2. Land use plan


2.2 Development assessment

2.2.1 Interpretation

The interpretation of terms and definitions will rely on:

  1. Section 33 of the ED Act which defines ‘development’, and
  2. Schedule 1 of this development scheme which provides the definitions required to interpret and apply the development scheme with reference to the ED Act and the Brisbane City Council Planning Scheme 2014 (Brisbane City Plan).

2.2.2 Categories of development

PDA accepted development: Table 2 identifies PDA accepted development, and includes schedule 2.

PDA assessable development[7]:

  1. Column 2A in table 2 identifies PDA assessable development that is permissible development.
  2. Column 2B in table 2 identifies PDA assessable development that is prohibited development.

2.2.3 Development consistent with the Land use plan

PDA assessable development is consistent with the Land use plan if it is consistent with all outcomes of the relevant PDA development requirements.[8]

However, development that is inconsistent with any of the outcomes of the relevant PDA development requirements, may be consistent with the Land use plan if the development is consistent with the vision, and:

  1. the development is an interim use; or
  2. there are sufficient grounds to justify the approval of the development despite any inconsistency with the relevant PDA development requirements.

In this section ‘grounds’ means matters of public interest, which include the matters specified as the main purposes of the ED Act as well as:

  1. superior design outcomes[9], and
  2. overwhelming community need.

'Grounds' does not include the personal circumstances of an applicant, owner or interested third party.

2.2.4 Development inconsistent with the Land use plan

Despite section 2.2.3 development in the Medium density residential zone or High density residential zone that does not comply with the maximum building height for the relevant zone is inconsistent with the development scheme.

PDA assessable development identified in column 2B of Table 2 as prohibited development is inconsistent with the development scheme.

Development that is inconsistent with the development scheme cannot be granted a PDA development approval[10].

2.2.5 Notice of applications

A PDA development application will require public notification if, in the opinion of the MEDQ, the development:

  1. may have adverse impacts on the amenity or development potential of adjoining land under separate ownership, or
  2. is for a use or of a size or nature which warrants public notification.

2.2.6 State interests

Relevant matters of state interest have been considered in the preparation of this development scheme and will be considered further as part of the assessment of a PDA development application[11].

2.2.7 Relationship with other legislation

In addition to assessment against the development scheme, development may require assessment against other legislation including, but not limited to, the Nature Conservation Act 1992, Environmental Protection Act 1994, Plumbing and Drainage Act 2002, Building Act 1975 and the Planning Act 2016 including subordinate legislation[12].

Relevant local laws made under the City of Brisbane Act 2010 apply in the PDA to the extent they are not replaced by a by-law made under the ED Act.

2.2.8 Relationship with the local government planning scheme

Schedule 6 of the Planning Regulation 2017 prohibits Brisbane City Plan 2014 from making PDA-related development assessable under the Planning Act 2016. However, schedule 2 adopts definitions from Brisbane City Plan 2014 and the development scheme calls up various other parts of the Brisbane City Plan 2014 as guidance.

Under section 71 of the ED Act, if there is a conflict between the development scheme and a planning instrument or assessment benchmarks prescribed by regulation under another Act, the development scheme prevails to the extent of any inconsistency.

2.2.9 Interim use

An interim use is a land use that, because of its nature, scale, form or intensity, is not an appropriate long-term use of the land, but may be appropriate for a short or medium-term period as the PDA develops.

A PDA development application for an interim use must demonstrate that the use will not prejudice or delay:

  1. appropriate long-term uses(s)
  2. an appropriate intensity of development, or
  3. infrastructure delivery envisaged by the Vision for the PDA.

Relevant PDA development requirements also apply to all PDA assessable development that is an interim use.

An interim use will only be approved if it can be demonstrated that the use will not preclude or delay an appropriate long-term use; or intensity of development; or infrastructure delivery.

The MEDQ may impose conditions of approval related to the interim use including, for example, limiting the duration of an interim use.

Information to support a PDA development application for an interim use may include:

  1. a suitability assessment; and
  2. plans showing how the development could transition from the proposed interim use to an appropriate longer-term use.

2.2.10 Value uplift charges

A PDA development approval will include conditions to pay value uplift charges where the approved development provides for a plot ratio yield that exceeds the plot ratio yield which was proposed for the property under the superseded Brisbane City Plan 2000 and prior to the declaration of the PDA.

Value uplift charges apply only to gross floor area (GFA) that represents the proportion of the approved plot ratio that exceeds the yield potential established under the superseded Brisbane City Plan 2000.