Extending Stockpile Working Times: Plant Mix Foam Bitumen

Abstract

Even with the best laid Local Government Infrastructure Plan (or Water Netserv Plan, or Priority Infrastructure Plan, or Headworks Planning Scheme Policy, or other statutory infrastructure plan), delivering the right size and specification infrastructure at the right time is not straightforward. Things happen. In the last few years we have seen: (a) the renewable energy project boom in regional Queensland have significant impacts on State and Council roads; (b) the development of a declared Priority Development Area triggers the need for new roads, public transport, water, sewer, health and education infrastructure; (c) development being approved in an emerging community or rural zone (outside the priority infrastructure area) requiring substantial out of sequence infrastructure; (d) assumptions about development density or sequencing in an infrastructure plan not aligning with the market drivers for development density or the unlocking of developable land; (e) planning legislation changes standardising requirements for infrastructure charges, credits, offsets, and refunds, and introducing a new process for converting non-trunk infrastructure to trunk infrastructure; (f) infrastructure plan reviews not completed within the 5 year statutory time frame. Each of these matters presents significant challenges for local governments and water businesses in servicing development and managing industry and community expectations. This presentation will discuss the legal options for responding to infrastructure challenges, including: (a) conditions for necessary trunk infrastructure, an additional payment conditions and conditions for non-trunk infrastructure; (b) tips and traps for effective infrastructure agreements; (c) planning scheme provisions to foster infrastructure outcomes; and (d) conversion applications, including an analysis of the standard conversion criteria and recent case law.