Central Highlands Regional Council Planning Scheme 2016

Planning scheme

Access the Central Highlands Planning Scheme 2016 eplanning portal to:

Search and read the full planning scheme or just those parts applicable to you.
Search for a particular property by lot or address with our interactive mapping tool and view aerial imagery, zone and overlay mapping.
Request a property report.
Download and print code compliance tables and PDFs of the planning scheme.
Use your mobile device’s gps to locate your current position and search nearby properties.

For assistance navigating the planning scheme and interactive mapping, refer to this guideline document.

*Please use a modern internet browser such as Chrome, Edge, Firefox, Safari or Opera to access the eplanning portal. Internet Explorer is not supported by this site.”

Amendments

Council is committed to ensuring that the Central Highlands Regional Council Planning Scheme 2016 is a living and evolving document that is responsive to changing community needs, legislation, policy and other factors.

We achieve this through an ongoing program of community engagement, research and review and amendment of the existing planning scheme.

The Planning Act 2016 and the Minister’s Guidelines and Rules set out the process for making and amending the planning scheme which council must follow.

The amendment process takes time anywhere from 1 to 5 years, depending on the type of amendment and what matters are being considered. Each amendment involves a combination of research, consultation and review by Council, the community and the Department of State Development, Infrastructure, Local Government and Planning (Queensland Government).

This flowchart outlines the major planning scheme amendment process but there are a number of other types of planning scheme amendments such as, administrative amendments, minor amendments, and qualified state interest amendments.

For more information about planning schemes and the process of amendment, refer to the Queensland Government website.

We encourage you to regularly check this page to see what planning scheme amendments have been proposed and/or are underway and their current status.

Draft amendment of the Local Government Infrastructure Plan (LGIP)

Draft Local Government Infrastructure Plan LGIP 2
Major Amendment - Business Improvement and Innovation
What changes are proposed?

The Business Improvement and Innovation amendment will include a suite of changes intended to address identified gaps in the planning scheme and promote the development of tourism, agribusiness and small business. Some of the key changes in the amendment package are:
- integration of and alignment with council’s corporate policy documents, zoning changes, changes in the State Planning Policy July 2017 and other legislative documents
- introduction of the Carnarvon ecotourism precinct and greater support for tourism activities in rural or conservation areas
- updating map cadastre and relevant state-sourced mapping layers
- inclusion of triggers and assessment benchmarks for amenity and aesthetics applications for development such as shipping containers and conversions of shed into dwellings
- various corrections to levels of assessment, codes, terminology to address unintended policy implications, and correct errors such as spelling or references
- and the following amendments have been carried over from the withdrawn amendment package (previously described as amendment no. 1):
  - zoning changes to several parcels of land
  - requiring impact assessment for buildings in excess of zone height limits
  - requiring impact assessment for development of a dual occupancy on small lots.
What has happened to date?

On 3 February 2020, notice was given to the Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP) that council had decided via resolution 2019/06/25/018 to prepare a major planning scheme amendment.

On 2 March 2020, DSDMIP (now the Department of State Development, Infrastructure, Local Government and Planning) issued a request for further information in order to establish consistency with the Planning Act 2016 and State Planning Policy (SPP). The timeframe for the state review has been paused until this information is submitted.

What is happening now?

Council is currently working through the request for further information and plans to submit the revisions to the state in early 2021.

What is the next step?

Once Council receives approval from the state to proceed to public notification, Council will provide all amendment material, including explanatory fact sheets, to you (the community) for comment. Community members will then have an opportunity to make a submission for or against any part of the proposed amendment.
Major Amendment - Flood Hazard

What changes are proposed?

The purpose and general effect of the amendment is to more appropriately reflect the State interest – Natural hazards, risk and resilience in SPP 2017, adopt and utilise current flood models and risk categories, and better balance the potential for conflict between land use and flood risk. This amendment will also replace the current Temporary Local Planning Instrument (TLPI 01/2020) “Operational work within a flood hazard area” which will cease to have effect on 15 May 2022.

What has happened to date?

On 28 October 2019, notice was given to the Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP) that council had decided to prepare a major planning scheme amendment (Resolution 2019/04/09/005) and submit it to the state (Resolution 2019/09/10/015).

On 19 November 2019, DSDMIP issued a request for further information in order to ensure regulations under the Planning Act 2016 and State Planning Policy (SPP) are met. The timeframe for the state review has been paused until this information is submitted.

Council has also engaged hydraulic engineers to provide a more up to date model (2020) which will provide greater data in relation to the flood plain.

What is happening now?

Council has been working on addressing this request which includes, among other things, significant re-drafting of components of the planning scheme amendment, additional reports and public consultation prior to the response back to the state being submitted.

What is the next step?

We are aiming to consult with you (the community) around April 2021. This consultation will provide information on the journey Council has taken to date to understand and manage flood risk in the Central Highlands region. We will also be presenting updated flood models and other information for your review.
Major Amendment - Urban design guidelines and standards of service
What changes are proposed?

