheets may also be made in other areas of the planning scheme where similar outcomes are sought. For example, changes to the Rural residential zone may also be made in the Emerging community zone - Interim precinct.
  • The proposed amendment only relates to changes to certain parts and provisions of the planning scheme. To determine the requirements for any proposed development, the planning scheme provisions must be considered in full.
  1. General residential zone(PDF, 259KB)
  2. Recreation and open space zone(PDF, 189KB)
  3. Rural zone(PDF, 181KB)
  4. Rural residential zone(PDF, 188KB)
  5. Township zone(PDF, 189KB)
  6. Dwelling house code(PDF, 187KB)
  7. Residential uses code(PDF, 186KB)
  8. Reconfiguring a lot code(PDF, 179KB)
  9. Works code(PDF, 193KB)
  10. Works criteria(PDF, 196KB)
  11. Mapping(PDF, 223KB)
  12. Flood and Coastal hazard overlay codes(PDF, 190KB)
  13. Service stations(PDF, 185KB)
  14. Car parking rates(PDF, 182KB)
  15. Other guidance changes(PDF, 194KB)

Questions


Why is Council amending the planning scheme?

The MBRC Planning Scheme commenced on 1 February 2016. Since this time Council has been working on the proposed amendment to the scheme to ensure it remains a ‘living document’ that supports growth and maintains the region’s unique characteristics.

Local Governments are required to review their planning scheme every 7 to10 years. Historically this approach has resulted in out-of-date planning scheme provisions and criteria being in place while a large body of work is undertaken once every 7 to 10 years to update the scheme. Dissatisfied with the outcomes of this approach, Moreton Bay Regional Council has committed to continuous improvements and amendments to its planning documents to ensure the scheme remains relevant, achieves its vision and results in quality outcomes for the region.

The proposed changes generally aim to improve functionality and address implementation issues which have been identified since the planning scheme first came into effect.

Back to question  ⤴

What is Tailored Amendment No.1?

The term ‘Tailored’ refers to the process the amendment is required to follow under the Planning Act 2016.  As the name suggests it is not a standard process as outlined in the Minister’s Guidelines and Rules, rather it is a process specific to this amendment that has been agreed to by the Department of State Development, Manufacturing, Infrastructure and Planning (the Department).  You can find the Chief Executive Notice issued by the Department, outlining the process Council must follow for this proposed amendment on the Department’s website.  

The overall purpose and general effect of the new proposed amendment is to:

  • reflect Council’s commitment to maintain the planning scheme as a “living document” for its 10-year projected life;
  • respond to implementation issues identified since the Moreton Bay Regional Council Planning Scheme came into effect on 1 February 2016;
  • give effect to measures that address these commitments and implementation issues; and
  • apply to the whole of the local government area.

Back to question  ⤴

Is this the first amendment to the Planning Scheme?

Two administrative and minor amendments to the MBRC Planning Scheme have been made since its commencement, and due to their minor nature were not required to be publicly notified. You can find more information on these administrative and minor amendments on the Planning Scheme page.

Back to question  ⤴

What Planning Scheme Policies are being amended?

Council proposes one new planning scheme policy (PSPs) and major amendments to 14 existing PSPs.

The purpose and general effect of the proposed amendments are:

  • for the proposed PSP - Township character; to provide design guidance for development of land within the Township zone; and
  • for the existing PSPs:
    • Advertising devices; to provide additional guidance on the design of advertising devices, including illumination and digital displays;
    • Centre and neighbourhood hub design; to provide better guidance by including more examples and illustrations;
    • Environmental areas and corridors; to correct terminology, provide clarity on what constitutes a Matter of environmental significance, and provide additional guidance on interpreting requirements and provisions;
    • Flood hazard, coastal hazard and overland flow; to clarify the triggers for requiring a technical report with a development application; to provide greater latitude for filling within some parts of the flood planning area; and to incorporate drainage master plans that have been completed for identified drainage investigation areas;
    • Heritage and landscape character; to correct the location of a significant tree;
    • Integrated design; to update public infrastructure design requirements and standards, and to aid interpretation;
    • Integrated transport assessment; to add clarity and improve usability;
    • Landslide hazard; to add clarity and improve usability;
    • Neighbourhood design; to respond to changes to the reconfiguring a lot code and to align with the general structure of that code; to expand on the need to plan for and maintain continuity of movement networks; to provide direction on how to appropriately deal with interfaces; and to provide additional guidance generally;
    • Noise; to provide additional clarity and to expand the list of zones that will ordinarily trigger the requirement for a traffic noise impact assessment;
    • Operational works inspection, maintenance and bonding procedures; to update checklists and pro-forma documents within the appendices, nominate compliance testing standards, clarify on-maintenance requirements, include stormwater asset requirements that were previously in a different PSP, and address a number of terminology issues;
    • Residential design; to reflect changes proposed to planning scheme provisions; to provide better guidance by including more examples and illustrations; and to specifically address earth retaining structures;
    • Stormwater management; to include references to Council’s Flood Check Development Reports, clarify development impact issues, and provide cross references to the related PSP - Flood hazard, coastal hazard and overland flow; and
    • Waste; to add clarity and improve usability.

