MILK BREADEGGS

A simple guide to the plans that affect your home and neighbourhood.From Brisbane City Council

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PLANNING BRISBANEImagine if there were no rules to guide development, if everyone could build whatever they wanted. You could wake up one morning in your quiet home to find a gas works going up next door. Or your local park replaced by an industrial estate.

‘Plans’ are the main tools governments and councils use to manage development. They show where new development can go and what can be built. They also set out what development will be allowed in the future and areas that are ‘off-limits’ to developers such as land for green spaces or growing food.

All proposed development is assessed against these plans, whether it’s an idea for a new apartment complex, a home renovation, or a shopping centre. This ensures the interests of the local community and future generations of residents are considered before anything is built.

WHICH PLANS AFFECT YOU?In Queensland, plans are created by state and local governments (councils). Every property in Brisbane is affected by at least two plans:

• the Queensland Government’s plan for the South East Queensland region (SEQ Regional Plan)

• Council’s plan for the city (City Plan).

Some communities also have their own local, or neighbourhood, plan.

Plans aren’t simply a wish list about what should or might happen. They affect what you can do with your property today, whether it’s building a house, putting on a front verandah or setting up a business. Plans show what each and every site in the city can be used for and contain rules about things like building heights, design and even landscaping. They also set out what development will be allowed in the future.

Plans are regularly reviewed, so the rules for your property can change over time.

Governments and Councils always publicise proposed changes, but you may not be told directly, even if your property is affected. You need to be aware of the plans that could affect you and how to influence what they contain. Everyone in Brisbane can have their say, even if you don’t own property.

This booklet will show you how to find out about the rules that apply to your property and the plans that could shape your neighbourhood. It will also help you understand how these plans are created and ways to participate in planning processes such as Brisbane’s Neighbourhood Planning.

All development in Brisbane is directed by written documents, known as 'plans'.

Plans cannot initiate development. It’s up to property owners and professional developers to decide what they want to do with their land and when.

Combined, these plans determine what individual properties can be used for and contain rules about things like building heights, design, demolition, and even landscaping (these are in addition to standard building regulations). The SEQ Regional Plan, City Plan and Neighbourhood Plans are all statutory documents, which means that, once approved, their regulations become law.

Council and the Queensland Government also produce planning documents that are not legally-binding. These act as guiding tools for statutory plans and tackle big issues such as traffic congestion and climate change. Normally, concepts contained in these plans will eventually be incorporated into the statutory documents.

Plans have a limited timeframe, usually 8–20 years, and they are reviewed regularly to reflect changing circumstances. This means the rules can change over time. You need to be aware of how the plans could affect you and how to find out about proposed changes. Better yet, why not become involved in writing the plans yourself?

HELP SHAPE THE PLANSYou can directly influence what plans say and the regulations they contain. The best way is to become involved in creating them.

Most plans are produced through a similar process. Council usually starts the ball rolling by gathering ideas through community workshops and surveys. Council’s town planners will then analyse this information, combine it with technical research, and draft a plan. Often, Council will set up a reference group of

FOUR WAYS TO FIND OUT ABOUT NEW PLANS OR PROPOSED CHANGES 1. Read any letters from Council.

Council will always try and let you know if your property could be affected by a new plan or proposed changes to an existing plan.

2. Check the paper. Sometimes, it’s difficult for Council to identify everyone who could be affected, so you may not be told about changes directly. However, Council will always publicise proposed changes in The Courier-Mail and often in local papers too.

3. Check the website. All new plans and proposed changes to existing plans are listed on Council’s website under ‘Planning and Building’.

4. Call Council. If you hear that something could be changing in your street or neighbourhood, you may like to speak with one of Council’s town planners. They’ll be able to answer any questions you have and tell you where to get more information.

community members and specialists to help with this work. But not everyone has the time to become this involved in plan making, or even wants to.

