The Queensland Coastal Plan

The Queensland Coastal Plan The practical implications for planners AUGUST 2011 Matthew Schneider Humphreys Reynolds Perkins Planning Consultants

Purpose 1 Provide an overview of how the Queensland Coastal Plan will be implemented through the development assessment process. 2 Focus on the practical implications for planners and applicants 3 Outline the key opportunities and challenges 4 Consider some broader implications for planning and development

Overview 1 The reason for the new QCP 2 The structure and effect of the QCP 3 Determining where the QCP has effect 4 Determining when referral is triggered 5 The development to which the QCP applies 6 The key requirements of the QCP for development 7 Dealing with non-compliance 8 Concluding observations

1 The reason for the QCP The genesis of the QCP: Coastal Management and Protection Act 1995 State Coastal Management Plan (SCMP) commenced in 2001 Regional Coastal Management Plans progressively introduced Formal review of SCMP in 2008 Report on Review of SCMP published in 2009 Draft Queensland Coastal Plan released in 2009 Queensland Coastal Plan released for commencement in August 2011

1 The reason for the QCP The SCMP Review concluded: The SCMP has been difficult to interpret and apply The SCMP has not been particularly effective There are a barriers to better implementation The coastal planning system needs to be simplified That duplication and overlap between coastal plans and other planning instruments and processes needs to be reduced More effective use needs to be made of planning legislation

1 The reason for the QCP 1 The objectives of the QCP: greater policy certainty to provide consistency in outcomes greater certainty in relation to coastal hazards and their management improved natural resource management better integration with other planning, development and natural resource management instruments simplification of the plan and removal of duplication and overlap. 2 Responding to the threat of climate change impacts

2 Structure and effect of the QCP 1 The QCP comprises two discrete parts: State Policy for Coastal Management - does not apply to assessable development under the SPA - applies to other management, planning, activities, decisions and works - applies to non-spa decision-making (e.g. EP Act, LG Act, SDPWO Act) State Planning Policy for Coastal Protection 2 The SPP will have affect in the making of new planning instruments and in development assessment. It will prevail over local government planning instruments to the extent of any inconsistency.

3 Determining where the SPP applies The SPP applies to the Coastal Zone The Coastal Zone extends: - from 3 nautical miles (5.56 km) seaward of the coastline; - to the furthest of 5 kilometres landward of the coastline, or 10m AHD. With a coastline of around 7,400 km, the Coastal Zone covers an area of over 78,000 square kilometres

3 Determining where the SPP applies

3 Determining where the SPP applies Within the Coastal Zone, there are a number of finer-grained areas affected by particular requirements: the Costal Management District; Coastal Hazard Areas, Erosion Prone Areas; Areas of Ecological Significance; areas subject to Scenic Preference Rating; Port Areas; Maritime Development Areas; and Aquaculture Development Areas.

3 Determining where the SPP applies ^ Map of Administrative Layers ^ Map of Areas of Ecological Significance ^ Map of Costal Hazard (Storm Tide Inundation) Areas ^ Map of Costal Hazard (Erosion Prone) Areas

4 Determining when referral is triggered DERM will retain its existing concurrence agency jurisdictions under SPA: Building work, assessable against the Building Act, on land completely or partly seaward of a Coastal Building Line; Tidal works (other than prescribed tidal work in a canal) or other prescribed Operational Work, within a Coastal Management District; most Reconfigurations of a Lot within a Coastal Management District or in connection with the construction of a canal; Material Changes of Use if carrying out the change of use will involve: - Operational Work in a Coastal Management District; or - Building Work in a Coastal Management District involving the construction or enlargement of a premises by 1,000sqm GFA

4 Determining when referral is triggered DERM s referral agency jurisdictions are limited to particular development within the Coastal Management District (CMD). Even if an application is located in the CMD and referred, DERM does not assess the development against the scenic amenity provisions of the SPP. That responsibility falls to the local government assessment manager. For development within the Coastal Zone, but outside the CMD, the local government assessment manager is responsible for assessing the application against the provisions of the SPP.

5 Development to which the SPP applies The Coastal Plan doesn t independently create new assessable development: neither the SPP, nor the proposed legislative amendments*, introduce new triggers for assessable development under the Sustainable Planning Regulation 2009. the SPR presently contains triggers for assessable development related to coastal management and protection. Those triggers continue to operate. The SPP applies to two different categories of development: Development in the Coastal Zone and the Coastal Management District Development in the Coastal Zone but not the Coastal Management District *under the Environmental Protection and Other Legislation Amendment Bill 2010

5 Development to which the SPP applies Development within a CMD Building work, assessable against the Building Act, on land completely or partly seaward of a Coastal Building Line; most Operational Work; most Reconfigurations of a Lot; Material Change of Use that will result in: - Operational Work (other than conducting a forest practice or works assessable against the Water Act 2000; - Building Work involving the construction or enlargement of a premises by, or to be, 1,000sqm GFA; - most Building work within 500m of the coastline Development outside a CMD Material Change of Use the will require: - clearing vegetation in an area of High Ecological Significance; - new permanent structures for accommodation purposes within a Coastal Hazard Area; - Building Work within 500m of the coastline, unless: there are existing built structures on a lot seaward of the site and the seaward lot is not State coastal land; or the Building Work only extends an existing structure and does not increase its height - filling an area greater than 1,000m 2 within a Coastal Hazard Area.

