Redland City Council May 2019 Planning Updates

We have previously blogged on the new Redland Planning Scheme 2018 City Plan that commenced on 8 October 2018 and that there were some challenges in this planning scheme with respect to vegetation clearing and the Environmental Significance overlay. There are similar provisions in various SE Qld planning schemes – Gold Coast and Moreton Regional Councils.

Essentially these provisions seek to manage and control clearing of vegetation by requiring those works to be assessable under the planning schemes. These provisions appear to be allowed despite state planning law that does allow clearing for fire breaks and establishment of a house.

The Planning and Environment Court and the Court of Appeal have recently reviewed a decision by Moreton Regional Council to refuse an application for vegetation clearing to create a fire break. Those decisions work together to prevent the establishment of fire breaks on large acreage lots to protect dwellings and prove that this is now a very complex area of planning and property maintenance.

There may be some opportunity to be able to clear fire breaks and remove weeds from these acreage lots without a cumbersome planning approval, but in some cases there may be no option but to undertake a planning application. Contact us at East Coast Surveys for advice and assistance in this area.