Planning and Environment Paper: Unlocking the Power of Positive Planning Policy: Returning flexibility to Queensland’s planning system - 21 December 2012

At the core of Queensland’s planning system under the Sustainable Planning Act 2009 (SPA) is a set of legally binding rules that regulate development decisions by assessment managers and the Planning and Environment Court. These ‘decision rules’ have increased in rigour over time to the point where, under the SPA today, they unduly constrain the exercise of discretion by assessment managers and, in the case of appeals, by the Court.

In this paper, which is a sequel to the author’s paper presented to QELA’s annual conference in May 2012, partner David Nicholls discusses the complexity of the decision rules and ways in which they might be reformed. 

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