Disagreement between Redland City Council and the State Government over the plans for future development in Southern Thornlands has left landowners perplexed and concerned, while the public is left in the dark.
After a closed session discussion about the Southern Thornlands Potential Future Growth Area (STPFGA) on 5 August 2020, Redland City Council resolved to request the Minister for Planning to repeal his Direction Notice and to do a number of other things which are detailed below.
Recently, the Council has set up a Have Your Say website for the STPFGA. The Council says its STPFGA website is intended to “serve as a central source for the information that is currently in the public domain”.
Instead of providing a map showing the location and extent of this potential “future growth area” in Southern Thornlands, the Council says:
The STPFGA is not cadastrally defined in ShapingSEQ or the Redland City Plan. In order to provide scope for the undertaking of background investigations, Council received a confidential report and resolved to endorse the spatial extent of the STPFGA at its General Meeting on 9 October 2019.
Consequently, a map showing the spatial extent of the STPFGA is not able to be released into the public domain at this time. However, it is worth noting that there is information in ShapingSEQ that discloses the general location of the study area. For example, on page 49, a star symbol denotes the location of ‘F. Southern Thornlands’ as being located adjacent to the existing urban footprint.
Southern Thornlands planning uncertainty
Planning for future development in the Southern Thornlands area has a long and convoluted history.
The area was included within the Urban Footprint in SEQ Regional Plan of 2005. But Redland City Council did not change the zoning to reflect the area’s Urban Footprint standing even though the legislation required such a rezoning to occur.
Subsequently, the area was removed controversially from the Urban Footprint – without notice and without compensation. Local landowners remain aggrieved at a failure of due process.
In August 2017 the State Government’s new regional plan Shaping SEQ included a sub-regional directive requiring the Council to undertake land use investigation in Southern Thornlands to be completed by the end of December 2019. Council failed to comply with this direction.
More information about history of planning decisions related to Southern Thornlands is provided by Redland City Council in a factsheet.
Council ignores the State Government’s directions
A confidential report to the Council meeting on 9 October 2019 resulted in the following resolution:
In December 2019, at a meeting between Mayor Karen Williams, Cr Julie Talty, Council officers and some concerned landowners, it was revealed that the Council had not undertaken the planning work, never had any intention of doing the work and did not intend to do any such work in the future.
It is understood that since 2019, the Minister for Planning has written to Council on several occasions requiring action on this matter but the Council has to date not complied; raising questions such as:
- Is this wilful disregard of a lawful planning direction?
- What are the State Government’s options for enforcing its ministerial directions?
- Why is the Council so opposed to planning for development in Southern Thornlands?
Southern Thornlands resolution on 5 August
The Council’s current position is set out in a general meeting resolution passed on 5th August 2020 (late item 19.5). An image of this resolution is shown below, but it is worth examining the wording forensically.
The five resolution points are shown in bold, with comments by Redlands2030 in italics.
- To note the Minister’s Direction Notice as outlined in Attachment 2.
Editors Comment: The term “note” is often used by Council to avoid a commitment. In this case it can most likely be interpreted to mean that the Minister’s Direction Notice has been read but will not be acted on. This view is confirmed by Council’s request to the Minister to repeal or amend the Notice. Attachment 2 was not attached to the Minutes of the meeting.
- To confirm that a further report will be tabled at a General Meeting of Council on or prior to 16 September 2020, which considers the outcomes of the planning investigations of the Southern Thornlands Potential Future Growth Area.
Editors Comment: Setting aside the long term convoluted planning history of the area, investigation of the STPFGA should previously have been completed by 31 December 2019. Council has had two and a half years to complete this work. It is understood there has never been any budget allocation to do this work.
It is understood that (as at December 2019) Council had not undertaken any work regarding the directive. It seems there has never been an intention to do the work. This assertion is largely confirmed by the recent budget in which no funds were allocated for any investigative work for the area.
To date, available facts give no confidence that Council has applied fair and reasonable planning process to land use outcome assessment of the area or that this can be achieved before 16 September 2020, when a further confidential report is supposed to be submitted to Council.
3 To submit a written report outlining the results of the planning investigations confirming whether any amendments are proposed to be made to the City Plan as a result of the planning investigations of the Southern Thornlands Potential Future Growth Area to the Planning Minister on or prior to 25 September 2020.
Editors Comment: The language used by the Council about “whether” any amendments are proposed, matches the language in Council’s 9 October 2019 general meeting. While the Council should have undertaken investigative action under the statutory regional plan directive, the facts do not demonstrate that it has done so at any time to date. The planning context to date regarding the STPFGA simply confirms that the Council, for reasons which it has never explained to the community, will not deliver plans for development in the STPFGA.
To date, Council seems to have not even undertaken work to define the area of the STPFGA. There is a lot to do in a month.
- For the reasons outlined in this report, write to the Planning Minister explaining that Council is committed to genuine city-wide engagement and requesting the Direction Notice be repealed or amended to require city-wide public consultation in accordance with the Minister’s Guidelines and Rules rather than only engaging with residents in the Southern Thornlands PFGA as requested by the Minister.
Editors comment: here, the rubber hits the road, Council now asks the Minister to repeal or amend the Direction Notice. In the blurred world of planning there is a lot of space for interpretation but the Strategic Framework of the City Plan demonstrates how in the past, the Minister’s direction under state interest review of the draft City Plan has been qualified to “suit” Council. If this continues to be allowable what is the point of having a State statutory law which Council can amend or ignore as it wishes?
Under Minister’s guidelines, anyone can make a submission but on the understanding that proper process is being undertaken. There has been no proper process in response to the Minister’s Direction. The Direction Notice suggests separate action will be taken where local government has not followed a legitimate process or acted within state planning hierarchy obligations and responsibilities.
If the Council has made no budget allocation for investigative work on the STPFGA to date, how would a city-wide consultation be funded and when ?
5 To maintain this report and attachments as confidential until such time as a Major Amendment (Southern Thornlands PFGA) is released for public consultation or Council resolves not to proceed with a proposed amendment, subject to maintaining the confidentiality of legally privileged, private and commercial-in-confidence information.
Editors Comment: Given so little planning for the Southern Thornlands PFGA has happened to date the likely outcome indicates nothing will happen if it is left to the current Council.
The future of Southern Thornlands has been contentious for a long time. It is a matter that was before the Council before the current City Plan process was commenced back in 2013. Why wasn’t it addressed at that time? A properly conducted City Plan process should have resolved the questions surrounding the STPFGA precinct.
What next for Southern Thornlands?
Council’s disregard of statutory State Government directions about planning for Southern Thornlands is a matter of concern for affected stakeholders. But all Redlands residents should be concerned about the Council’s lack of transparency in dealing with this matter.
If the Council has justification for its non-compliance with the planning process and the State Government’s directions, then this should be explained to the community.
The agenda for the Council’s next meeting on 19 August 2020 includes Southern Thornlands as a “matter outstanding” (Item 6.9). The agenda says that a report will be brought to a future meeting of Council.
Some other matters to be discussed at the next Council meeting were previewed by Redlands2030 in:
Southern Redlands infrastructure on council agenda
Redlands2030 – 18 August 2020
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One Comment
This is the same as all other Council decisions and sleight of hand over 20 years.