Temporary Local Planning Instrument proposed for Gold Coast
12 February 2018
Stafford Hopewell, Special Counsel, Brisbane
The City of Gold Coast is seeking to adopt a new Temporary Local Planning Instrument (TLPI) to better manage flood hazards in the City. If approved, the TLPI will have retrospective effect for 2 years from 8 December 2017.
- The TLPI will impact on all premises located within the Council’s Flood Overlay which include vast areas of land within suburbs such as Helensvale, Broadbeach Waters and Tallebudgera.
- The TLPI will have the effect of:
- requiring developers to expend more costs upfront in finding acceptable solutions to ensure compliance with the requirements of the TLPI; or
- reducing the development footprint of residential development.
- Developers and private individuals should carefully consider any future acquisitions located within the Council’s Flood Overlay, prior to acquiring the premises.
In early December 2017, the City of Gold Coast introduced the Temporary Local Planning Instrument No. 5 (Minimum Land Above Designated Flood Level and Residential Risk Reduction) 2017 (TLPI) which will affect the development of premises located within the Council’s Flood Overlay Code by ensuring:
- residential uses are only exposed to medium or less flood hazard;
- development applications involving reconfiguring a lot provide sufficient land at or above the designated flood level.
The TLPI is currently being considered by the Minister and if approved, will have a lifespan of 2 years from the commencement date of 8 December 2017 and apply to all development applications made to the Council on or after 8 December 2017.
Stafford Hopewell, Partner, Brisbane
Elton Morais, Senior Associate, Brisbane
This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.