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ARTICLE · 02 JUNE 2012

Queensland's Regulatory Quagmire: The Dark Side of Planning - Part 1

This part examines Qld's regulatory system of urban planning with respect to Regional plans and State planning policies.

AustraliaEnvironment

By David Nicholls, Partner

Introduction

Urban planning has been described as "a technical and political process concerned with the control of the use of land and design of the urban environment, including transportation networks, to guide and ensure the orderly development of settlements and communities. It concerns itself with research and analysis, strategic thinking, urban design, public consultation, policy recommendations, implementation and management." 1 The purpose of urban planning is to provide a well functioning urban environment which meets the communities' needs. Does Queensland's regulatory system satisfy that purpose?

Until the enactment of the Integrated Planning Act 1997 (IPA), planning legislation in Queensland did not attempt to identify the purpose of land use regulation. While the IPA used the term "planning" extensively, and the Sustainable Planning Act 2009 (SPA) continues to do so, it did not attempt to define the concept. It is

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