There is one point in the process however, when you definitely should take a look at the draft plan. This is when it is released for public display and consultation (which only lasts for a limited period). Any comments you make at this time will have maximum impact, especially if you write a formal submission and post it to Council within the specified timeframe.

Council is legally required to report to the Queensland Government on what submissions were made and how they were dealt with. After the display period, there are no more formal opportunities for you to influence the plan, unless it is reviewed or amended at a later date.

Council has a booklet to help you prepare planning and development submissions. It’s called ‘A simple guide to making a submission’ and you can download it from Council’s website. You can also call Council on (07) 3403 8888 to have a copy sent to you.

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The City Plan has been refined through more than 60 amendment packages since it was adopted in 2000. Amendments are usually made every six months, with a formal review every ten years.

PLANS THAT AFFECT YOUR HOME AND NEIGHBOURHOOD

The SEQ Regional Plan, City Plan and Neighbourhood Plans are all legally-binding plans that work together to direct how Brisbane develops. The River City Blueprint and Centre Centre Master Plan are documents that will help guide the future growth of Brisbane’s inner city areas.

THE RIVER CITY BLUEPRINTCouncil, in partnership with the Queensland Government, has begun crafting an overarching plan to guide the future development of the inner city. The River City Blueprint will draw together all existing plans, studies and strategies for suburbs within a five kilometre radius of the CBD to generate a single, consolidated vision for the area. It will also create a cohesive framework to manage future growth and infrastructure delivery.

The River City Blueprint will not replace existing plans such as the Albion Neighbourhood Plan, the Brisbane City Centre Master Plan 2006 or the West End Riverside Parks Master Plan.

Instead, the River City Blueprint will look at how each plan relates to the other and will step back to take a broad, holistic view of the inner city. The River City Blueprint will ensure all plans work together. For more information, visit Council’s website or call Council on (07) 3403 8888.

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DOES THE NEW PLAN MEAN EVERYTHING WILL CHANGE?When new plans are finalised, the changes they recommend may not happen straight away. It’s up to property owners and developers to decide what they want to do with their property and when. For example, a plan may propose changing the rules over a property to allow apartments, but whether or not they are built depends on the property owners. If there’s a big demand for apartments, the land owners will be more likely to build them.

It also takes at least 6–12 months for new plans to legally come into effect as they have to be approved by the Queensland Government and then adopted by a decision of Council. After this time, property owners still have a limited period to seek approval for their project under the old rules.

Changes to plans however, are not retrospective: existing developments or already approved developments cannot be forced to change to suit the new regulations.

LIVING AS PART OF THE REGIONSouth East Queensland is Australia’s fastest growing region. By 2031, the population is expected to grow to 4.2 million people. No one single local council can manage this growth on its own. The best way to protect our lifestyle and our much-loved green spaces, while making sure we have enough jobs and homes for everybody, is to have one overarching plan for the region.

The SEQ Regional Plan is produced by the Queensland Government, in consultation with local councils. It tells each local council how many new homes will be needed to accommodate its share of the predicted population growth and includes policies to guide new development. For example, the plan says new homes and jobs should be focused around public transport stations. It also provides guidance on issues such as how to make development more sustainable.

The SEQ Regional Plan is very broad in scope, so you probably won’t find much detail on your individual property, especially if you live in Brisbane. But it’s worth understanding it as ultimately it will shape the very neighbourhood you live in.

For more information on the way your neighbourhood and your city could grow and how you can help manage this change, download the booklet in this series called ‘A simple guide to the way your neighoburhood could grow’ from Council’s website. You can also call Council on (07) 3403 8888 to have a copy sent to you.

A PLAN FOR THE CITYThe City Plan is the main plan that directs development in Brisbane. It sets out a vision for the way the city should grow and shows what each and every site can be used for.

