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Superseded Planning Schemes

From 1 March 2016, the former Esk Shire Planning Scheme 2005 (as amended) and the former Kilcoy Shire Council Planning Scheme 2006 (as amended) become superseded by the Somerset Region Planning Scheme.

Until 1 March 2017, a person may request, by way of written notice to Council, that it apply the provisions of a superseded planning scheme to proposed development instead of the Somerset Region Planning Scheme.

A request to apply a superseded planning scheme needs to be accompanied by:

  • Sustainable Planning Act Form 2 (PDF)
  • the fee fixed by resolution of the local government; and
  • contain a description of the proposed development or be accompanied by a copy of the proposed development application or request for compliance assessment.

The current fee for making the request is detailed in Council's Schedule of Fees and Charges. Please note this fee is only for Council’s consideration of the request, should the request be approved any relevant fee for the proposed development application will also be payable. If the request is refused the proposed development will have to be lodged and assessed under the Somerset Region Planning Scheme.

For further information please refer to section 95 of the Sustainable Planning Act 2009, or the Department of Infrastructure, Local Government and Planning fact sheet - Request to apply for a superseded planning scheme (PDF).  Alternatively, contact Council on (07) 5424 4000.