QLD Coorparoo & Districts Draft Plan - Removing a lot of LMR Areas

Hi All

This new plan, while allowing for some higher density in restricted areas, is removing LMR from a lot of the Character areas and is also putting in more Character areas.


https://www.brisbane.qld.gov.au/sit...coorparoo-and-districts-draft-np-strategy.pdf

 

Big fan of the whole area, has the legislation been passed yet?

 

This is draft only at this stage. You can still comment

Coorparoo and districts neighbourhood plan | Brisbane City Council

 

They should change Coopers Plains and one street (or lot) in particular

 

What's infill character?

 

CR2 Character Infill - 1 dwelling per 300m2 (usually in areas which are predominately pre-46 housing)

 

Is it possible to effectively challenge council changing your zoning from LMR2 to CR2? If so how?


I've contacted council and meet with townplanners etc who keep saying its a draft and community feedback is taken into consideration yada yada yada (ie don't worry).

However it feels this is just a glib response as nothing has changed in the 12 months this has been underway. (And I'm not the only one on the block objecting to the change)

While this is our PPR (and we intended to stay here for another 10-20 years) it was bought with an eye of its development potential - like others in the street. Changing zone from LMR2 to CR2 will have a huge impact on its value.

 

After a new District Plan is approved/ implemented, is there a period of time after that a development application can be submitted to BCC under the old plan?

One BCC townplanner had told me 12months, but 2 others have told me this is not the case - but they weren't certain either....

 

In QLD you really don't change the zoning, just the use. A good example near you is the small shops on corner of Bennetts Rd & Macrossan Ave - still zoned residential (or was last time I looked even after change to City Plan 2014)

You could get a DA through for a Material Change of Use now and get 6 years to start, could then extend for another 2. Much beyond that would be pushing it.

 

It's an application to apply under a superseded scheme - relevant parts of act below. Council has full discretion on the request and will usually only grant where the applicant has been injuriously affected or where the changes between schemes mean the impacts are marginal. In plain language if you were the owner of the lot before the scheme changed and the changes make it worse, then you may get up. Likewise if you had setbacks for 1.0m before and 1.5m now, they may consider it minimal.



(3) A person may, within 1 year after the planning scheme and related policies become a superseded planning scheme, make a superseded planning scheme request in relation to the superseded planning scheme. (4) A superseded planning scheme request is a written request to a local government— (a) to accept, assess and decide a development application (a superseded planning scheme application) under a superseded planning scheme; or (b) to apply a superseded planning scheme to the carrying out of development that was accepted

(4) A superseded planning scheme request is a written request to a local government— (a) to accept, assess and decide a development application (a superseded planning scheme application) under a superseded planning scheme; or (b) to apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme.

(9) If the local government decides to agree, or is taken to have agreed, to a request under subsection (4)(a)— (a) the superseded planning scheme application must be made within 6 months after the local government— (i) gives a decision notice to the person who made the request; or (ii) is taken to have agreed to the request; and (b) the superseded planning scheme application may be made for prohibited development, despite section 50(2).

(10) If the local government decides to agree, or is taken to have agreed, to a request under subsection (4)(b)— (a) the development may be carried out under the superseded planning scheme; and (b) the following apply to the decision as if the decision were a development approval, given by the local government as the assessment manager, that took effect on the day when the decision notice was given or the local government is taken to have agreed to the request— (i) chapter 3, part 5, division 4; (ii) schedule 1, table 1, item 3.

(11) Despite section 45(6) and (7), an assessment manager must assess a superseded planning scheme application as if the superseded planning scheme was in effect instead of— (a) the planning scheme; and (b) any related planning scheme policies.

 

Thank you RPI for taking the time to respond with this information - REALLY appreciate it - very helpful.

I've another appointment next week for the next round of "public consultation" so this will help clarify our options.