New SEQ Regional Plan released

The Queensland Government has released the updated Regional Plan for South East Queensland, ShapingSEQ 2023, replacing the 2017 Regional Plan. Key changes include expansion of the urban footprint, identifying other additional areas for future growth, a commitment to 20% of new homes being social and affordable housing and an increased focus on housing diversity.

Snapshot

• On Friday 15 December 2023, Queensland Premier the Honourable Steven Miles released ShapingSEQ 2023, the new South East Queensland Regional Plan along with the South East Queensland Infrastructure Supplement (SEQIS) which is intended to map out how growth is catered and facilitated for.
• ShapingSEQ 2023 is a State planning instrument for the purposes of assessment under the Planning Act 2016 (Qld).

Background

ShapingSEQ 2023 is the primary regional planning tool for development in South East Queensland. Based on a predicted population growth to six million people by 2046, the plan identifies that 900,000 new homes are required, which equates to a further 38,000 new homes each year through to 2046. It replaces ShapingSEQ 2017 and represents a response to the National Planning Reform Blueprint as well as the 2022 Queensland Government Housing Summit.

ShapingSEQ 2023

Key points of the updated Regional Plan include:

• Expansion of the urban footprint to include new areas (an addition of around 5,000ha) as well as additional areas identified for potential future growth
• A commitment to 20% social and affordable housing for new homes by 2046
• A greater focus on providing housing diversity with a shift towards greater consolidation in urban areas with new housing proposed in centres, high amenity areas with high density residential and infill development
• A focus on maintaining a minimum four years of approved supply and a minimum of 15 years of supply of land that has been appropriately zoned and planned to be serviced
• A regional approach to industrial land planning to offset anticipated shortages over the next 10-15 years
• A commitment to ongoing collaborative action through establishing a renewed governance structure supported by an independent advisory panel with subject matter experts, peak industry bodies, community groups and advocacy groups
• Strategies to address cooling and greening of urban areas through setting tree canopy cover targets and a priority action for heat hazard mitigation
• Identification of additional special use sites as requiring specific protection
• Acknowledgement of a predicted shortfall in available industrial land, foreshadowing the preparation of a regional industrial land framework to analyse industrial land supply, consider future demand and establish a response to the supply issue

SEQIS

SEQIS has been provided to identify priority infrastructure projects to support future growth prioritising place-based infrastructure planning, including significant road and rail projects that enable rapid mass transport between home and work. It also identifies longer term regional planning needs and strategic opportunities including implementations to address regional growth challenges.

A full SEQ infrastructure plan is intended to be delivered in 2025.

Legislative Amendments

Following significant mapping changes in ShapingSEQ 2023, consequential amendments commencing on 11 December 2023 were made to the Planning Regulation 2017 (Qld) by the Planning (SEQ Regulatory Provisions) Amendment Regulation 2023 (Qld), to ensure planning intent is consistent with outcomes, strategies and subregional directions stated in the ShapingSEQ 2023.

Amendments were made to expand the definition of an SEQ Development area into categories, and provide for designations of major enterprise and industrial areas, northern inter-urban break, rural subdivision precinct, significant tourist areas.  Part 15 and 16B of the Planning Regulation 2017 were reshaped to reflect development standards for the new categories of SEQ development areas, SEQ major enterprise and industrial areas, and SEQ northern inter-urban break.

Two categories of SEQ development areas were introduced to protect additional areas from out of sequence development and to make sure development aligns with the planning intend of the area. In particular, Category 1 SEQ development areas prohibit certain material change of use and reconfiguration of a lot applications until State or local government structure planning is undertaken. Some types of low intensity development that are unlikely to compromise future land use planning are excluded from the prohibition as well as development carried out under a permit for a development application properly made before 20 September 2023 or a development approval in effect before 20 September 2023. Applications for category 2 SEQ development areas will be required to demonstrate alignment with the future planning intent for the area (the criteria for which is set out in section 41 of the Planning Regulation).

In response to the strengthened outcomes sought for major enterprise and industrial areas as envisaged in ShapingSEQ 2023, the Amendment Regulation introduces prohibitions for material change of use applications for certain accommodation activities that are located in an industry zone (local planning scheme) in an SEQ major enterprise and industrial area.

Other changes include:

• Removal of the requirement for rural subdivision precincts;
• Inclusion of an exemption for a significant tourist activity area (streamlining the assessment process by removing the requirement for assessment for activities consistent with the established tourist use on-site);
• Revising the definition of ‘indoor recreation’ - omitting a ‘food and drink outlet’ and inserting a ‘function facility’;
• Introduction of specific thresholds for transport depots;
• Inclusion of additional provisions to assess combined urban activities to ensure the impacts of these uses are more appropriately assessed;
• Inclusion of safeguards for the SEQ northern inter-urban break mapped area, acknowledging its significance and providing enhanced protection beyond the RLRPA provisions and thresholds. Applications that exceed the thresholds are to be subject to a test against the values of the area as identified in ShapingSEQ 2023, locational and overriding needs assessments.

Various consequential designations were then made on 15 December 2023 under the Planning Regulation 2017 (Qld) to support the new regional plan, designating certain Category 1 and Category 2 SEQ Development Areas across the Gold Coast, Sunshine Coast, Moreton Bay, Redland and Toowoomba.  A SEQ Northern Inter-Urban break was designated in Moreton Bay and Sunshine Coast and a SEQ Significant Tourist Activity Area was also declared in the Sunshine Coast.

Next Steps

Existing development applications that have been made but not decided must be assessed against the regional plan in force at the time of the application, however the assessment manager can give ShapingSEQ 2023 weight. Development applications lodged after commencement of ShapingSEQ 2023 will be assessed against that document.

If you or your business have any questions or concerns arising out of the amendments, please feel free to get in touch with one of our experts for advice.

Written by Kathryn Pacey, Partner, Holly Vaughan, Solicitor, and, Samuel Colwell, Paralegal.