The local West End and South Brisbane community, along with its representatives, have once again been taken by surprise by recent developments concerning the future of the Kurilpa precinct.
On Monday, without fanfare (or press release) Deputy Premier and Minister for Planning, Steven Miles, issued a Gazette Notice approving the Kurilpa Sustainable Growth Precinct Temporary Local Planning Instrument (TLPI) No. 02 of 2023.
Background:
In May, the Lord Mayor’s announcement of Brisbane City Council’s plans for a TLPI that would allow new residential buildings to exceed existing height limits in parts of the Kurilpa Precinct was applauded by the property industry but faced strong community opposition.
The Lord Mayor argued that lifting height restrictions and incentivising developers would address the city’s housing crisis.
The Kurilpa Sustainable Growth Precinct was approved at a general Council meeting on Tuesday, 6 June. The vote was divided 18 for and 7 against, with Labor, Greens, and Independent Councillors opposing it. The TLPI was then referred to the State Minister for consideration and approval.
Opponents argued that the document did not meet the criteria for a TLPI under the Planning Act 2016, to address ‘serious cultural, economic, environmental, or social risks’1 as required.
Community meetings, petitions, protests, and a letter-writing campaign followed.
In July, the Government initiated a ten-day consultation period with stakeholders to gather feedback on the proposed TLPI. The Minister said at the time the proposed changes were significant and allowing the community to have their say was important.
New Version of the TLPI:
This week, Mr. Miles approved a new version of the plan, focusing on addressing flood risk and affordable housing. Mr. Miles highlighted the housing shortage in Brisbane, driven by population growth, construction industry shortages, and shifting demographics.
“‘[The TLPI] seeks to facilitate housing supply, affordability, and diversity, reflecting careful consideration of impacts on state interests and the results of community consultation,’ said Mr. Miles, commending the Lord Mayor and Council for their efforts to enhance housing supply and reduce urban sprawl.
“We will work together to ensure this precinct can also deliver affordable housing options for Queenslanders,” Mr Miles said.
The Lord Mayor, in a recent report, stated, ‘Brisbane is Australia’s fastest-growing capital city, and the anti-sprawl Kurilpa plan will help deliver thousands of new homes in this popular part of our city while preserving Brisbane’s low-density character suburbs.”
Asked if Council could provide calculations supporting the proposition that adoption of the TLPI will provide an additional 10,000 units and the evidence-based data showing how the TLPI will improve affordability, a Council spokesperson said:
“Our Kurilpa plan will deliver thousands of more homes in one of the most well-connected parts of Brisbane which will help tackle affordability. In exchange for higher building heights, proponents will need to meet certain affordability or diversity requirements. The 10,000 additional dwellings estimate for Kurilpa is based on Council’s analysis of potential sites within the precinct.”
What’s New?
A spokesperson for the State Department of Infrastructure, Local Government, and Planning noted that the Queensland Government had been collaborating with Brisbane City Council to refine planning changes for the Kurilpa sustainable growth precinct.
“TLPI 02/2023 reflects careful consideration of state interests and the results of community consultation, while maintaining the council’s intent to increase housing supply in the Kurilpa Sustainable Growth Precinct,” the spokesperson said.
“Affordable housing is housing that’s determined to have affordable rents for households on low to moderate incomes.”
Critics of the TLPI:
Critics, including local Councillor Trina Massey, planners, and community organisations, strongly oppose the Minister’s approval of TLPI 2/2023.
“‘There’s no mandate for affordable housing in the TLPI Kurilpa. None,” Cr. Massey wrote in a Facebook post.
Cr. Massey asserted that the approved TLPI Kurilpa plan fails to provide sufficient greenspace, outline infrastructure plans, specify provisions for community spaces, or rezone the area for new schools.
“This proves again that the LNP and Labor are in bed with the developers, handing over millions in discounts and providing them free reign to break community expectations of the height limits of their neighbourhoods,” Cr Massey said.
Seleneah More, President of the West End Community Association, expressed concerns about the approved plan, describing it as ‘trickery’ that doesn’t address the core issue of hyper-density in flood-prone areas. She argued that it benefits developers at the expense of Brisbane ratepayers and the state’s interests.