It’s a critical tool in making sure our city functions correctly, that we have enough land for housing, shops, industry, parkland and public facilities and that these land uses are carefully located. Most people don’t want to live next door to a noisy factory or walk kilometres just to get to the local park. The City Plan aims to manage development in a way that’s ecologically sustainable, which means it considers the needs of future generations, as well as our own.

The City Plan also contains guidelines about the infrastructure Brisbane will need in the future and who should pay for it. Infrastructure such as sewerage, water supply, roads, drainage, parks, community halls and sports fields underpins our quality of life. Developers (that is, anyone who undertakes development) can be asked to help fund, and sometimes even build, infrastructure. Charges are based on a simple philosophy of ‘user pays’. This means the cost of the infrastructure is fairly divided between the people who ultimately benefit from it.

AN ‘URBAN FOOTPRINT’ FOR DEVELOPMENTThe SEQ Regional Plan sets the strategic direction for all other plans in Brisbane. It covers a massive 22,890 square kilometres, stretching from Noosa in the north to Coolangatta in the south and west to Toowoomba.

The SEQ Regional Plan divides all land in the region into three categories which broadly describe what the land can be used for:

Category 1: Regional Landscape and Rural Production AreaLand for forests, natural resources, animal habitat, recreation, farms and other rural businesses

Category 2: Urban Footprint Land for cities, towns and urban neighbourhoods

Category 3: Rural Living Area Land for bushland homes

There are rules attached to the SEQ Regional Plan which mean local councils can’t allow urban development outside the Urban Footprint. For example, councils can’t allow someone to build a new apartment complex or shopping centre on a site in the Rural Living Area. Any new plans that councils create must also reflect the SEQ Regional Plan categories. The current plan protects more than 80 per cent of all land in South East Queensland from urban development, directing it away from our green spaces and the coastal strip.

ANYTHING I SHOULD CHECK BEFORE BUYING A PROPERTY?The SEQ Regional Plan (and an accompanying document called the Infrastructure Plan and Program) will show you what new infrastructure you can expect in your neighbourhood and when. This could be anything from a busway to a new hospital.

While this could increase your property values and make your neighbourhood a better place to live, it could also have other impacts. Your property may be in the path of a new road or school or close to a busway extension. While this might be just what you are looking for, as it improves your accessibility, make sure you know about it before you buy.

You can download the most recent versions of the SEQ Regional Plan and Infrastructure Plan and Program by visiting www.dip.qld.gov.au or contacting the Queensland Department of Infrastructure and Planning. These documents contain easy-to-read maps and tables showing planned infrastructure for each part of the region.

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UNDERSTANDING THE CITY PLAN REGULATIONS

CITY PLAN’S RULES COME IN MANY DIFFERENT FORMS…

Zones/Areas All land in Brisbane has a zoning (also called an area classification) in the City Plan. This determines how it can be used – for living on, working on, industry, recreation or something else. Adjacent lots can be in different zones. Your zone, for example, might allow for homes of up to two storeys, while your neighbours could be allowed to build townhouses and units up to three storeys.

Codes ‘Codes’ are used to set out rules about land use, building height, scale, design, landscaping and many other issues. When a developer submits a proposal to Council, it will be assessed against the applicable codes. If it does not satisfy the requirements, it can be refused or approved with certain conditions.

Plans Local and Neighbourhood Plans, and infrastructure plans (called Priority Infrastructure Plans), are actually part of the City Plan.

Levels of assessment

Council uses the assessment process to discourage development that doesn’t fit in with the plans for the area. Development that is generally supported is listed as ‘code assessable’. This means it just needs to satisfy the ‘codes’ to be approved. Development which Council is not sure about or is considered inappropriate for the area is listed as ‘impact assessable’. While the developer can still ask Council for approval, the project will go through a more rigorous assessment process, including getting comments from the community. Sometimes, complex projects that Council considers suitable for a particular area will still be labelled ‘impact assessable’ to give Council a chance to examine them in greater detail.

