City Plan Amendments - Minjerribah / North Stradbroke Island

As noted in the 29 November 2022 update below, Council is waiting for the State Government to respond to a notice issued that requested further information to support the proposed zone changes.

This update is provided to advise that no further progress has been made on this amendment. The State Government has not responded to the notice issued by Council in September 2022, therefore the amendment remains on hold.

Additionally, at its General Meeting of 14 September 2022, Council resolved to invite the then Deputy Premier and Minister for State Development, Infrastructure, Local Government and Planning, and senior departmental officers, to meet with the Mayor and Councillors to discuss background studies and investigations that may be available to address the outstanding matters as identified in the notice. Council did not receive a response to this invitation.

Given the significant time that has passed, the following provides a summary of the amendment process to date.

As required by the Ministerial Direction of 27 July 2021, Redland City Council commenced a major amendment to its planning scheme to incorporate the State Government’s Temporary Local Planning Instrument (TLPI) No. 2 of 2020 – Quandamooka Land Aspirations Area.

During public consultation of the amendment in mid-2022, over 500 submissions were made to Council. The majority of these submissions raised significant concerns with the TLPI and proposed amendment. It is noted that many of the sites impacted by this amendment have significant values and constraints that will impact on their ability to be developed in accordance with the provisions established under the TLPI. Council holds significant reservations in relation to how the aspirations of the Quandamooka People (and the purpose of the TLPI) will be achieved given the conflict between future development aspirations and the constraints and values of these sites.

Following public consultation and in recognition of the above, on 29 September 2022, Council issued the State Government with a notice to pause the amendment process and request further information to support the TLPI and proposed amendment.

State Government officers initially indicated that a response to the pause notice would be issued by 14 February 2023. However, as at September 2024, no response to the pause notice has been received by Council.

The proposed amendment remains on hold pending the State Government’s response to the pause notice.

Although the proposed amendment is on hold, the State Government’s TLPI continues to apply. The original TLPI (No. 2 of 2020) was replaced by TLPI No.1 of 2022, which was replaced by the current TLPI No.1 of 2023. The 2023 version of the TLPI remains in effect until 13 September 2025. The TLPI suspends parts of City Plan and applies alternative provisions for the specified land parcels.

New and amended TLPI

A new Temporary Local Planning Instrument for the Quandamooka Land Aspirations Area (TLPI 01/2023) was gazetted and took effect on 13 September 2023. The Temporary Local Planning Instrument (TLPI) is valid for 2-years, replacing the now-expired TLPI 01/2022 and TLPI 02/2020.

The new TLPI makes provisions for residential, economic, social and cultural land uses for 25 land parcels in the Quandamooka Land Aspirations Area on Minjerribah (North Stradbroke Island).

With important exceptions of new bushfire buffer zones and changes to some asset protection buffers, the new TLPI replicates the provisions in the previous TLPIs'.

Planning applications can be made to Redland City Council under the TLPI until it expires. Where a planning scheme is inconsistent with a TLPI, the provisions of the TLPI apply.

The purpose of a TLPI is to introduce urgent changes to local planning instruments and allow a 2-year timeframe to consider what permanent changes should be made to the planning scheme.

On 27 July 2021, the Minister for State Development, Infrastructure, Local Government and Planning issued a Ministerial Direction to Redland City Council to amend its City Plan to reflect TLPI 02/2020. An amendment to the City Plan commenced and progressed to public consultation (03/21 Major Amendment – Minjerribah (Site-specific land uses)).

Redland City Council worked with the State to undertake a six-week public consultation period on the amendment between 31 May – 11 July 2022, receiving 528 submissions.

Concerns raised by Council and the Community, led Council to issue a pause notice to the Queensland Government on 29 September 2022, requesting background studies that support the TLPI and amendment.

The City Plan amendment process is currently on hold and cannot be progressed until the State Government responds to the pause notice.

The making of TLPI 01/2022 and the new TLPI 01/2023 have been necessary as the amendment has not been finalised within the initial 2-year effective period of TLPI 02/2020. The new TLPI (01/2023) does not address the matters raised in the pause notice.

Redland City Council maintains the view that many of the sites provided for in the TLPI are constrained and not suitable for the development type proposed within the TLPI zone categories.

Council will continue its efforts to work with the State Government to ensure appropriate planning outcomes under the TLPI and Redland City Plan for the Quandamooka people, the North Stradbroke Island community and the island's unique environments.

ends

At the General Meeting of Council on 14 September 2022, Council resolved to issue a pause notice to the Department of State Development, Infrastructure, Local Government and Planning. The pause notice requires the Department to provide additional information to Council and the community to support the proposed amendment and address the issues which were raised through the public consultation period.

