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Developer exemptions frustrate residents

Debate Speech by Councillor Seal Chong Wah

Full Chambers Meeting:

City Planning & Suburban Renewal Report Clause D

Petition – Requesting Council Review And Rescind The Development Application For 52 Upper Cairns Terrace, Paddington (Application Reference A006687107)

 

10TH FEBRUARY 2026

 

Man in suit towering over a group of buildings

I rise to speak on this petition requesting council review and rescind the development application for 52 Upper Cairns Terrace, Paddington. I understand the anger and frustration that these residents are experiencing. This is a microcosm within a failing planning system that mirrors the broader dysfunction, inefficiencies, and structural failures of our urban planning framework.  

Residents barely get a say about their neighbourhoods, by design.  In 2016, property developers donated $270,000 to Queensland Labor, and in that same year, Labor introduced the Planning Act which stacked the system in favour of property developers. 

The Greens have been calling for participatory democracy in planning, so that residents can shape this city’s future - not just big developers. Our policy states we need clear and binding height limits, no exemption to boundary setbacks and binding minimum requirements for deep planting. 

The Greens have called for all major development applications to be “impact assessable” so that local communities can have a say, while having objection rights. 

This LNP administration drafts neighbourhood plans behind closed doors, conducts tokenistic “community consultation”, and then approves the plans without any changes based on the community’s needs. 

This petition focuses on side and rear setback requirements. These exist in city plans to help prevent overshadowing, loss of airflow, loss of privacy, and ease of construction and maintenance. Too often, developers are allowed to build closer to the property boundary than the city plan specifies. 

If residents want smaller setbacks in their neighbourhood, then they should be able to change it in their neighbourhood plans. But developers shouldn’t get to be exempt from the rules whenever they wish - changes should be made democratically.

The planning system needs a complete overhaul that doesn't favour developers. Residents should have some power in how their neighbourhoods grow. 

Residents deserve to have a say on how we shape our city. Right now our city is going backwards in sustainability, backwards in infrastructure planning that creates a vibrant and liveable city, and these kinds of developer exemptions are a key reason why.

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