Speech of Councillor Seal Chong Wah to full BCC Council Chambers meeting, Tuesday 10th September, 2024

I would like to speak on the abuse of power, in undermining the planning system of Queensland and in Brisbane.

We are now seeing the first ‘State Facilitated Developments’ being notified under the Housing Availability and Affordability Bill 2023.  We have seen the first 12 developments being notified in Queensland, with one in Milton, in my Ward.

This development at 29-33 Manning St, Milton, has a very checkered and infamous past already. (A 19 story development was already approved by BCC in 2023). There are plenty of media stories you can find about long-term renters losing their homes. 

• The Guardian 17/4/22 Tenants evicted 
• The Guardian 7/2/24 "Nowhere else to go"
• ABC News 8/5/22 "Pensioner to be evicted"

This is a development tied up in legal arguments that was finally approved by Brisbane City Council, through a legal loophole.

However, successfully manipulating the Brisbane planning system wasn’t good enough. Now this new State Labor autocratic legislation provides even greater ways of circumventing the planning system and even greater profit margins.

The developer has jumped on that bandwagon and has of course expanded their approved 20 story, 130 units to a 305 unit development.  

Unfortunately the State Government won’t even tell us how high this building will be. By the number of units my guess is that the developer has now managed to bump their 20 storey building up to possibly 40 storeys.  

Millions of dollars of profit will be rolling in. 

The ironic thing is that this council did whatever it could to bypass the planning system with the inappropriate use of the temporary local planning instrument, with the Kurilpa TLPI. Well, the State government has now one-upped the Council and has completely sidelined the city planning system.

Under a ‘State Facilitated Development’ the State government doesn't even tell the council how high the buildings will be. This is exactly what landbanking developers have dreamed of. The Brisbane City Council a lame duck in their own planning system.  Developers paying virtually no infrastructure charges. Building anywhere they want, as high as they want and…‘deep planting’ - what even is that anymore.

Yes they technically have to provide 15% affordable housing, using a definition of affordable that many industry experts are very concerned about.  So for 15% affordable housing they get to build anywhere, and any height, they want. In Paris and London and many other cities, developers must provide inclusionary ‘affordable housing’ in every development and they still have to abide by the planning system. It’s called Mandatory Inclusionary Zoning. While many cities around the world are embracing this, it seems in Australia, only The Greens have adopted these progressive policies. In Queensland and Brisbane, for a little affordable housing, Labor & the LNP will give them anything they want, because that’s what we do for our developer mates here.

Well it’s not this LNP Council’s fault is it? 

This is clearly driven by a Labor State government and a federal Labor agenda. But we all saw the council funded adverts calling on the Queensland Government to provide more funding for buses. What did the LNP council do to fight for control of our planning system?  Well they wrote a submission.

[from Amy's speech to State Parliament in response to this new legislation]

Excerpts from Seal's submission on the State Facilitated Development at 29-33 Manning St, Milton, submitted 13/9/24 (Council submission to Qld State Government)

• DEVELOPER COULD BE A HIGH RISK PROVIDER. The original development, already approved by BCC at this site, was tied up in legal arguments that was finally approved by Brisbane City Council, through a legal loophole. 
  • This process has demonstrated the great lengths this developer will use to find a loophole to maximise the scale and height and profit margin of the development. A lot of legal expenses by the developer went in to try to get this approved via a loophole of an old DA approved in 2011, that was approved over two sites when the land was previously owned by the neighbouring owner. 
  • I know that BCC Development Services did not see that loophole as a reasonable approval pathway at the time, but the amount of legal resources thrown at it obviously led to an approval.
  • Many experts are concerned the definition of 'affordable housing' in this legislation is weak and may be applied differently depending on the developer. It is critical that any participating developer has integrity and long term commitment to affordable housing, rather than a focus on quick profits.

• NO CONSULTATION / COMPLETE ABSENCE OF CRITICAL INFORMATION. The developer has, since the BCC DA approval process, expanded their application from 19 storeys, 130 units to a 305 unit development.  The State gov have provided no detail on the height or levels of the development. This is shocking and entirely devoid of a transparent and accountable process.   
  •  It completely bypasses the City Planning system and therefore removes all community consultation that was inherently part of the planning system and neighbourhood plans. 
  • “It is imperative that the community’s trust in planning is maintained and strengthened in all that we do”. (Sean Cullen, President RPIA Planning Institute Queensland, HAAPOLA submission)
  • “…we as planners must work to maintain the public trust, which is essential for ensuring confidence in the work we do.”  (Urbis & Planning Institute Australia, Foresight report, 2024)
  • This legislative process that is already circumventing planning systems for developments is made even worse by not revealing the heights or levels of the developments. This is all critically undermining the confidence of the community in the planning system.

• HIGH DENSITY & LACK OF GREENSPACE. The local Milton Community Group and wider community in the high-density Milton area are extremely concerned at the lack of existing and planned infrastructure to support the proposed scale of development.
  • The LGIP (Local Government Infrastructure Plan) provides no planning for new parks in the Milton high-density area.
  • The international standard is for residents to live within 300-400 meters of a reasonably sized (i.e. district park). See map below with 400meter radius circles to closest parks. This is not currently being met nor is it planned for. The Milton Commons, at just over 1,000 sqm provides no play area for children, no opportunity for recreation.
    • It is generally accepted in Australia that 5000sqm is the minimum to provide for exercise, children’s play, and informal active recreation. https://www.cairns.qld.gov.au/__data/assets/pdf_file/0004/84865/Public-Open-Space-General-Policy.pdf (pg 8)
    • This United Nations states that ‘[i]deally, pedestrians should be able to reach from their houses every public space or facilities within a five-minute walking distance (equivalent of 400-meter distance), as it is considered the most practical and realistic threshold’ (p.22).
    • The ICUN Urban Alliance recommends that every citizen should live a maximum of 300 metres from the nearest greenspace (of at least 1 hectare). ICUN Urban Alliance
    • The BCC desired standards of service of 750 meters to closest park is clearly insufficient and we believe it was changed from a higher benchmark due to an inability to make that target.
  • Residents are deeply concerned about the lack of greenspace for their children and themselves. The proposed SFD is not within 300-400 meters of a park suitable for playing and recreation.
  • LACK OF DEEP PLANTING. The normal requirement of 10-15% deep planting is routinely being waived by the Brisbane City Plans requirements for deep planting. Deep planting has often been turned into some plants at higher levels including on rooftops. Deep planting must be at ground level to minimise heat sinks and provide a liveable, public space.
  • Climate change and the climate of SEQ demands that we plan for increasing heat sinks with integrity and foresight and not create unliveable high density suburbs, in our rush for more housing on a political agenda.
  • The Milton high-density area is at high risk of becoming an inhospitable concrete housing estate with no deep planting, with minimal genuine public space and no walkable access to real greenspace.
  • This State governments SFD and potentially more in this area will just make the current trend of creating an unliveable concrete housing estate (via Brisbane City Council approvals bypassing current requirements) even worse by even more significantly bypassing the Brisbane City Plan.

On a related note... 

In my submission, I refer to the lack of greenspace in Milton as one key reason this development should not be approved.

On Oct 5th 2024, I'm hosting a community forum to explore greenspace planning in this part of Milton and would love you to join me.

For more info and to RSVP, head to Greening Milton Community Forum.