The purpose of the proposed amendment is to incorporate Urban Design Guidelines and design standards into the planning scheme which will enhance the built form of residential, commercial and industrial areas and associated streetscapes, landscaping and open space areas.

The amendment will also consider aspects such as:
- Crime Prevention Through Environmental Design (CPTED) principles
- coherent parts of streetscapes in existing and new development areas
- equitable access for people with disabilities or restricted mobility along continuous paths of travel
- desired standards of service for public area beautifications
- capitalising on locally unique settings, character areas, or cultural heritage places;
- planning provisions and/or policies that can create places of high-quality design in parks and town centres which encourage social and economic interactions.
Councils Liveability Strategy and Action Plan 2019-2020 requires that Urban Design Guidelines and Desired Standards of Service are established and incorporated into the Planning Scheme. This project will deliver upon multiple actions under the strategy.

What has happened to date?

This amendment is still in the concept phase and not yet begun.

What is the next step?

Depending on available resources, Council will seek to begin work on this amendment late in the 2020/2021 financial year.
Major Amendment - Heritage, Scenic Amenity and Indigenous Interests
What changes are proposed?

The purpose of the proposed amendment will be to (a) facilitate improvements to the Local Heritage Register to identify, preserve and showcase places of cultural heritage significance and (b) incorporate Indigenous Interests into the planning scheme.

The project will incorporate consultation and engagement with local communities and Traditional Owners to ensure improvements to the heritage register and Heritage Overlay Code align with stakeholder values and themes which characterise the cultural identity and sense of place which is unique to each part of the Central Highlands region and its history.

The amendment will also consider aspects such as:
- Preservation of landscapes that have an associated cultural significance and/or high scenic amenity value to the region
- Development of a list of additional places to be considered for the local heritage register
- Preparation of individual place cards which describe the significance of each place and associated mapping amendments
What has happened to date?

This amendment is still in the concept phase and not yet begun.

What is the next step?

Depending on available resources, Council will seek to begin work on this amendment in the 2021/22 financial year.
Major Amendment - Blackwater and Blackwater East Priority Development Area revocation

What changes are proposed?

The urban area of Blackwater, north of the Capricorn Highway, is affected by two Priority Development Areas (PDAs) declared under the Economic Development Act 2012, meaning that development and planning in this area is bound by different provisions to the rest of the Central Highlands.

The assessment manager of a PDA is Economic Development Queensland (EDQ) for all functions and powers unless the Minister delegates a specific function or power to Council. For example, the Minister for Economic Development Queensland (MEDQ) delegated the authority for development assessment within the PDA’s from the MEDQ to Council on 4 July 2016.

Council intends to work with Economic Development Queensland (EDQ) to progress the revocation of these declared PDAs, which would see these urban areas incorporated back into the Central Highlands Regional Council Planning Scheme.

Once this occurs Council, and by extension the Central Highlands community, will have greater say in shaping the future development of Blackwater.

What has happened to date?

This amendment is still in the concept phase and not yet begun.

Council has been working with EDQ to undertake data cleansing to assist council resolve to undertake this revocation project I.e afting of the amendment. EDQ will drive this drafting process with council assisting through the community consultation and gazettal of the amendment.

What is the next step?

Depending on available resources, drafting of this amendment may begin in mid 2021.

Improve the plan

The Central Highlands Regional Council is committed to continual improvement of the Planning Scheme. We continually reflect on all the state government interests and any regional plan updates that exist for the Central highlands region and encourage you to get involved by suggesting improvements for consideration for future updates and amendments.

All suggestions will be considered as part of the ongoing program of amendments. Any changes resulting from your suggestion will be scheduled into the applicable (administrative, minor or major) update packaged. Future amendments will be under the Planning Act 2016 and associated Planning regulation 2017 which took effect from the 3 July 2017 and in line with the statutory instrument for plan making in Queensland, the Ministers Guidelines and Rules (MGR).

You will be advised of the outcome of your suggestions.

Please send all suggestions to tplanning@chrc.qld.gov.au with “Attention: Strategic Planning – CHRC Planning Scheme Improvement Suggestion” as a subject line.

Example of improving the plan

It is advised that Economic Development Queensland (EDQ) have the ability to declare Priority Development Areas (PDA’s). There are presently two (2) declared priority Development Areas within the Central Highlands region, being Blackwater and Blackwater East. These PDA’s are recognised in the Central Highlands Regional Council Planning Scheme 2016. All development application are assessed against the Blackwater PDA Development Scheme and the Blackwater East PDA Development Scheme under the Economic Development Act 2012 (ED Act). For more information on these areas please follow the link to Economic Development Queensland’s website. These development schemes are the regulatory documents which assist with planning, carrying out, promoting, coordinating and controlling land development within the specific PDA. The Minister for Economic Development Queensland (MEDQ) has agreed to a request from Central Highlands Regional Council (CHRC) to delegate development assessment within the PDA to CHRC. From 4 July 2016, CHRC is responsible for assessing any development applications on behalf of the MEDQ. Development applications are assessed by CHRC against the PDA development scheme providing a streamlined process.

