How To Write A Plan Of Definitions For Qld Planning Code

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1 Garth Moore Strategic Planning Manager Planning and Development Department Ipswich City Council Regulatory Reform Standard Planning Scheme..and some other stuff. Planning Institute of Australia (Queensland Division) State Conference in Brisbane 2009

2 Queensland Planning Provisions The Suite of Definitions A Local Government Perspective Disclaimer: The content and opinions expressed in this presentation are my own and do not represent the policy position of Ipswich City Council to the draft Queensland Planning Provisions.

3 General Comments In the first instance I would like to compliment the State Government and DIP for venturing where no government in Queensland has gone before. The concept of a standardised framework for land use planning in Queensland is long overdue.

4 General Comments The movement of personnel between Local and State Governments and private practice is pervasive in our modern mobile society. Development capital is not bound by local government boundaries. The globalisation of investment has meant that any development could be financed from anywhere. The regionalisation of planning in Queensland has blurred the formally hard edges of local government boundaries with a consequent demand from industry and state agencies for a rationalisation of planning frameworks, jargon and assessment methodologies.

5 Part A Planning Scheme Structure The structure of part A Planning Scheme Structure As a initial observation the overall structure of part A Planning Scheme Structure is restrained and not overly prescriptive. This approach to the QPP is fully supported. The Planning Scheme Structure is akin to a coat hanger to which local government drapes the clothes of its local community on.

6 Module B Drafting Instructions An initial observation: There is a gulf of difference between standardisation of process as against simplification. The QPP Module A: Planning scheme structure provides an excellent standardised structure. Unfortunately in the Drafting Instructions, standardisation has moved to simplification. This is seen in minimising the number of zones, prescribing the purpose of zones and locking up use and administrative definitions. The purpose of my presentation is to workshop the Suite of Definitions.

7 Schedule 1 Definitions The QPP advises that local government may add to the standard suite of definitions with departmental approval. However, the QPP provided no mechanism for local government to negotiate with DIP for amendments or additions to the standard suite of definitions. There are a number of local governments currently preparing SP Act compliant schemes and a finalised suite of definitions is critical to their production.

8 Schedule 1 Definitions A cursory glance at the use and administrative definitions will reveal to any drafter of planning schemes that: particular uses are missing: e.g. - there is no definition for Commercial Residential mixed use large or small; - there is no definition for a Display house; - there is no definition for a General store,

9 Schedule 1 Definitions Or that there are internal inconsistencies between definitions: e.g. - Advertising device does not differentiate between whether the device is temporary or permanent; - Garden centre does not include Plant nursery or exclude Bulk landscape supplies ; - Home based business describes occupations and business activities but does not include a hobby, should this use be described as a Home based activity

10 Schedule 1 Definitions or there are interesting inclusions in definitions e.g. - Multiple dwelling includes Dual Occupancy (which is undefined). I believe there is sufficient industry and community acceptance that dual occupancy is another form of low density residential development. Calling them Multiple dwelling will create unnecessary confusion for community, local government and industry. In addition it creates a need for unnecessary scheme drafting, i.e. there will be a need for a variation or If statement in the Table of Assessment when the term Multiple dwelling is used and the local government wishes to include or exclude a Dual occupancy.

11 Schedule 1 Definitions The counter to the points raised above, is that there are over a hundred planning schemes in Queensland, that they all have their own set of definitions and that local government planners will never all agree all the time on all the definitions. However, there has never been a standard list of definitions for planners to draw from and English is such a polyglot that without structure just about anything could be construed to mean something else. Despite this we, as in the whole planning industry, must assist DIP in formulating the most sensible and logical list of definitions. Don t complain, lodge a submission and get your point of view across.

12 Schedule 1 Definitions This leads me into the whole point of why I actually wanted to give the presentation on the Suite of Definitions today. You ll notice I did not use the term comprehensive list of definitions, above. I do not thing it is possible to generate a comprehensive list of uses. Rather I will be advocating the clustering or nesting of definitions. Clustering provides: - clarity of intent; - ease of scheme drafting; and - of greatest importance flexibility.

13 Clustering Definitions Alphabetical listing of all uses is actually very time consuming, particularly if you don t know what something is defined as. For example I m looking for the definition of a restaurant (search, search, search) its not there! He thinks! Café; (search, search, search) its not there! He thinks! Food! (search, search, search) finds Food and drink outlet. Which includes Café, restaurant, coffee shop etc. (not in alphabetical order by the way). So the QPP provides a bit of clustering.

14 Clustering Definitions BUT Isn t a restaurant just a fancy shop, which is a business. So could not all uses which involve the exchange of goods and services be a Business use?