“The Affordable Hoax continues and gifting to developers remains at the expense of Brisbane ratepayers and the public purse of Queensland,” Ms More said.
“‘The Minister’s decision undermines trust in the State Government,’ Ms. More said, referring to previous commitments by the Deputy Premier to mitigate flooding risks.
Ms More said WECA is exploring avenues for a legal challenge to the decision.
Dr. Laurel Johnson, Director of Laurel Johnson Planning, said the new instrument makes only minimal changes to the original council version and criticised the lack of mandatory affordable housing contributions.
“The State Government does not require any contribution for affordable housing from development in Kurilpa Point. Unfortunately, developers can choose to provide 20 per cent affordable housing or not. It is not compulsory. I don’t know any private developers who voluntarily provide affordable housing, particularly when developing in high value areas like Kurilpa Point.”
As to flood risk mitigation, Dr Johnson said the State Government has made just one main change to cover the State interest and community concern about developing on flood prone land.
“To develop in the flood prone area, the developer now submits a flood risk assessment with evacuation, isolation and refuge arrangements.”
Urban planner and member of community group Kurilpa Futures, Mr. Phil Heywood, criticised the decision as a ‘cloak for further rewards to the development industry.’ He questioned its impact on long-term city planning.
“This negotiated agreement between the City Council and State Government ignores the far-more appropriate affordable housing policy of clustering new low and medium cost mixed housing developments around transit nodes of railway and busway stations throughout the metropolis. This is the policy that is still officially proposed by both governments – the City Council’s own City Shape policy enshrined in its 2014 City Plan and the State Government’s adopted Regional Planning Policies, both the current 2017 Shaping SEQ plan and the Draft 2023 revision which is currently being circulated for public consultation,” Mr Heywood said.
“The long-term implications of this misuse of a Temporary Local Planning Instrument to overturn and abandon at will the integrated long-term planning of both Brisbane and other cities are even more disastrous. The remaining remedy is for this decision to be overturned by the courts on the basis of its flagrant breaches of natural justice – that published and approved plans should mean something, and that legislation should not be misapplied beyond its original sphere of application.”
Political Implications:
The Minister’s decision is likely to continue to play out in the lead-up to next year’s City Council elections.
The Westender approached the office of Labor leader in Council, Jared Cassidy for comment. In response, Tracey Price, Labor’s Lord Mayoral candidate, and Bec Mac (Rebecca McIntosh), the Labor candidate for Gabba Ward, focussed their criticisms on the LNP in Council.
“Brisbane absolutely has a need for more housing. The Brisbane housing crisis has arisen because of two decades of inaction from the LNP council. A single temporary planning instrument is not a plan, and this was rushed and did not consider the local community. Our Labor team in council voted against the TLPI because there was no appropriate consultation with the community,” Ms Price said.
Ms McIntosh said the LNP Council, “has again proven that they do not stand on the side of community-based development by ignoring our calls for more consultation.”
“We cannot just cram 90 stories into the Kurilpa Peninsula where there is no infrastructure, inadequate public transport and amenities and expect this to relieve Brisbane’s housing pressure.”
Local Greens Councillor Trina Massey has pledged to continue working with residents and community groups to oppose the TLPI.
NOTES
A Temporary Local Planning Instrument (TLPI) is a statutory instrument created under the provisions of the Planning Act 2016. It may suspend or otherwise affect the operation of another planning instrument, i.e., the South Brisbane Riverside Neighbourhood Plan, for up to two years from its effective date.
The Planning Act 2016 specifies three criteria that must be met for a TLPI to be accepted by the Planning Minister.
(a) there is significant risk of serious adverse cultural, economic, environmental, or social conditions happening in the local government area; and
(b) the delay involved in using the process in sections 18 to 22 to make or amend another local planning instrument would increase the risk; and
(c) the making of the TLPI would not adversely affect State interests.
Cover image, iStock
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UPDATE
Refer to letter below from the Minister to the Clerk of the Parliament responding to Petition.
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