Last month both the Gladstone and Bundaberg Council’s adopted new Planning Schemes.
Even though both of these Planning Schemes have now commenced, there is still potential to apply for a development approval under the old Planning Schemes that they have replaced.
For some land owners, new is not always better as the old Schemes may have offered better development outcomes, like higher density, greater building heights, bigger lot sizes etc.
Commonly known as the “use it or lose it” provision, section 95 of the Sustainable Planning Act allows for land owners to apply to Councils under an old Planning Scheme, even though a new Scheme has commenced. The old Planning Scheme becomes known as the “superseded” Planning Scheme.
However, there is a time limit – you must lodge a request for an application to be assessed against a superseded Planning Scheme within one year of the commencement date of the new Scheme.
So, if one of the new Planning Schemes in Gladstone and Bundaberg changes the development prospects of your land in a way that you believe is adverse (like reducing density, restricting land uses, decreasing building height etc) you may want to consider applying for development approval under the superseded Scheme.
If you would like to know more about how your property has been affected by either of the new Gladstone or Bundaberg Planning Schemes, please contact Mick Sheppard on 5443 5566 or mick.sheppard@dfsgroup.com.au to find out more.
