Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies to a development control plan made under the repealed Act that includes a process--
(a) for making and approving plans (however named) with which development must comply in addition to, or instead of, the planning scheme; or
(b) that provides for appeals against a decision under the plan.
(1A) An IPA planning scheme may include a development control plan mentioned in subsection (1) either with or without amendment.
(1B) If a proposed IPA planning scheme is to include an unamended development control plan, schedule 1, sections 3 to 8, 12 to 14 and 17 do not apply for the development control plan.
(1C) If a statement in the IPA planning scheme identifies the area of a development control plan included in the scheme, the following subsections apply for the area.
(1D) The repealed Act, the transitional planning scheme and any transitional planning scheme policies continue to apply to the extent necessary to administer the development control plan.
(1E) Sections 6.1.28 to 6.1.30 apply for assessing development applications in the development control plan area.
(1F) The development control plan may include or refer to codes or other measures of the planning scheme.
(2) To the extent the development control plan provides for the matters mentioned in subsection (1)--
(a) the development control plan is, and always has been, valid; and
(b) development under the development control plan must comply with the plans in the way stated in the development control plan; and
(c) if the development control plan states that an appeal may be made, and an appeal is made, the appeal is validly made.
(3) If the development control plan is changed after the commencement of this section in a way that, if this Act had not commenced, would have given rise to a claim for compensation under the repealed Act, the compensation may be claimed as if this Act had not commenced.
(4) Subsection (2) applies even if the process mentioned in subsection (1)(a) is inconsistent with chapter 3 or schedule 1.
(5) Subsection (5A) applies to--
(a) a transitional planning scheme that includes the development control plan; or
(b) the development control plan, if it is included in an IPA planning scheme.
(5A) A transitional planning scheme or a development control plan, may be amended under--
(a) the provisions of this Act relating to the process for amending a planning scheme; or
(b) a process mentioned in subsection (1) to the extent stated in the development control plan.
(5B) A transitional planning scheme policy mentioned in subsection (1C) may be amended under--
(a) the provisions of this Act relating to the process for amending a planning scheme policy; or
(b) a process mentioned in subsection (1) to the extent stated in the development control plan.
(6) If the development control plan is amended under subsection (5A), subsections (2) and (3) continue to apply to the plan.
Editor's note--
For structure plans and master plans for development control plans, see also section 6.8.12 (Transition of validated planning documents to master planning documents).