Mallesons Stephen Jaques
Who does this affect?

All land owners and developers of commercial and residential land in Queensland, their advisers and agents.

What do you need to do?

Review the draft Plan and consider what the implications will be for you in the future in relation to new projects. Consider whether you would like to submit any responses in relation to the proposed actions.

Authors
Danny O'Brien  
Senior Associate

Matthew Austin  
Special Counsel

David Bell  
Partner
T +61 7 3244 8051

Sydney
David O'Donnell  
Debra Townsend  

Melbourne
Stephen Davis  

Perth
Laurence Iffla  

Brisbane
David Bell  
Scott Budd  
David Colenso  

Canberra
Chris Wheeler  


Climate change principles to be entrenched in planning and development for SEQ - 19 August 2009

The Queensland Government recently released for public comment its draft South East Queensland Climate Change Management Plan (draft Plan). The draft Plan proposes a number of “actions” to implement the climate change policies identified in the recently updated South East Queensland Regional Plan 2009-2031.

The draft Plan highlights the importance the Queensland Government is placing on addressing the impacts of climate change. The actions proposed in the draft Plan will define development in South East Queensland for years to come.

Outline of key concepts

The actions identified in the draft Plan are broadly aimed at reducing South East Queensland’s greenhouse gas emissions (mitigation) and to help South East Queensland become more resilient to the impacts of climate change on the built environment, communities, infrastructure and natural ecosystems (adaptation).

The draft Plan identifies 32 climate change planning actions for South East Queensland, which are presented in groups that align with the climate change principles and polices of the SEQ Regional Plan. These include:

  • transport and settlement pattern
  • energy efficiency
  • renewable energy
  • storing carbon
  • waste emissions
  • coastal hazards
  • riverine flooding, bushfires, high temperatures and other hazards
  • biodiversity conservation
  • climate change adaptation research.

Responsibility for each action is allocated principally to either a State government department or a local authority, with industry and other organisations identified as contributing partners. The actions are designated a “priority”, being either “immediate priority” (actions to be completed in the short term - typically one to three years) or “follow up” (actions that flow directly from an immediate priority action or represent other important projects).

One of the “immediate priority” actions is the development of a new Queensland Coastal Plan. Development of this plan is underway and will provide policy direction on storm tide, sea level rises and coastal erosion issues. On completion, implementation of the Queensland Coastal Plan will be via regional planning instruments and amendments to local government planning schemes. The requirements of the Coastal Plan will then be reflected in decisions on development approvals. It is likely that this plan will result in the creation of new restrictions on coastal and estuarine development. It is not clear whether the proposed coastal Plan will contain measures aimed at existing development, including a policy of “planned retreat”.

Other examples of actions with an “immediate priority” include the development of guidelines for “transit oriented development” precincts, energy efficiency guidelines for multi unit housing, guidelines to promote onsite renewable or low energy generation and a program to fast track development approval processes for leading new sustainable developments.

What are the likely implications?

The draft Plan has a number of actions across many areas and the likely implications are as follows:

  • greater involvement of State agencies in the development of actions concerning climate change and the assessment of development proposals;
  • translation of actions and principles over time into local government authority planning schemes; and
  • shaping the form of urban development, including increasing urban development densities, promoting the use of public transport, a greater focus on building energy efficiency, innovation in building design and the use of building materials.

Developers will need to examine the implications of the draft Plan and factor them into planning, siting, design and construction of new projects.

Moving forward

The final draft Plan will be reviewed at least once every five years to align with the review of the SEQ Regional Plan or to reflect critical scientific evidence or policy decisions.

Submissions on the draft Plan can be submitted until 5:00pm Friday 11 September 2009. If you have any questions in relation to the draft Plan or would like assistance in preparing a submission, please do not hesitate to contact us.

This publication is only a general outline. It is not legal advice. You should seek professional advice before taking any action based on its contents.