Report about directions under section 97 of the Planning Act 2016

On 25 January 2021, 1 gave a direction to the City Council to give me copies of particular development applications that are made, or where applicable properly made, to the Brisbane City Council from the date of the gazettal of the direction until Friday 21 January 2022. The direction was published in the Government Gazette and was made under section 94 of the Planning Act 2016 (Planning Act).

All applications to be provided to me under the direction are of the types listed below relating to non-industry activities in an industry zone if all or part of the premises the subject of the application is within the Australia TradeCoast Regional Economic Cluster, as identified in the South East Queensland Regional Plan, ShapingSEQ: • a development application for a material change of use; • a change representation for a material change of use; • a change application, other than for a minor change, for a development approval for a material change of use; • an extension application for a development approval for a material change of use; and • a cancellation application for a material change of use.

Under section 97 of the Planning Act, I am required to prepare a report that explains the nature of the direction and the matters I considered in arriving at my decision to make the direction and includes a copy of the direction. A copy of the report must be tabled in the Legislative Assembly within 14 sitting days after giving the direction.

The Australia TradeCoast Regional Economic Cluster is identified in Brisbane City Council's City Plan and ShapingSEQ as being significant industrial land. This area is one of South East Queensland's most significant industrial agglomerations, containing the major enterprise and industrial areas of Eagle Farm, Geebung, Hemmant, Lytton and Murarrie/Colmslie.

In addition, the Australia TradeCoast Regional Economic Cluster contains important economic enabling infrastructure including the Port of Brisbane, , Brisbane Intermodal Terminal, heavy rail network, Port of Brisbane Motorway and the .

In giving the direction under section 94 of the Planning Act, I considered the following state interests: • an interest that affects an economic or environmental interest of the State or part of the State; and

0 an interest of ensuring the Planning Act's purpose is achieved. The nature of the direction and the matters I considered in making the direction are:

• the continued need for the successful operation of appropriately established industrial development which is of importance to the state, as reflected in the State Planning Policy and ShapingSEQ • protecting from encroachment by incompatible land uses the core components that make up Regional Economic Clusters including Major enterprise and industrial areas which is of importance to the state, as reflected in ShapingSEQ • the development approval issued by the Brisbane City Council for a material change of use on 9 November 2020 for indoor sport and recreation, being a non-industry use on industry zoned land within the Australia TradeCoast Regional Economic Cluster for a period of two years • that the development approval issued on 9 November 2020, the Brisbane City Council's assessment material relating to the application, as well as appeals to the Planning and Environment Court about the development approval, identify, in my opinion, significant planning issues relating to matters of economic and environmental importance to the state and ensuring the purpose of the Planning Act is achieved • that there are state interests that support the giving of the direction • that the direction should apply to the nature and type of applications set out in the direction because: o applying to all applications referred to in section 90 of the Planning Act will provide a fulsome picture of all relevant applications made to the Brisbane City Council, including changes to current approvals o the direction is limited to applications relating to development for a material change of use in order to identify where a non-industry activity is to be commenced on industry zoned land and necessitates a use approval to do so (regardless of whether approvals for other development, for example reconfiguring a lot or building work, are also required) o the direction relates to non-industry activities on industry zoned land within the Australia TradeCoast Regional Economic Cluster, which is identified in ShapingSEQ as being of significance as one of the key industrial areas in South East Queensland o twelve months is an appropriate length of time to be provided with copies of the applications the subject of the direction • that 5 business days for the Brisbane City Council to comply with the direction after the day the application is received or where applicable the application is properly made (whichever is the later) is reasonable • that the direction is an appropriate exercise of my discretion to ensure that I am aware of further applications, and changes to existing approvals, and so that I may be informed as to the overall impact that applications of this type may have on the outcomes sought to be achieved by the relevant planning instruments for industry zoned land within the Australia TradeCoast Regional Economic Cluster • that the direction will allow me to take further advice on the applications that I receive in accordance with the direction, having regard to the state interests identified above.

Before deciding to issue this direction, I was provided with briefing material by the Department of State Development, Infrastructure, Local Government and Planning. The Brisbane City Council, as well as Powerlink and Energex (as entities that may be future referral agencies for applications in the Australia TradeCoast Regional Economic Cluster), were provided with a copy of the direction in accordance with section 94 of the Planning Act.

I attach a copy of the direction notice published in the government gazette on 25 January 2021.