Future amendments are intended to keep improving the plan and outlined in http://www.centralhighlands.qld.gov.au/building-planning-projects/development/planning-documents/central-highlands-regional-planning-scheme/

Background

An extensive amount of work has gone into getting the Central Highlands Regional Council Planning Scheme 2016 to completion. This not only includes work undertaken by Council, but also from the community who have provided input into Council’s strategies and policies which have fed into the drafting of the Planning Scheme.

The process Council used to develop the Central Highlands Regional Council Planning Scheme 2016 is regulated by the statutory guideline for making or amending a local planning instrument prescribed by the Sustainable Planning Act 2009. Drafting the new Planning Scheme included the following steps:

Phase	Activity	Timing
Stage 1 (Proposal for new Planning Scheme)	Resolution to prepare a new Planning Scheme	18 January 2010
Stage 1 (Preparation of Planning Scheme)	Preparation of background studies and Priority Infrastructure Plans	February 2010 to March 2014
· (Preparation of Strategic Framework Element)	Drafting	February to June 2012
	Public consultation	August to September 2012
	Adoption of Central Highlands Strategic Framework 2031	31 October 2012
· (Drafting of Planning Scheme)	drafting of Planning Scheme	July 2013 – March 2014
Stage 2 (First State Interest Review)	Council resolved to send draft Planning Scheme to State for review to ensure compliance with State Interests.	23 April 2014 · State formally responded 4 November 2014
Stage 3 (Public Consultation)	Formal public consultation of draft Planning Scheme	January to March 2015
Stage 3 (Public Consultation)	Council considered the submissions received during the public consultation and amended the draft planning scheme accordingly.	March to August 2015
Stage 3 (Ministerial Review)	Council resolved to send draft Planning Scheme to State for review by Minister for final check to ensure compliance with State Interests.	9 September 2015 · State formally responded 8 February 2016
Stage 4 (Adoption)	Council resolved to adopt the Planning Scheme to commence on 4 March 2016.	24 February 2016

FAQ's

What is a planning scheme?

A planning scheme helps us to manage growth through regulating existing land use and new development. This legal document assists to facilitate change within the region by setting direction, improvement and innovation that reflects community aspirations.

What is ‘development’?

The planning scheme regulates land use and development. ‘Development’ is defined under the Planning Act 2016 (the Act) as:

Material Change of Use (MCU) (e.g. establishing a new house, shop or office building);
Reconfiguring a lot (e.g. subdivision);
Operational work (e.g. landscaping works, engineering works, placing an advertising device on premises, vegetation clearing);
Building work; or
Plumbing and Drainage work.

What are the planning scheme objectives?

To produce a single, integrated planning scheme that regulates development across the whole Central Highlands region.
To produce a planning scheme that is simple and easy to use and administer.
To comprehensively address the expectations of the community.
To achieve compliance with the Planning Act 2016, the State Planning Policy and the Central Queensland Regional Plan.

How will the planning scheme affect me?

We had been operating under four planning schemes from the former shire council areas that dealt with development differently and have different provisions. It’s important to have one planning scheme that reflects the needs and aspirations of the whole region.

Does the planning scheme affect existing uses?

The planning scheme does not affect lawful uses which may continue to operate indefinitely in accordance with their relevant approval (if applicable). However, a proposed change in the scale or intensity of an existing use may need to be assessed against the planning scheme.

Why did we need a new planning scheme?

Queensland Government’s introduction of new planning legislation has driven planning reform throughout Queensland. A key objective of the reforms is to improve consistency in purpose and provisions between planning schemes and their interpretation. In response to their reform the many differences between the four schemes that were operational in the Central Highlands region have been resolved through one document. If you own a property or business in the Central Highlands region or live, work or holiday here, the planning scheme will help achieve sustainable local land use and development.

TLPI

A temporary local planning instrument (TLPI) is a statutory instrument created under the provisions of the Planning Act 2016 via the process stipulated in the Minster’s Guidelines and Rules 2017 which may suspend or otherwise affect the operation of a planning scheme for a period of up to two (2) years from its commencement date.

Generally a TLPI is an interim response that:

is put in place quickly to protect a specific local government area from adverse impacts
prevails over the Planning Scheme when an inconsistency arises
enables longer term planning provisions to be shaped while it is in effect (usually a change to the Planning Scheme takes 12 months)

Current TLPIs in effect

TLP 1/2020 (Operational Works within a Flood Hazard Area)

On 15 May, 2020 Temporary Local Planning Instrument 01/2020 – Operational Works within a Flood Hazard Area (TLPI 02/2020) came into effect.

The purpose of TLPI 01/2020 is to ensure that the excavation of land and importation of fill into a flood hazard area is subject to an appropriate level of assessment given that such development may cumulatively cause adverse impacts external to the development site such as reduction of flood storage and changes to flows, velocities or levels for flood events.

Download the Notice from the Government Gazette of Temporary Local Planning Instrument 01/2020.

Download the Temporary Local Planning Instrument 01/2020.

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