The pause notice included a timeframe of 90 business days. This provided 30 business days for the Department to provide information to Council, and 60 business days for Council to prepare for and undertake further public consultation.

On 14 November 2022, the Department indicated that they require additional time to appropriately consider and respond to the pause notice. It is anticipated that the Department are likely to require the entire 90 business day period stated in the pause notice. Note that the 90 business day timeframe within the pause notice ends on 14 February 2023.

A further update will be provided on this Your Say page once the Department provide a response to Council.

Redland City Council will issue a pause notice and request the State Government provide additional information to address public and Council concerns on proposed City Plan amendments on Minjerribah/North Stradbroke Island.

Division 2 Councillor Peter Mitchell said today’s decision followed public consultation on the amendment package that reflected a Temporary Local Planning Instrument (TLPI) introduced by the State Government in September 2020 to support the land aspirations of the Quandamooka People.

“The TLPI applies zone changes to 25 lots on Minjerribah and suspends the operation of City Plan over these parcels of land,” Cr Mitchell said.

“Public consultation was undertaken as part of a Ministerial Direction from the Planning Minister to incorporate the TLPI land zonings and assessment provisions into City Plan.

“We received 528 submissions and the majority raised concerns with the proposed amendment, including detailed concerns about infrastructure, fire and flooding risks and environmental risks.

“Unfortunately, Council officers have been unable to adequately address most matters as they require some more information from the State Government, and the fact that changing the amendment would result in outcomes inconsistent with the TLPI and Ministerial Direction.”

Cr Mitchell said Council also had reservations with progressing the amendment without further information.

“Council is inviting the Deputy Premier and Planning Minister as well as senior departmental officers to meet with the Mayor and Councillors to discuss background studies and investigations they may have available to help progress this important amendment.

“This includes studies on planning and infrastructure, fire management, environment and ecological studies or studies relating to natural hazards such as flooding and storm tide, landslides and erosion.

“Such information is considered critical for both Council and the community in understanding how 25 lots, predominantly zoned conservation and recreation and open space, have been selected to accommodate future residential and other urban uses.”

The pause notice timeframe will be 90 days, to give the State Government time to provide further information and Council time to prepare for and undertake a second round of public consultation after receipt of the additional information from the State Government.

Council also requested the Deputy Premier and Planning Minister consider amending the TLPI to incorporate additional provisions that limit the clearing of asset protection buffers until such time as development applications have been lodged and approved on these specific land parcels.

Joint Redland City Council and Queensland Government Media Release

A six-week public consultation period will begin this month on a series of City Plan amendments on Minjerribah/North Stradbroke Island.

Redland City Mayor Karen Williams said Council had this week agreed to undertake public consultation, with assistance from the State Government on the amendment package that reflects a Temporary Local Planning Instrument introduced in September 2020 to support the land aspirations of the Quandamooka People.

“Following this week’s decision Council is partnering with the State Government to make the proposed amendments available through our website and we are encouraging the community to have their say during the consultation period from 31 May to 11 July 2022,” Cr Williams said.

“The amendment includes the proposed rezoning of 25 land parcels with potential uses including low-density residential, tourist accommodation, community facilities, emerging community, local and neighbourhood centres, medium impact industry, waterfront and marine industry, recreation and open space.

“Council is progressing the amendment in partnership with the State Government and recognises its potential to provide important social, cultural and economic opportunities for the Quandamooka People on Quandamooka Country.

“Minjerribah is still going through an important transition following the end of sand mining and I would encourage anyone with an interest in the island to look carefully at these proposed amendments and provide their feedback.

“Following public consultation, Council will provide a report to the Minister who will make the final decision on the proposed amendments.”

Deputy Premier and Minister for Planning Steven Miles encouraged the community to have their say on the proposed amendment.

“The amendment aims to provide residential, cultural and business development opportunities on Minjerribah, while ensuring future development has regard for hazards including bushfires,” Mr Miles said.

“Reflecting the TLPI into the planning scheme on a permanent basis is important for the future of Minjerribah.

“I congratulate Redland City Council on their work on these proposed amendments.”

Division 2 Councillor for Minjerribah, Cr Peter Mitchell said Council was working cooperatively with the State Government to progress the planning scheme amendments which would give effect to development opportunities on Minjerribah identified by the State Government.

“This is about walking forward together as a community and for that to occur we need the community to be part of the conversation,” Cr Mitchell said.

“I would encourage everyone to look carefully at these proposed amendments and the supporting information and provide a submission.”