The Road Ahead - New Development in Queensland

Foreword

Australia’s recovery from COVID-19 heralds the return of challenges associated with the planning and development of new projects, both large and small scale. Whether faced with a lot reconfiguration or plans for a multi-million-dollar construction proposal, new developments will often cause tension between developers, local governments, and within the community. It is important for those seeking to participate in the development process – whether they be developers, affected residents, or local councils – ensure their voice is heard.

The global economy is slowly recovering from COVID-19. During the pandemic, billions of dollars of projects were shelved due to the escalating costs associated with construction and labour shortages.

With Australia now emerging from this economic downturn, the road to recovery is paved with challenges which have not been as prevalent since the days of pre-pandemic. Several of these challenges are linked to factors such as an increase in investment in the planning and development of projects, access to suitably qualified professionals, and increased case volume before the Planning and Environment Court.

The process by which local councils assess new development applications has often involved a review of the merits of urban densification, urban growth boundaries, and restrictive land supply policies of local and state government, among other things. While these considerations are by no means new, the development assessment process may be required to adjust to accommodate projected population growth and interstate migration.

Recent research commissioned by the Property Council of Australia estimates 220,000 people – a population the size of Townsville and Gladstone combined – will be seeking to leave the southern states with a view of making Queensland their new home over the next five years.[1] While these estimates provide unique opportunities for developers, new challenges will arise to ensure there is an adequate supply of development that balances the competing objectives of developers, residents, and local governments. These competing interests will often provoke conflict between stakeholders.

The process of development is complex enough without disputes impeding a project’s momentum. Planning lawyers provide developers with valuable legal perspectives which will ensure these obstructions are either kept to a minimum or avoided entirely. This legal expertise may assist a developer in:

•  assessing the feasibility of a development proposal;
• lodging development applications;
• negotiating with local governments, submitters, and other relevant agencies;
• assessing the lawfulness of development conditions;
• responding to development refusals;
• nominating a suitably qualified list of experts to advocate on behalf of a development proposal;
• appearing in the Planning and Environment Court; and
• assisting in Council Show Cause Notices, Enforcement Notices, and prosecutions.

For those who already call Queensland home, it will become more of a priority to ensure the enviable Queensland lifestyle is maintained. With this in mind, it is becoming increasingly important for those who wish to have their say on applications for new development ensure that they are doing so correctly and in a manner which allows their submissions to be properly considered. If submissions have not been properly made, the submitter may jeopardise their ability to influence the outcome of a development which may impact them, their community, or their environment.

It is the responsibility of local governments to ensure new development complies with a strategic vision which is not only reflective of the community and its values but promotes sustainable economic and commercial growth. Acting as the arbiter for development applications on first instance, councils must ensure the decisions made with respect to new applications are consistent with Queensland’s ‘performance-based planning’ system. Lawyers often assist councils in a variety of circumstances including where local governments are required to defend or negotiate a position on appeal.

How we can help

Regardless of whether you are a developer, affected resident, or local council, an experienced lawyer helps to clarify the uncertainty of matters relating to development applications and can assist to preserve your rights relating to proposed developments. 

If you are seeking assistance regarding new development, our highly knowledgeable Planning & Environment team are experienced in acting on behalf of developers, affected residents and local councils and can provide advice on a wide range of matters relating to the planning and development process.

For over 125 years, the wilson/ryan/grose office has delivered reliable and friendly service for clients across Queensland. We can help navigate the tricky field of law relating to planning and development and assist you in reaching economical outcomes which are considerate of the needs of the community and the environment. If you require legal assistance, contact wilson/ryan/grose today.

[1] https://www.propertycouncil.com.au/Web/Content/Media_Release/QLD/2022/What_s_the_Plan__Queensland_.aspx