Legislation update

Aged Care Amendment Package for Brisbane City Plan commenced 31 May 2019

17 May 2019

Amendments to Brisbane City Plan 2014 commenced on 31 May 2019 regarding building, extending or upgrading retirement and residential care facilities. 

More information about the passage of this aged care amendment package can be found in our previous articles on this topic.

The Queensland Government Gazette notice of adoption for the amendments indicates that the amendments are intended to:

  • support retirement and residential care facilities in locations where they are best suitable; 
  • enable existing retirement and residential care facilities to more easily redevelop or upgrade;
  • enable retirement and residential care facilities to more easily co-locate; 
  • remove unintended barriers to the establishment of retirement and residential care facilities; and
  • ensure that assessment criteria are aligned with and relevant to the use. 

the Council made amendments in response to submissions received during public notification. These amendments formed part of the package as adopted and now in effect. 

A high level re-cap is as follows: 

  • The level of assessment tables for the Medium-density residential zone and High-density residential zone have been amended to allow for an additional two storeys as code assessment where a neighbourhood plan does not specify building height.
  • The level of assessment tables have been amended to make provision for care co-located uses (activity group) which integrate with retirement facilities and residential care facilities. 
    • Care co-located uses can include club, community care centre, community use, food and drink outlet, health care service, office, place of worship and shop where those uses do not exceed a gross floor area of 250m2 and childcare centre if not exceeding a gross floor area of 400m2
  • References to the Residential Care Facility Code have been replaced with references to the Retirement and Residential Care Facility Code.
  • There is no longer a restriction on residential care facilities or retirement facilities in the low-density residential zone to a height no greater than one or two storeys. Instead, the bulk and building height requirements for such uses are set out in the Retirement and Residential Care Facility Code. 

If you would like to know more, please do not hesitate to contact HopgoodGanim Lawyers’ Planning team. 

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