As an Integrated Planning Act 1997 (“IPA”) compliant planning scheme the new scheme shall supersede the prior transitional City of Gold Coast Planning Scheme 1994 (“GCCC scheme”) and Albert Shire Planning Scheme 1995 (“ASC scheme”).

Any development application for a preliminary approval or development permit for material change of use or reconfiguration lodged on or after 18 August 2003 shall be assessed and determined under the new IPA compliant scheme (Section 3.5.3 of IPA). As a matter of law any development application lodged prior to commencement of the new IPA compliant scheme (18 August 2003) shall be assessed against the applicable transitional planning scheme but the local government may give such weight as is appropriate to the new scheme under Section 3.5.6 of IPA.

Notwithstanding commencement of the new planning scheme shall supersede the two (2) transitional planning schemes in operation within the GCCC local government area an opportunity shall subsist for a period of two (2) years (up to 17 August 2005) for an applicant to lodge a development application (superseded planning scheme). On receipt of a development application (superseded planning scheme) GCCC as assessment manager must make an election whether the development application shall be assessed and determined under the superseded transitional planning scheme or the new IPA planning scheme.

As a result of commencement of IPA on 30 March 1998 the processes (IDAS) and terminology (e.g. material change of use rather than rezoning) changed. Any application which under the repealed Act formerly required public notification was assessed as impact assessable whilst applications which did not previously require advertising (e.g. subdivision) were categorised as code assessable.

Despite whether the development application is impact or code assessable a right of appeal subsists under IPA (Sections 4.1.27 and 4.1.28) (formerly Section 7.1(1) of the repealed Act) for a submitter or aggrieved applicant to appeal to the Planning & Environment Court against the whole or part of the decision of the assessment manager.

Apart from exercising appellant jurisdiction on development applications the Planning & Environment Court is empowered to grant declaratory relief and ancillary orders under IPA (Sections 4.1.21 and 4.1.22 of IPA). A wide power is granted to the Planning & Environment Court to make declarations over a matter done, to be done or that should have been done for IPA, the construction of IPA or planning instruments under IPA, the lawfulness of land use or development or an infrastructure charge.

Pursuant to cessation of the operation of the transitional provisions (Sections 6.1.29 and 6.1.30 of IPA) new assessment and decision making processes shall be implemented by GCCC as assessment manager (i.e. Section 3.5.3 to 3.5.15 of IPA).

As a result of the extensive experience of our Antony Knox acting for developers and local governments within this specialist jurisdiction during the preceding thirteen (13) years queries should be directed at first instance to him.