Yes in Faith’s Backyard

Unlocking land for affordable housing

Yes in Faith’s Backyard reforms

In December 2024, the Queensland Government introduced the Yes in Faith’s Backyard (YIFBY) legislative reforms, as a further measure to help address the state’s housing crisis. The changes aim to unlock underutilised land owned by faith based and charitable organisations for affordable housing. While this presents new opportunities, it also raises important challenges for local governments tasked with managing growth and community expectations.

What are the YIFBY changes?

The Planning Amendment Regulation (No. 2) 2024 (Qld) amends the Planning Regulation 2017 (Qld) to open the Ministerial Infrastructure Designation (MID) pathway to social and/or affordable housing on land owned, managed or controlled by a registered charity carrying out community care centre, place of worship or residential
care facility.

In particular, the reforms:

1. Expand the ‘community facilities zone’
   purposes to include residential uses if all dwellings (other than caretaker’s accommodation) are an ‘affordable housing component’ (meeting the criteria at section 43C of the Planning Regulation 2017 (Qld)) on land that is either:
   1. associated with a community care centre, place of worship or residential care facility; or
   2. owned, controlled or managed by an entity that carries out such community activity.
      
2. Expand the MID eligibility
   for social or affordable housing infrastructure to include charities registered with the Australian Charities and Not-for-profits Commission (ACNC) (where previously only registered providers were eligible), allowing additional entities to access the MID pathway; and
   
   
3. Allow existing dwellings to be repurposed as housing without a Material Change of Use (MCU), where the premises are located in a community facilities zone, only minor building works (or no building works) are involved and there are no prescribed overlays applying.

Challenges for Local Governments

While these changes aim to unlock underutilised land and accelerate housing supply, these
reforms (as for other infrastructure receiving MID designation) present challenges for local
governments in the:

1. Reduced control: The MID process limits Councils’ ability to assess proposed development against planning schemes, potentially undermining community driven planning outcomes.
   
2. Infrastructure and service pressure: Rapid development may strain local infrastructure, such as transport, utilities, and community services, without additional funding mechanisms to support upgrades.
   
3. Limited community consultation: Fast-tracked approvals could reduce opportunities for meaningful community engagement, leading to local opposition if residents feel their voices are being sidelined.
   
4. Risk to planning integrity: Allowing developments outside normal planning frameworks may result in housing projects that are poorly integrated with existing urban environments, lacking in sustainability, or inconsistent with long-term growth strategies.

View The Local Law publication here.