Mapping Maps show zones and other information such as protected vegetation or waterway corridors (development can’t be located in a waterway corridor). Elements shown on maps can act as ‘constraints’ to development. For example, they may reduce the area that can be developed or impact on what can be done on the property (e.g. demolition).

Policies These administrative documents contain extra details to help Council process development applications such as standards for car parking spaces required for units.

The SEQ Regional Plan means that 80 per cent of new homes that will be built in Brisbane (to 2031) must go into already developed areas. We have to grow up, not out.

SHAPING THE CITYThe Brisbane CityShape is a blueprint to guide Brisbane’s future growth. This document was created by Council with help from more than 60,000 residents. The CityShape says that new homes and development over the next 20 years should be focused around major shopping centres such as Chermside, Carindale and the CBD and along transport corridors such as railway lines and busways. Growing this way will give more residents access to good public transport, bring jobs closer to homes, and help protect our leafy suburbs and green spaces.

The CityShape is not a statutory document, but the ideas it contains do get translated into the City Plan. Like the City Plan, it is regularly reviewed.

SOME EXCEPTIONS TO THE RULESome parts of Brisbane aren’t covered by the City Plan, but have their own special ‘development scheme’. These are places where other government bodies such as the Urban Land Development Authority and the South Bank Corporation are doing the planning, rather than Council. Bowen Hills, Woolloongabba, Northshore Hamilton, Fitzgibbon and South Bank all fall into this category. Proposals for new development in these locations are assessed by the other government body, not Council.

Sites that are actually owned by the Federal Government, Queensland Government or government-owned corporations such as the Port of Brisbane and airports do not come under the control of Council. While Council can suggest how the land should be used, what happens on these sites is determined by the relevant agency (or sometimes even the Commonwealth Government), in consultation with Council.

The real power to influence what kind of development happens in Brisbane and in your local neighbourhood comes from helping to write the City Plan.

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THE CITY PLAN AND YOUYou’ll find most of the rules for your property are contained in the City Plan. This is the best plan to look at if you want to find out what you, and your neighbours, can build and what development will be allowed in the future.

It is a technical document, so you’ll need a few clues to find what you are looking for. Don’t worry; you don’t need to read it cover to cover! Council has online search tools to give you what you need with a simple ‘click’. You can also call Council and talk directly to a town planner or, if you would prefer an independent viewpoint, seek help from a qualified town planning consultant.

City Plan’s rules are written in a number of different forms. These are explained in the table on the previous page. Your zone is the key to unlocking City Plan’s rules. You can’t tell just by looking at a property how it is zoned. What you see as a park may actually be vacant residential land waiting to be developed. Your street could also be zoned to allow for units. Always make sure you do a property search (either through a solicitor or by using Council’s website) before you buy. Step-by-step instructions to help you find out the rules for your property are outlined on the last page of this booklet.

NEIGHBOURHOOD PLANS Neighbourhood Plans are written documents that direct development in local communities. They are the way the City Plan can be refined to suit your neighbourhood. Neighbourhood Plans outline in detail what development will be allowed over the next 10 years and how the neighbourhood could change.

While the City Plan’s rules apply right across the city, those contained in the Neighbourhood Plan only apply to the local area. Normally, Neighbourhood Plans don’t duplicate the rules in City Plan, but rather contain extra or more detailed regulations. If there are differences between the Neighbourhood Plan and the City Plan, the Neighbourhood Plan is followed – one reason why Neighbourhood Plans are so important. Neighbourhood Plans also contain a ‘vision’ for a local area, which can give you a good insight into what it might be like in the future.

Not all communities have a Neighbourhood Plan. Council decides which areas need a Neighbourhood Plan and when. Areas that are currently experiencing change, or likely to grow through extra housing, offices, industrial activity or some other form of business are prioritised.

NEIGHBOURHOOD PLANNING FOR THE FUTURENeighbourhood Plans are created by Council, together with residents and business owners, through a process called ‘Neighbourhood Planning’. This gives everyone the chance to decide what their neighbourhood will be like in the future.

