Growth Infrastructure and Waste Committee
NO. 2
9 March 2023
LATE REPORTS
8. **New Ipswich Planning Scheme (Draft) - Stage 1:
Planning Scheme Preparation and Stage 2: Public Engagement
At its meeting of 28 July 2022
Council endorsed the draft new Ipswich Planning Scheme and draft Planning
Scheme Policies (Ipswich Plan 2024 (Draft)) and the progression of the draft
scheme to first State Interest Review in accordance with the provisions of the Planning
Act 2016, the Planning Regulation 2017 and the Minister’s
Guidelines and Rules 2020.
This report is intended to
facilitate Council’s endorsement of a revised draft of the Ipswich Plan
2024 (Draft) to enable completion of the first state interest review.
The
preparation of the Ipswich Plan 2024 (Draft) has included:
· Public consultation on the Statement of Proposals
(including a draft Strategic Framework) in 2019 including a review of public
submissions and preparation of a consultation report used to guide the policy
direction and drafting of the new planning scheme;
· Numerous workshops and briefing sessions with the
Mayor & Councillors from April 2020 to February 2023;
· Preparation of detailed studies on key issues to
inform the preparation of the draft planning scheme including-
a. Flooding;
b. Bushfire;
c. Mining;
d. Biodiversity;
e. Commercial
and retail supply and hierarchy;
f. Industrial
land supply;
g. Housing
range, supply and availability;
· Submission of the
draft new planning scheme and draft planning scheme policies to the Department
of State Development, Infrastructure, Local Government and Planning for Review
in July 2022;
· In September 2022,
the Department of State Development, Infrastructure, Local Government and
Planning provided a request for further information and a pause notice and
information request (Information Notice) to Council, to permit the opportunity
for a range of issues to be discussed and addressed; and
· Continued
engagement with the Department of State Development , Infrastructure, Local
Government and Planning (DSDILGP) to address questions and issues arising from
the state interest review.
This report is intended to
address the Information Notice and associated comments from the DSDIGLP
received during the first phase of the State Interest Review through a revised Ipswich
Plan 2024 (Draft). This will permit the completion of the first State
Interest Review and allow progression to public consultation as soon as
possible. If all steps proceed as expected, public consultation of the (Ipswich
Plan 2024 (Draft)) is anticipated to commence in April 2023.
A new Local Government
Infrastructure Plan will form part of the (Ipswich Plan 2024 (Draft)). It is
currently under preparation and will follow a different process to obtain state
government approval for consultation. It is anticipated that this will be submitted
to Council for endorsement in the coming weeks.
Recommendation
A. That
Council endorse the revised Ipswich Plan
2024 (Draft) and draft Planning Scheme Policies as contained in
Attachments 4 to 12 for the purpose of the continuation of the first state
interest review.
B. That
following receipt of the Chief Executive’s (DSDILGP) endorsement of the Ipswich
Plan 2024 (Draft), the Chief Executive Officer (ICC) undertake steps
to comply with any conditions of the Chief Executive’s endorsement and
undertake the necessary steps to commence the public consultation of the draft
planning scheme and planning scheme policies.
9. Notice of Motion - Upgrade of Memorial
Honouring the life of Deidre Kennedy
This is a joint notice of motion
submitted by Mayor Teresa Harding and Division 3 Councillors (Councillors
Marnie Doyle and Andrew Fechner) proposing an upgrade to the memorial currently
located near Bill Paterson Oval, Limestone Park which honours the life of
Deidre Kennedy.
On the night of 13 April 1973,
17-month-old Deidre Kennedy was abducted from her Ipswich home and murdered. It
was a crime that shook the nation and sent a wave of fear and despair across
Ipswich.
Almost 50 years on, this joint
Notice of Motion proposes to upgrade the existing memorial plaque which is
currently attached to a rotunda in Limestone Park.
