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Potential Loss of Land Use Rights

Once a new Planning Scheme has commenced you have a small window of opportunity to be able to use the land use rights of the superseded Planning Scheme. Under the Sustainable Planning Act you have one year in which you are able to make a Superseded Planning Scheme Development Application.

A different assessment process is involved and potential land compensation claims can arise depending on Council’s consideration of the development application.

A selection of recent projects that involved making a Superseded Planning Scheme Development Application include:

  • House in a Conservation Zone formerly in Rural Zone – Logan
  • Service Industry in a Non-Urban Zone formerly Service Industry Zone – Logan
  • School, church, childcare in a Investigation Zone formerly a Rural Zone – Logan

Change to Approvals

Often a site has a pre-existing approval but does not stack up. The Planning Place can assist you with the re-design and communication with Council to change the approval. Under the Sustainable Planning Act a wider range of change of development approval can be made provided it is not a major change and therefore requires a new application.

A selection of projects that have involved a change to existing approval include:

  • Unit extension – 2/509 Hamilton Road, Chermside and 29 Riviera Road, Miami
  • Demolition of existing house (approved as part of multi-units) – 14 Brook Street, South Brisbane
  • Change to unit designs – 18-20 Manning Street, Jimboomba (9 Units), 33-35 Rae Street, Mackay (25 Units) and Sullen Street, Emerald (40 Units)
  • Change to approved height of raised house – 36 Harris Street, Hawthorne

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Ian Adams
Principal Planner

Bachelor of Urban
and Regional Planning
Graduate Diploma of Management


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