The Queensland State government is proposing to introduce amendments to the Sustainable Planning Act 2009 (SPA), to protect certain existing uses from 'urban encroachment'. Similar legislation was enacted in 2009 in relation to the Milton Brewery. 

The amendments would insert new provisions into the SPA to restrict civil proceedings, and criminal proceedings under a local law, in circumstances where activities on 'registered premises' involve the emission of aerosols, fumes, light, noise, odour, particles or smoke, and where the activities comply with any development approval and applicable code of compliance. Protection from emissions-based nuisance complaints could be of particular significance to premises operating, for example, a poultry farm, brewery or other industrial operation.

The registration of premises has significant consequences for owners of lots in the 'affected area'. 

In this paper, partner Sarah Persijn and solicitor Robyn Lamb discuss the proposed 'urban encroachment' amendments to the SPA, considering the consequences for lot owners who seek to register premises, own registered premises or own lots surrounding registered premises.

Please click on the PDF icon to download a full copy of this paper.

Click here to read more from HopgoodGanim's Planning and Environment team about other amendments to the SPA that have been proposed recently.