15 Clustering Definitions Clustering of use definitions into use classes allows a broad range of allied uses to be considered under a single definition. e.g. under the current Ipswich Planning Scheme, a Business Use includes auction depot; bulky goods sales; broadcasting station; cafe; cake shop; farm supply outlet; fast food premises; food delivery service; funeral premises; garden centre; hot bread shop; hotel; laundromat; medical centre; office; produce/craft market; professional office; restaurant; service station; shop; snack bar; takeaway food premises; vehicle sales premises; or veterinary clinic. The variations or if column allows uses within a use class to be excluded or excluded subject to specific conditions. For example:

16 Clustering Definitions In the ICC Planning Scheme s Local Retail and Commercial Zone a Business use is Exempt if (a) (i) a shop located within an existing building approved or lawfully used for a business use and involving the use of less than 1000 m² of gross floor area in the LC1 Sub Area, or the use of less than 500 m² of gross floor area in the LC2 Sub Area; or (ii) a business use, other than a shop, located within an existing building approved or lawfully used for a business use; and (b) operating between the hours of 6.00 a.m. and p.m.; and (c) the requisite number of parking spaces are provided for the use in accordance with Table of the Parking Code (Part 12, division 9). Impact Assessable if (a) a funeral premises or a service station; or (b) a shop or bulky goods sales involving the use of more than 6000m² of gross floor area in the LC1 Sub Area, or the use of more than 2000m² of gross floor area in the LC2 Sub Area; or (c) a veterinary clinic for the keeping of animals overnight; or (d) the predominant use of premises for a skin penetrating activity other than acupuncture. Code Assessable otherwise.

17 Clustering Definitions Under the QPP of course there would be opportunities to consider Compliance assessment

18 Clustering Definitions The use definitions should not be presented alphabetically. They should be grouped into a number of broad headings eg - Residential - Commercial/Industrial - Recreation/Entertainment - Rural - Other Whatever these groupings are they should probably be standard across the State. The advantage of this approach is that searching for a use is much easier and we d all be searching for uses in the same place.

19 Clustering Definitions The actual clustering of uses into use classes could be a function of the QPP or local government. Personally I have a bias to local government determining which uses should be included in a particular use class, with the concurrence of DIP. This would allow some local craft to be incorporated into Planning Schemes. In intensively urban places the use class Multiple Residential could include: apartments; boarding houses; caravan parks; nursing homes; retirement communities; and town houses.

20 Clustering Definitions However, as with the groupings of uses the actual use class heading should probably be standard across the State. Again as with the groupings of uses advantage of this approach is that searching for a use is much easier and we d all be searching for uses in the same place.

21 Administrative definitions I admit that I m a simple lad and that I love brevity but in my humble opinion the QPP seems to have lost the plot with the Administrative definitions. There may be a very valid argument that the spectrum of Administrative definitions have grown to disproportionate size and that many of these terms could and should rely on their common meaning. It s just a huge number of arguments have been resolved by being able to pull up the Administrative definitions and say to a proponent, Councillor or colleague this is what (insert term) means in the scheme.

22 Administrative definitions To grab a small number of examples: The QPP defines Access strip but not Access easement, Area or Building site. Capital cost, Capital works program, Equivalent person and other terms used in the drafting of PIP s are not defined. Overland flow path is defined but the Average recurrence interval is not. My difficulty here is there does not appear to be a consistent approach to what the QPP Administrative definitions are trying to achieve.

23 Conclusion What s good Standard definitions are a good idea. The level of open consultation in the production of the QPP by DIP has been exemplary. There has been robust and open discussion with positive movement by all parties to produce a document that works. It would be extremely unfortunate if this level of open communication between government and industry ceases once the QPP takes statutory effect.

24 Conclusion What isn t The standard suite of uses and the administrative definitions require further extensive and detailed workshopping with local government. The range of definitions proposed and what these definitions include and exclude needs to be reviewed. Serious consideration needs be given to the clustering of definitions into use classes.

25 Conclusion The document must be an active and reactive guide that adapts quickly to innovation. Urban Planning is at its most vibrant for many decades. Smart Growth, Transit oriented developments, peri urban issues, sustainability, climate change and peak oil are some of the issues that are radically changing accepted paradigms of planning. These modern constraints, opportunities, innovations and aspirations will change the way urban and rural places develop and redevelop. To retain relevance, the QPP should not be there to actively address all of these issues but rather be flexible enough to accommodate and encourage change and innovation in plan drafting and implementation. Otherwise the QPP will become just another bureaucratic process that contributes to the logjam of processing development and stifles innovation for excellence in planning outcomes.

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