A superseded planning scheme is created every time a new planning scheme, or planning scheme amendment is gazetted.

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Shire Planning Scheme 2005 (as amended) and the former Kilcoy Shire Council Planning Scheme 2006 (as amended) become superseded by the Somerset Region Planning Scheme. The Somerset Region Planning Scheme is amended periodically.

Under the provisions of the Planning Act 2016, a person may request that a proposed development be assessed and decided under the superseded planning scheme. Requests to lodge an application under a superseded planning scheme must be made within one year of the new version of the planning scheme taking effect and may be agreed to or refused.

A request to apply a superseded planning scheme needs to be accompanied by:

• 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.

Please contact Council's planning section if you would like further information about superseded and historic planning schemes.