The planning framework
The planning framework for the Waterfront project has been designed to accelerate development within it. Effectively the planning and development assessment process is fast-tracked – which means that the processing times for applications are shorter and decisions can be made sooner so that development can start quicker.
Development within the Waterfront is really quite unique. Assessment of development that is proposed to be undertaken is performed against legislation (the Economic Development Act 2012) a site specific development scheme (the Townsville City Waterfront PDA Development Scheme) and where applicable other planning controls such as the City Plan 2014 and policy documents.
There are four levels of development assessment that apply to development in the Waterfront PDA. That is:
- Exempt development (a development permit is not necessary prior to starting works)
- Self-assessable development (a development application is not necessary provided that development complies with the self-assessable criteria of the Development Scheme)
- Assessable development which is permissible (a development application must be lodged for assessment against the legislation, Development Scheme and other planning controls)
- Assessable development which is prohibited (development cannot be carried out)
Development that is assessable and requires the public at large to receive notice about it will go through the same notice publication process required if the development was to be undertaken outside of the Waterfront. This involves publishing a notice in the Townsville Bulletin, placing signs on the development site and giving written notice to the Minister, the adjoining land owners and any other entity that the Minister requires. Any person who wishes to make a submission about the application can do so – either by stating reasons against the application or providing support for the application.
However, unlike development applications outside of the Waterfront, where a person who made a submission has the ability to later appeal a decision to the Planning and Environment Court, within the Waterfront, the making of a submission does not give rise to a right of appeal. Submissions made will be taken into consideration by the Minister when deciding the application, however in order to avoid potential delays which would compromise the objectives of the purpose of the legislation to provide for accelerated development, there is no ability of a person who has made a submission to appeal the decision to the Planning and Environment Court.