The scale and location of the
existing memorial plaque does not adequately represent the significance of this
sad moment in Ipswich’s history. In its current position, the Kennedy
family, friends and residents are unable to leave fitting tributes and floral
arrangements to celebrate and honour Deidre’s life.
Therefore, Mayor Teresa Harding
and Division 3 Councillors Marnie Doyle and Andrew Fechner are seeking
Council’s support to upgrade the current plaque, reattach it to a
sandstone block or similar base, and relocate it to the neighbouring garden
bed.
It is hoped this would serve as
an appropriate and longstanding memorial of Deidre Kennedy’s life,
creating a suitable place for Deidre’s family to come together with the
community on the upcoming 50th anniversary on Thursday 13 April
2023.
This proposal is supported by the
Kennedy family, who would welcome Council’s ongoing support in ensuring
Deidre’s memory will never be forgotten.
Image 1: Existing memorial Image
2: Example of upgraded memorial
Mayor Teresa Harding and
Councillors Marnie Doyle and Andrew Fechner gave notice of their intention to
move the following motion at the Growth Infrastructure
and Waste Committee Meeting of 9 March 2023:
Recommendation
MOTION
That Council upgrade the current
memorial honouring Deidre Kennedy’s life, currently located at Bill
Paterson Oval, Limestone Park and resolve to:
a) Upgrade
the existing plaque to a large brass/bronze plaque or similar, with the design
and inscription of the new plaque to be confirmed by Mayor Harding and
Councillors Marnie Doyle and Andrew Fechner, on behalf of the Kennedy family.
b) Relocate
the new memorial plaque to the garden bed adjacent to the existing plaque,
mounted on a sandstone base.
c) To
have these works completed before 13 April 2023.
d) Report
back to the GIW Committee, following 13 April 2023, on the cost and timeline
for any additional embellishments the Kennedy family proposes for this site,
for Council’s consideration.
Doc ID No: A8679908
ITEM: 8
SUBJECT: New Ipswich Planning Scheme (Draft) - Stage 1:
Planning Scheme Preparation and Stage 2: Public Engagement
AUTHOR: Manager, City Design
DATE: 19 February 2023
Executive
Summary
At its meeting of 28 July 2022
Council endorsed the draft new Ipswich Planning Scheme and draft Planning
Scheme Policies (Ipswich Plan 2024 (Draft)) and the progression of the draft
scheme to first State Interest Review in accordance with the provisions of the Planning
Act 2016, the Planning Regulation 2017 and the Minister’s
Guidelines and Rules 2020.
This report is intended to
facilitate Council’s endorsement of a revised draft of the Ipswich Plan
2024 (Draft) to enable completion of the first state interest review.
The
preparation of the Ipswich Plan 2024 (Draft) has included:
· Public consultation on the Statement of Proposals
(including a draft Strategic Framework) in 2019 including a review of public
submissions and preparation of a consultation report used to guide the policy
direction and drafting of the new planning scheme;
· Numerous workshops and briefing sessions with the
Mayor & Councillors from April 2020 to February 2023;
· Preparation of detailed studies on key issues to
inform the preparation of the draft planning scheme including-
a. Flooding;
b. Bushfire;
c. Mining;
d. Biodiversity;
e. Commercial
and retail supply and hierarchy;
f. Industrial
land supply;
g. Housing
range, supply and availability;
· Submission of the
draft new planning scheme and draft planning scheme policies to the Department
of State Development, Infrastructure, Local Government and Planning for Review
in July 2022;
· In September 2022,
the Department of State Development, Infrastructure, Local Government and
Planning provided a request for further information and a pause notice and
information request (Information Notice) to Council, to permit the opportunity
for a range of issues to be discussed and addressed; and
· Continued
engagement with the Department of State Development , Infrastructure, Local
Government and Planning (DSDILGP) to address questions and issues arising from
the state interest review.
This report is intended to address
the Information Notice and associated comments from the DSDIGLP received during
the first phase of the State Interest Review through a revised Ipswich Plan
2024 (Draft). This will permit the completion of the first State
Interest Review and allow progression to public consultation as soon as
possible. If all steps proceed as expected, public consultation of the (Ipswich
Plan 2024 (Draft)) is anticipated to commence in April 2023.