5 Development to which the SPP applies Development within a CMD Development outside a CMD Reconfiguring a Lot within the Coastal Hazard Area that would result in : - an increase in the number of lots; and - an increase in the number of residential dwellings or premises; Operational Work that involves: - filling an area greater than 1,000m2 within the Coastal Hazard Area; or - clearing vegetation in an area of High Ecological Significance.

5 Development to which the SPP applies 1 Development to which the SPP expressly does not apply: Building Work assessable only against the Building Act 1975; Operational Work that is clearing an area of High Ecological Significance to the extent necessary for a Domestic Activity (including buildings and structures reasonably associated with a dwelling house). 2 Development commitment does not include existing development applications or appeals is not an exemption from the SPP and compliance must still be maximised, impacts on HES offset and natural coastal processes preserved.

6 The key requirements for development 1 Development in Coastal Hazard Areas Plan maps bother High Coastal Hazard Areas and Medium Coastal Hazard Areas. Generally, only the following development is sought in Coastal Hazards Areas: - coastal-dependent development (no residential development); - temporary or readily relocatable development (e.g. picnic tables and demountable structures); - essential community service infrastructure, including public benefit assets, that cannot be located elsewhere; and - redevelopment that does increase risk to people and property.

6 The key requirements for development Development in Coastal Hazard Areas: Urban development in an urban locality and High Coastal Hazard Area must be consistent with either an Adaptation Plan or a Risk Assessment; No greenfield urban development in High Coastal Hazard Areas; No greenfield residential development in High or Medium Coastal Hazard Areas. Residential development permitted in an urban locality and a Medium Coastal Hazard Areas, providing it is supported by a Risk Assessment;

6 The key requirements for development 2 Development in areas of High Ecological Significance: Areas of High Ecological Significance are based on other environmental management frameworks (remnant vegetation, biodiversity areas etc.) Development permitted within HES is limited to: - Urban purposes in an urban locality; - Development in a maritime development area or aquaculture area; - Development associated with a port or airport; - Some infrastructure for aquaculture development; - Minor public maritime infrastructure; and - Extraction purposes in a KRA

6 The key requirements for development Development for an Urban Purpose in an Urban Area exempt from VMA requirements Development for an Urban Purpose in an Urban Locality permitted but area of HES is to be avoided, impacts minimised and any unavoidable impacts offset by way of an Environmental Offset

6 The key requirements for development 3 Scenic amenity Assessing scenic amenity is outside the jurisdiction of DERM and rests with local governments. SPP Guideline prescribes a lengthy Scenic Preference Rating assessment methodology that needs to be followed to assess compliance with Specific Outcomes of the code. Assessment required for development within Areas of Scenic Preference (which includes areas within 500m of coastline or a bank of a waterway or estuary in the Coastal Zone). The requirements do not apply to solely urban views and some other circumstances, but assessment is required to determine whether assessment is required.

6 The key requirements for development 4 Automatic land surrender in Erosion Prone Areas Existing reserve power of the Coastal Protection and Management Act carried through into the SPP Code; Applies where a RoL that creates additional allotments is proposed on land within the Coastal Management District and the Erosion Prone Area. Any land in the Erosion Prone Area automatically surrendered to the State for coastal management purposes. Exceptions where substantial development already exists seaward of the proposed reconfiguration.

7 Dealing with non compliance Development must not conflict with the SPP unless there are sufficient grounds to justify approval despite the conflict; Part D of the SPP alters the standard decision rules by prescribing only 3 acceptable circumstances for not fully achieving the policy: - where development provides an overriding need in the public interest; - where development is a development commitment; - where development is for a public benefit asset. Even in the acceptable circumstances, maximum practicable compliance is to be achieved, coastal processes protected and impacts on Areas of HES offset.

8 Concluding observations The QCP will have broad and significant implications for planning. The State has made a firm commitment and provided certainty. The Code is complex and technical in its nature. We should avoid stifling innovation with prescription. The limitations imposed on residential development in High Risk Coastal Hazard Areas could have a major influence. Reconciliation with other State planning instruments may be complicated; The QCP elevates the level of protection afforded to existing environmental protection areas. It is critical for local governments to progress Adaptation Plans for High Risk Coastal Hazard Areas. The integration of Adaptation Plans into local government planning schemes needs to be a key focus for planners. There will be substantial cost, resourcing and capacity implications for local governments.

Humphreys Reynolds Perkins Planning Consultants www.hrppc.com.au