Back to question  ⤴

When will the new proposed amendment commence?

The Queensland Government Chief Executive Notice issued under section 18(3) of the Planning Act 2016 outlines the process council must follow to make the new proposed amendment.

Following consultation, Council is required to undertake the following steps:

  • Consider the state interest review response;
  • Consider all properly made submissions;
  • Notify submitters about the submissions and consideration process;
  • Prepare a consultation report;
  • Seek approval from the Minister to adopt the proposed planning scheme; and
  • If a notice is received from the Minister advising that Council may proceed with the new proposed amendment, Council will consider the response from the Minister and decide whether to adopt the new proposed amendment.

These steps will take a number of months to complete. However, Council is committed to having the new proposed amendment commence as early as possible.

Back to question  ⤴

What happened to the submission I made in 2017?

Council previously consulted the community on proposed amendments to the planning scheme and supporting planning scheme policies.

Council has reviewed and considered much of the feedback, using it to inform the development of the new proposed planning scheme amendment. Council is now seeking community feedback on the new proposed amendment to the planning scheme and planning scheme policies.

Back to question  ⤴

What can I make a submission on?

Council is seeking public comment on the new proposed amendment (new text identified using yellow highlight and deleted text identified using red text with strike through).

If a matter is raised in a properly made submission that does not relate to the proposed amendments or is not able to be amended without further public consultation, Council will compile this feedback and consider it as part of a future amendment to the MBRC Planning Scheme or action as appropriate.

Back to question  ⤴

What is a ‘properly made submission’?

A properly made submission must:

  • be in writing (including by electronic means);
  • include the full name and residential or business address of each person making the submission;
  • state a postal or electronic address for service of a response to the submission;
  • be signed by each person making the submission (unless made electronically);
  • state the grounds of the submission and the facts and circumstances relied on in support of the grounds;
  • be made to Moreton Bay Regional Council; and
  • be received by Council on or before 19 July 2019.

Submissions can be lodged:

  • online
  • by email to mbrc@moretonbay.qld.gov.au
  • by post to PO Box 159 Caboolture Qld 4510
  • in person at the customer service centres at 220 Gympie Road, Strathpine and 2 Hasking Street, Caboolture or the Redcliffe Library at 476 Oxley Avenue, Redcliffe.

Back to question  ⤴

What happens to my submission?

Once the consultation period has ended, Council will consider every properly made submission to the new proposed amendment. Council may make changes to the proposed amendment in response to this feedback. Once Council has considered all submissions, it will advise all submitters how the Council has dealt with their submission.

Submissions can be lodged:

  • online
  • by email to mbrc@moretonbay.qld.gov.au
  • by post to PO Box 159 Caboolture Qld 4510
  • in person at the customer service centres at 220 Gympie Road, Strathpine and 2 Hasking Street, Caboolture or the Redcliffe Library at 476 Oxley Avenue, Redcliffe.

Back to question  ⤴

Has the flood or coastal hazard mapping changed?

No, the new proposed amendment does not include changes to the Flood hazard overlay map or the Coastal hazard Overlay map other than the identification of ‘The Mill Priority Development Area’. 

Back to question  ⤴

Does the new proposed amendment include changes to land in the Emerging community zone?

It is important to note this amendment does not include some of the proposed changes previously advertised in 2017 including emerging community and investigation areas.

There are some changes proposed to the Emerging Community Zone Code, Reconfiguring a Lot Code and the Caboolture West Local Plan.

The proposed changes generally aim to improve functionality and address implementation issues which have been identified since the planning scheme first came into effect.

Back to question  ⤴

Does the new proposed amendment include Investigation areas?

It is important to note this amendment does not include some of the proposed changes previously advertised in 2017 including emerging community and investigation areas - such as Warner. 

Back to question  ⤴