A new Local Government
Infrastructure Plan will form part of the (Ipswich Plan 2024 (Draft)). It is
currently under preparation and will follow a different process to obtain state
government approval for consultation. It is anticipated that this will be
submitted to Council for endorsement in the coming weeks.
Recommendation/s
A. That
Council endorse the revised Ipswich
Plan 2024 (Draft) and draft Planning Scheme Policies as contained in
Attachments 4 to 12 for the purpose of the continuation of the first state
interest review.
B. That
following receipt of the Chief Executive’s (DSDILGP) endorsement of the Ipswich
Plan 2024 (Draft), the Chief Executive Officer (ICC) undertake steps
to comply with any conditions of the Chief Executive’s endorsement and
undertake the necessary steps to commence the public consultation of the draft
planning scheme and planning scheme policies.
RELATED PARTIES
There are no related parties
associated with this report.
ifuture TheME
Vibrant and Growing
Purpose of Report/Background
The current Ipswich Planning
Scheme (2006) was prepared under the Integrated Planning Act 1997 and
took effect in 2006. At the time of the adoption of the current Planning
Scheme, Ipswich had a population of around 130,000 people.
Ipswich’s current population is now more than 245,000 people, meaning
that the current Ipswich Planning Scheme (2006) has provided the framework to
manage the growth of the community by 115,000 people (more than 85%
growth). Since the commencement of the current Ipswich Planning Scheme
(2006) there have been many planning scheme amendments and also significant
changes in the Queensland planning system, including a new Planning Act 2016,
ShapingSEQ Regional Plan and changes in state and commonwealth
government planning policy that have necessitated the preparation of a new
planning scheme for the city.
Preparing the New Ipswich
Planning Scheme
Council (under Interim
Administration) resolved to prepare a new planning scheme in October
2018. Further background information regarding the Council resolutions
relating to the preparation of the new planning scheme are detailed below.
Council has also resolved to
prepare a new Local Government Infrastructure Plan (LGIP) to plan for and
ensure the provision of infrastructure to support growth, development and the
needs of the community. The preparation of a new LGIP follows a different
statutory process to that of preparing a new planning scheme however, it is
anticipated that the draft new LGIP will be placed on public consultation
concurrently with the Ipswich Plan 2024 (Draft).
Planning Scheme Resolution
1:
Following the resolution in
October 2018, Council advised the state government of its decision to prepare a
new planning scheme. As required by the Planning Act 2016, in
January 2019 the Chief Executive of the Department provided
Council with a Notice pursuant to Section 18 of the Act setting out the
procedural steps and timeframes as a tailored process for the making of the new
planning scheme as follows:
Stage
1: Planning Scheme Preparation
(original
estimated start date 16/11/2018 to 29/03/2019)
Stage
2: State Interest Review
(original
estimated start date 18/11/2018 to 28/02/2020)
Stage
3: Public Consultation
(original
estimated start date 04/05/2020 to 08/09/2020)
Stage
4: Minister’s Consideration
(original
estimated start date 07/09/2020 to 9/10/2020)
Stage
5: Adoption
(original
estimated start date 12/10/2020 to 18/12/2020)
Following this resolution, the
process to prepare a new planning scheme commenced with the preparation of a Statement of Proposals (including a draft Strategic
Framework) that expressed numerous policy ideas and options and was used for
early engagement with stakeholders, the community and the development industry
to guide the policy direction for the new planning scheme. Engagement was
also undertaken with state agencies.
Following the election of the
Council in 2020, it became clear that the overall timeframe was not going to be
achieved, and a subsequent request was made to the Chief Executive for a
revised program timeline as detailed below.
