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Brisbane City Council votes in favour of a ban on multiple dwellings in low-density residential suburbs

In September 2018, the Brisbane City Council requested that the Queensland Government approve amendments to the Brisbane City Plan 2014 (City Plan). The proposed amendments would (amongst other things) prevent multiple dwellings from being built on lots larger than 3000 square metres in the Low-density residential zone. This would prohibit larger developments, such as apartment buildings and townhouses, from this zone. The State Government is currently seeking further information from the Council regarding the impact that the proposed changes will have on housing supply in the region.

This delay in approval from the State Government has prompted Council to implement a temporary local planning instrument (TLPI) to prevent apartments and townhouses from being built in Low-density areas.

The Minister’s Guidelines and Rules under the Planning Act 2016 sets out the process for the approval and adoption of a proposed TLPI. Following the decision of the Council to implement a TLPI, the proposed instrument must be provided to the Minister for approval, who has 20 days to make a decision. At this point, the Council has the ability to request that the Minister approve an earlier date for the TLPI to become effective. If the Minister approves the TLPI, notice of this approval must be provided to the Council, who must then decide whether or not to adopt the TLPI. Following the Council’s decision to adopt the TLPI, various public notice requirements must be complied with, and a copy of the public notice and a copy of the TLPI must be provided to the Chief Executive within 10 days of its adoption.

Councillors voted unanimously in favour of the TLPI at the Council meeting held on Tuesday, 5 February. The introduction of the TLPI will operate for up to two years, or until the proposed amendments to City Plan 2014 are in force.

We will provide a further update in due course as more information becomes available.

This article was written by Peter Bittner, Partner, Luke Walker, Associate and Harriet Weedman, Law Clerk.

Peter Bittner

P: +61 7 3169 4743

E: pbittner@hwle.com.au

Important Disclaimer: The material contained in this publication is of a general nature only and is based on the law as of the date of publication. It is not, nor is intended to be legal advice. If you wish to take any action based on the content of this publication we recommend that you seek professional advice.