Creating a Neighbourhood Plan follows an established process, outlined in Diagram A. If Council is intending to create a Neighbourhood Plan for your area, you’ll be sent a letter or a newsletter in the mail and Council will place advertisements in the local newspaper.

Council knows that local people have a genuine understanding of the area’s history, culture and what it needs, so there are lots of opportunities for you to contribute, like attending workshops, completing on-line or written surveys or being part of a Community Planning Team. Council’s town planners also work with Queensland Government agencies and people from across Council such as transport engineers and community workers to benefit from their expertise and knowledge of local issues.

Creating a Neighbourhood Plan can be a lengthy process. Once the plan has been drafted, it only becomes law (and is incorporated into the City Plan) after it has been reviewed by the community, Council and the Queensland Government and amended if necessary. From start to finish, the whole process can take up to two years.

HOW COULD THE NEIGHBOURHOOD PLAN CHANGE THINGS?Neighbourhood Plans are as much about protecting what local communities have, as they are about change. Neighbourhood Plans don’t have the power to make sweeping changes to an area such as remove whole industrial areas and replace them with homes. People who live in the area or own properties or businesses have existing property rights.

The way Neighbourhood Plans can influence what happens in local communities is to modify the rules contained in the City Plan. For example, zones can be altered or extra rules about development added through the codes. If the rules over your property are changed, such as your zone, it doesn’t mean you’ll be forced to move out. It just means that anything you want to do on your property in future will have to comply with the new rules.

Any proposed changes have to be weighed up by Council, together with the local community. Changes have benefits, but they can also bring upheaval. These potential costs need to be considered carefully by the whole community.

GIVE VOICE TO YOUR IDEAS If you’ve got a passion for planning and some good ideas for your neighbourhood, you might like to consider being part of a Community Planning Team for your area. Community Planning Teams work closely with Council’s urban planners and other experts to help prepare the draft Neighbourhood Plan.

Anyone who lives, works or owns property in a Neighbourhood Plan area can nominate to become part of the Community Planning Team. Council tries to select people with different backgrounds, ages, interests and skills to make sure lots of different views and ideas are heard. Teams normally have at least 15 members.

Visit Council’s website to find out where Neighbourhood Planning is underway and read proposed or final Neighbourhood Plans.

Plans for local communities were once called Local Area Plans. Council will gradually update and replace Local Area Plans with Neighbourhood Plans.

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JIM AND SARAH FIND OUT THE RULESJim and Sarah are thinking of buying an older ‘Queenslander’ in Albion and extending it for the family. The home is in a quiet street, not far from the train station. It also has a lovely nature strip along the back fence. Albion looks like an ideal place to live. It’s also close to the children’s schools, their work in the CBD, and offers a great selection of restaurants and cafes.

Before buying, Jim and Sarah decide to find out about the planning rules that apply to the property. Firstly, they check the property’s zone on Council’s website using the PD Online tool. They also look up the zoning next door. Their zone allows for houses up to two storeys, but Jim and Sarah are surprised to learn that townhouses and low rise units could be built next door.

They decide to read the Neighbourhood Plan to find out how the area could change in the future and download it from Council’s website. It says that more apartments, shops,

entertainment venues and a greater variety of businesses will be encouraged, especially around the station. They also see that Council is planning on building more bikeways and undertaking streetscape improvements.

Jim and Sarah like the buzz of inner city areas, even if it they are a bit noisier than other suburbs, and agree that Albion is the right area for them. They’ve heard that a new busway is being built through Brisbane’s northern suburbs, so they decide to download the State Government’s Regional Infrastructure Plan and Program and find out where it might go.

Looking at the draft maps, it seems the busway will pass about two kilometres from their house. This is great news as it means the children can get directly to Jim’s parents, who live in Bracken Ridge, on school holidays. They check the other maps to make sure no other major roads or pieces of infrastructure will pass through their property.