Planning Scheme Resolution
2:
A
revised program timeline for the preparation of the new planning scheme as
a tailored process was prepared and presented to
Council in September 2021. The revised program comprised:
Stage 1: Planning Scheme Preparation
(until June 2022)
Stage 2: State Interest Review
(July - December 2022)
Stage 3: Public Consultation
(March - May 2023)
Stage 4: Minister’s Consideration
(September - October 2023)
Stage 5: Adoption
(November/December 2023)
The revised program also included
a range of other activities that went beyond the original program, the subject
of Resolution 1. This included:
· A new Local
Government Infrastructure Plan (LGIP) to be prepared in parallel to the
preparation of a new planning scheme;
· Obtaining
additional specialist technical input to update key technical and background
information on key matters that directly inform the preparation of the new
planning scheme; and
· Proposed
incorporation of more extensive community and stakeholder engagement.
This
resolution anticipated the finalisation of the new planning scheme for adoption
in late 2023 and formal commencement in early 2024.
A Chief Executive Notice was
provided to Council endorsing this program in December 2021 (Attachment
1). A timeline flowchart is included in Attachment 2.
Summary of Stage 1 - Planning Scheme Preparation
In accordance with the Council
resolution of 28 July 2022, a draft of the planning scheme and associated
planning scheme policies were provided to the Department of State Development,
Infrastructure, Local Government and Planning. Since that time, regular
consultation has occurred with DSDILGP
about drafting and policy matters and DSDILGP has provided an Information
Notice (Attachment 3). Further to this notice, the DSDILGP have also
provided a range of comments, questions, requests and suggestions for
consideration in the preparation of a revision to the planning scheme.
The response has resulted in amendments to the Ipswich Plan 2024 (Draft). A revised version of Ipswich Plan
2024 (Draft) is attached.
For
clarity, the program is running approximately 1 month behind the projected
timeline noted above and outlined in Attachment 2. Further mitigations
may be required in respect to the timeline however these will be considered in
the future.
Key Policy Issues from the DSDILGP Information Notice
General Drafting
General feedback was provided
regarding a range of drafting advancements and policy positions aimed at
improving the draft planning scheme and also to ensure the draft complies with
the Planning Act 2016, Planning Regulation 2017 and Minister’s
Guidelines and Rules guiding the preparation of planning schemes. Overall,
core policy intent has not been changed.
Zoning
Feedback
Some specific feedback was
provided regarding zones. These are largely minor amendments but do
include some additional areas of medium density housing in response to
suggestions contained in the Information Notice.
Housing
A range of amendments to the Planning
Act 2016 and the Planning Regulation 2017 have been made in respect
to housing, specifically surrounding the definitions of Dwelling and Secondary
Dwelling and the ability to regulate these types of dwelling product in
planning schemes. These have been addressed and do shift the scheme
policy but is consistent with the relevant legislation.
In addition, further advancements
have been included in the revised draft planning scheme to address the range of
housing necessary to provide housing choice, in response to feedback and the
additional focus on housing provision in response to the housing crisis.
Flooding
There were general comments about
the policy position of the draft planning scheme regarding flooding and
questions regarding the absence of a draft flood planning scheme policy.
A draft planning scheme policy has now been provided and a range of amendments
to the policy have also been provided. Core policy intent has not been
changed.
Biodiversity
Some adjustments to the language
in the biodiversity provisions have been included, with a particular focus on
consistency of policy intent with the terms ‘Biodiversity’ and
‘Biological Diversity’.
Waste
Some adjustments have been made to
the draft Resource Recovery and Waste Activity Code to respond to feedback
regarding the policy intent and drafting.
Character Controls
Feedback was provided regarding
the policy approach to the protection of character and the interactions between
the Planning Act 2016, the draft planning scheme, and the Heritage
Act 1992. These have been corrected to ensure that the policy is
consistent with the relevant legislation and also ensures that there is clarity
in the instrument.
Further policy advancement may be
considered in the future to include a Heritage Register pursuant to the Heritage
Act 1992. However, this can either be a future amendment to the
scheme or be introduced outside of the planning scheme as an independent
instrument. This will be considered in the future as part of the overall
heritage program.
