Queensland Numbered Acts

PLANNING ACT 2016 - SECT 30

30 When this division applies

(1) This division applies in relation to an adverse planning change.

(2) An
"adverse planning change" is a planning change that reduces the value of an interest in premises.

(3) An adverse planning change includes a planning change (a
"public purpose change" ) that limits the use of premises to—

(a) the purpose for which the premises were lawfully being used when the change was made; or

(b) a public purpose.

(4) However, an adverse planning change does not include a planning change that—

(a) has the same effect as another statutory instrument, other than a TLPI, for which compensation is not payable; or

(b) is made to comply with the regulated requirements; or

(c) includes infrastructure in a planning scheme, or removes or changes the infrastructure shown in a planning scheme, including under a designation; or

(d) is about matters included in a LGIP; or

(e) is made—

(i) to reduce a material risk of serious harm to persons or property on the premises from natural events or processes (bush fires, coastal erosion, flooding or landslides, for example); and

(ii) under the Minister’s rules; or

(f) is about the relationships between, the location of, or the physical characteristics of, buildings, works or lots, if the yield achievable is not substantially different from the yield achievable before the change.

(5) For subsection (4)(e), the Minister’s rules must require a local government to prepare a report assessing feasible alternatives for reducing the risk stated in subsection (4)(e), including imposing development conditions on development approvals.

(6) For subsection (4)(f), the yield achievable is not substantially different from the yield achievable before the change, in relation to building work for a residential building, if the gross floor area of the residential building—

(a) is not more than 2000m 2; and

(b) is reduced by not more than 15%.

(7) In this section—

"gross floor area" means the sum of the floor areas, including all walls, columns and balconies, whether roofed or not, of all stories of every building located on premises, other than—

(a) the areas used for building services, a ground floor public lobby or a public mall in a shopping centre; or

(b) the areas associated with the parking, loading and manoeuvring of motor vehicles.

"yield" means—

(a) for buildings and works—the gross floor area, the density of buildings or persons, or the plot ratio, achievable for premises; or

(b) for reconfiguring a lot—the number of lots in a particular area of land.