Jim and Sarah call Council to make sure they haven’t missed anything. They speak to a town planner who tells them the house they are looking at was built before 1947

and is in a demolition control precinct. This means it can’t be demolished without approval from Council and that any extensions will need to complement the architectural style of the home. The planner tells them they’ll also have to observe rules about things like building height, materials and the pitch of the roof, if they decide to renovate. The City Plan’s maps also show the property has a small waterway corridor at the back, which means their extension won’t be able to go as far back as they’d planned.

After considering all the facts, Jim and Sarah still have their heart set on the property, so they decide to go ahead and buy it. Soon afterwards, they hire an architect to design the extension so it meets their needs, as well as Council’s regulations.

HOW A NEIGHBOURHOOD PLAN IS CREATEDDiagram A

Review Neighbourhood Area

• review existing studies (e.g. environmental)• information gathered from Council knowledge• previous community feedback

Community engagement on key issues and priorities to address in the Neighbourhood Plan

Council and Community Planning Team prepares draft plan, with input from the broader community

Submit first draft plan for Queensland Government review and make publicly available on Neighbourhood Planning website

Amend draft plan based on feedback from Queensland Government

Draft plan distributed to local community for review and comment

MAKE FORMAL SUBMISSIONS NOW TO SUPPORT OR OBJECT TO PLAN

Council revises Neighbourhood Plan based on community submissions

Council submits revised Plan to Queensland Government for final review

Council finalises and implements Neighbourhood Plan

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Brisbane City Council Information

GPO Box 1434Brisbane Qld 4001

For more information visit www.brisbane.qld.gov.au or call (07) 3403 8888

N2009-02507© Brisbane City Council 2010

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FIND OUT THE RULES FOR YOUR PROPERTY Check out Council’s website and use the tool called ‘PD Online’ to complete the six steps below. You can also call Council for help on (07) 3403 8888.

Step one Find out your property’s zone. Zones (also called ‘area classifications’) tell you what you can and cannot do with the property. Your zone is the key to unlocking the planning rules for your property.

Step two Check if your property is a small lot.Different rules apply to properties that are smaller than standard, known as ‘small lots’.

Step three Find out if your property is in a ‘Demolition Control Precinct’. You cannot demolish or remove a building built before 1947 in a Demolition Control Precinct without approval. There are also rules about renovating or building in a DCP.

Step four Check whether the property is heritage-listed.Both Council and the Queensland Government have heritage registers and you should check both. Heritage-listed properties are protected and specific development rules apply.

Step five Look at the Neighbourhood Plan (or local plan) for the area. Some Neighbourhood Plans contain extra rules about new development.

Step six Check whether the property has other development constraints. Your property may have things that act as ‘constraints’ to development such as a waterway corridor, a patch of native bushland or an overland water flow.

Start your search now. Go to www.brisbane.qld.gov.au and click on ‘Planning and Building’, then ‘Tools and forms’.

OTHER SIMPLE GUIDES INCLUDE:A simple guide to planning and development in Brisbane.

A simple guide to making a submission.

A simple guide to building and renovating in Brisbane.

A simple guide to the way your neighbourhood could grow.

A simple guide to Brisbane’s heritage places and character homes.

Download copies from Council’s website or call Council on (07) 3403 8888 to have copies sent to you.

FROM STREET TREES TO BIKEWAYSNeighbourhood Planning is not just about writing new regulations. Through Neighbourhood Planning, Council also develops a list of practical projects to improve the local area and make it a better place to live. This could be anything from more street trees to better play equipment in a local park, extra bikeways or new community meeting rooms. This list is called the Enhancement Program and it’s used to guide how Council allocates its budget for the area.

Council progressively delivers the Enhancement Program. Work usually begins from the moment Neighbourhood Planning in the area starts, but some projects are undertaken in the medium term (4-6 years) or longer term (7-10 years).