Aboriginal and Torres Strait
Islander Interests
Some comments were also made on
the incorporation of Aboriginal and Torres Strait Islander Interests into the
draft planning scheme.
Section 5(2)(d) of the Planning
Act 2016 expresses as a purpose of the Act the valuing, protecting and
promoting of Aboriginal and Torres Strait Islander knowledge, culture and
tradition. The new Ipswich Planning Scheme must demonstrate how it
advances this purpose.
The ShapingSEQ Regional Plan
was prepared with significant amounts of time and effort being contributed by
Aboriginal and Torres Strait Islander people. It recognises that the
Traditional Owners in South-East Queensland have an ongoing and unique
connection to their ancestral lands and have responsibilities to the land and
sea under their traditional customs and laws and that both Traditional Owners
and historical and contemporary residents are important stakeholders with
differing needs and aspirations.
Council has a long history of
engagement with Traditional Owners, including through its Indigenous Land Use
Agreement (ILUA), one of the first to be entered.
It is recognised that the draft planning scheme includes Aboriginal and
Torres Strait islander interests but there is more to do in this space.
Further engagement with Traditional Owners and cultural groups is encouraged
and welcomed. It is expected that further engagement on this subject will
extend beyond the life of the preparation of the new planning scheme and may
form a future focussed amendment to the draft planning scheme.
Additional Issues
A further review of the draft
planning scheme was undertaken by a range of officers whilst responding to
matters arising from the Information Notice. This has resulted in a range
of further adjustments to the draft planning scheme. These adjustments
are also captured in a track changes in the version of the revised draft of the
planning scheme - Ipswich Plan 2024 (Draft)(refer Attachment 4).
There are also some suggested zone
adjustments which have been undertaken through the drafting process.
A register of the comments from
DSDILGP has been maintained for reference to understand the scope, extent and
scale of commentary made on the Draft Planning Scheme by DSDILGP to date.
The
Steps to Finalise the New Ipswich Planning Scheme
Subject to the completion of the
first State Interest Review by the DSDILGP, public consultation will
occur. After public consultation is completed, Council will consider
submissions received and make deliberations accordingly. The Ipswich Plan
2024 (Draft) will need to be further amended as required to accommodate
Council’s responses to submissions. The further amended draft
planning scheme will then be sent to DSDILGP for a final state interest review.
Following the final state interest
review process and Council’s consideration of any matters arising,
Council will then be in a position to formally resolve to adopt the Ipswich
Plan 2024 (Final) as the new planning scheme.
Legal/Policy Basis
This report and its recommendations are consistent with the
following legislative provisions:
Planning Act 2016.
RISK MANAGEMENT IMPLICATIONS
A risk
to Council exists should the program experience further delays. At this
point in time the project has been managed to accommodate the realised
delays. Further mitigations may be required.
HUMAN RIGHTS IMPLICATIONS
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HUMAN RIGHTS IMPACTS
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OTHER DECISION
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(a) What
is the Act/Decision being made?
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Recommendations A, B, C and D relate to the endorsement of the Ipswich Plan 2024 (Draft) and draft planning
scheme policies for state interest review and for Council resolution to
undertake public notification of the draft planning scheme and planning
scheme policies.
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(b) What
human rights are affected?
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The recommendations of this report seek Council to endorse the
revised Ipswich Plan 2024 (Draft) for progression of the first state
interest review in accordance with the Planning Act 2016. A
formal statutory public consultation process is required to be undertaken
including assessment of public submissions prior to final adoption of the new
planning scheme. Prior to the final adoption of the new planning scheme
it will be necessary for a thorough assessment of human rights to be
considered and provided to Council as a component of the final report seeking
Council’s resolution to formally adopt the new planning scheme.
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(c) How
are the human rights limited?
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Not Applicable
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(d) Is
there a good reason for limiting the relevant rights? Is the limitation fair
and reasonable?
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Not Applicable
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(e) Conclusion
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The decision is consistent with human rights.
