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Urban Land Development Authority Act 2007 - removes all rights of citizens

Last Updated on Monday, 12 March 2012 14:20

power20to20people  Urban Land Development Authority Act 2007 - removes all rights of citizens

E petitions are one way to let government know how you feel about an issue. Link at end of article.

This legislation creates a new Authority, the Urban Land Development Authority to plan, carry out and promote development in declared areas. The purpose of that Act focuses on housing creation. 

When an area is declared an urban land development area by regulation, the declaration must make an interim land use plan for the area. The Authority must make a new development scheme for the area which is like a planning scheme. There is mandatory public notification of  the new planning scheme and public submissions must be taken into account. The development schemes must be published on the ULDA website. The development scheme sets out if any individual development applications must be publicly notified. The development scheme prevails over plans, policies and codes made under SPA or another Act.

 Effectively,  the Urban Land Development Authority becomes the decision maker in lieu of council. Only the Authority may go to the Planning and Environment Court to seek enforcement orders or declarations-  whereas under SPA any person has that entitlement.

Examples of areas declared urban land development areas include Andergrove at Mackay, Caloundra South, Yarrabilba, and Greater Flagstone.

FAQ

Can I lodge a submission on the proposed scheme of development?

Yes,  the due date for submissions on proposed development schemes for each of Caloundra South, Yarrabilba, and Greater Flagstone is 20 May 2011.

See http://www.ulda.qld.gov.au/01_cms/details.asp?ID=386

Will I have the chance to lodge a submission on development applications in the ULDA?

Maybe, maybe not,  the ULDA can choose to include public notice provisions for DAS in the  development scheme or not.

But even if they do, you have no right of appeal to Court if you disagree with the ULDAs decision on a development application.

Does the Vegetation Protection Act 1999 apply to protect vegetation in an ULDA? No.

Even endangered remnant vegetation may be cleared.

DERM is often a concurrent agency if endangered vegetation is proposed to be cleared, but if the land is declared an ULDA, then DERM becomes a mere advice agency, and the ULDA makes the decision on the development scheme and on any individual development applications.

 Will any development in the ULDA be low cost housing?

Not necessarily: affordable housing is only one aim of the ULDA and it is not defined what it means.

 If there was a new government, could they overturn a declaration of an ULDA Area?

They could change anything by fresh legislation.

But often when governments come in, they make rules that apply to new projects, but do not interfere if a declaration of an area as an Urban Land Development Area has been made and plans are in train for a development scheme. Decisions by the ULDA on development applications may be called in and decided by the State Planning Minister but  this is an unlikely to occur as it will be politically controversial.

Here is the link to petition government   http://www.parliament.qld.gov.au/view/EPetitions_QLD/CurrentEPetition.aspx?PetNum=1628&lIndex=-1

to amend the legislation to ensure:local authorities, community groups and individual land owners are entitled to have input into the ULDA's decision making processes and that the ULDA is required to fairly consider such input; and the rights to natural justice, particularly the right to appeal to an appropriate court of law, are provided to any body or individual who is aggrieved by any decisions made by the ULDA

 

 

 

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