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Financial/RESOURCE IMPLICATIONS
There are finance and resource
implications associated with preparation of the Ipswich Plan 2024 and the
associated parallel new Local Government Infrastructure Project. Project
plans are in place, and budget has been considered in the 2022-2023 budget and
will be further considered in the 2023-2024 budget.
COMMUNITY and OTHER CONSULTATION
Stakeholder Engagement and
Public Notification
The previous Council reports on
this matter noted the need to undertake thorough community engagement of the
draft planning scheme. A specialist consultant has been engaged to assist
with the execution of this program and preparations are underway to deliver an
engagement program consisting of:
· statutory notices
and letters;
· advertising and
social media;
· an updated web
site;
· education material
including educational videos and guidelines;
· a Shape your
Ipswich page, seeking additional membership to assist in targeted engagement
and communications; and
· a series of events
including ability to talk to a planner to engage with stakeholders and the
community.
Several items are already live,
including:
· An updated web
site;
· Education material
on that web site including educational videos; and
· The ‘Shape
your Ipswich’ page is live.
Planning issues can be emotive,
and it is critical that the engagement with the community is as extensive and
informative as possible. Importantly, the engagement program intended to
be executed will exceed the requirements of the Planning Act 2016 and
the communications strategy approved by the Chief Executive of the Department
of State Development, Infrastructure, Local Government and Planning and be the
most extensive engagement processes undertaken by Council for a planning
instrument. Preparation for this engagement will be the focus of the team
following this resolution.
ePlanning
The
current Ipswich Planning Scheme (2006) is published on the Ipswich City Council
web site as a series of PDF’s with a separate product displaying planning
scheme mapping.
In
past planning scheme consultation, there has been a heavy reliance on static
PDFs and in some cases, the community getting access to hard copy versions of
the planning scheme in libraries and other council facilities. This has
meant that the ability to interpret and engage on the planning scheme has been
severely limited.
There
has been a significant evolution in technology allowing the move away from the
use of a hard copy, printed scheme. An ePlanning platform will enable
significant improvements in functionality and the publishing of an interactive
electronic planning scheme and associated mapping. It is anticipated that
this will change the way in which the community can get assess to planning
information.
In
addition, the draft planning scheme has been prepared in a format that will
provide better property-based information and enquiries, and the Developmenti
system has been launched to provide better development information to the
community and make using the planning scheme much more user friendly and
accessible.
Conclusion
It is recommended that Council
resolve to endorse the revised draft Ipswich Planning Scheme (Ipswich Plan 2024 (Draft)) and
associated maps and draft planning scheme policies for the purposes of
progression of the first state interest review in accordance with the Planning
Act 2016.
A new Local Government Infrastructure Plan (LGIP) is being
prepared in parallel to the new planning scheme. In the near future a
report to Council will seek endorsement of the draft LGIP for purposes of
review by the Minister and public notification.
Attachments and Confidential Background Papers
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1.
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Chief Executive Notice (amended) proposed Ipswich City
Council Planning Scheme ⇩ 
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2.
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Project Timeline ⇩
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3.
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Pause Notice and Information Request ⇩
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CONFIDENTIAL
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4.
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Draft Ipswich Planning Scheme (under separate cover)
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5.
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Strategic Framework Maps (under separate cover)
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6.
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Zone and Precinct Maps (under separate cover)
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7.
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Overlay Maps 1-4 (under separate cover)
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8.
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Overlay Maps 5-7 (under separate cover)
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9.
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Overlay Maps 8-11 (under separate cover)
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10.
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Overlay Maps 12-16 (under separate cover)
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11.
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Springfield Structure Plan Maps (under separate cover)
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12.
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Planning Scheme Policy Figures (under separate cover)
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Brett Davey
Manager, City
Design
I concur with the recommendations contained in this
report.
Peter Tabulo
General Manager
Planning and Regulatory Services
“Together,
we proudly enhance the quality of life for our community”
