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2020-07-16 SM Agenda - Item 1 - Attachment 1 - Changes made to the draft scheme since 11 December 2019
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Special Meeting Agenda 16 July 2020 - Item 1 - Attachment 1
ATTACHMENT 1 - EDITS MADE SINCE DECEMBER 2019 – AS A RESULT OF 2ND STATE INTEREST REVIEW
In response to the 2nd State Interest review, the following changes were made to the draft scheme adopted by Council in December 2019. These include corrections and
improvements for usability as well as changes specifically requested by DSDMIP. An outline of all edits undertaken and explanation for each is included in the table below.
Source of Section Change Explanation
Change
QA Review Part 1.2.1 listing of Zones and (v) Gateway West Makers Precinct added to the list of precincts under Low Impact The new precinct was
Precincts within the scheme Industry Zone in both parts. added into the
and scheme before
Part 6.2 listing of Zone Codes second consultation
period but was not
added into the listing
of precincts. This is
just an editorial
correction.
Ministerial Part 1.6 Building work regulated Table 1.6.1 Building assessment provisions are amended to include the Medium density For consistency with
Condition under the planning scheme residential zone code, High density residential zone code and Tourist accommodation the Planning Act
zone code as alternative provisions to the Queensland Development Code. 2016 (Section
43(5)(b)) and the
Planning Regulation
2017 (Schedule 6))
Ministerial Part 2.1 State Planning Policy Changes are made to qualify State Planning Policy (July 2017) Natural hazards, risk and This reflects that
Condition resilience - coastal hazards is appropriately integrated in part only State Planning Policy
and Natural Hazards, risk
The following new editor’s note is also added to both part 2.1.1 and part 8.2.4.1: and resilience is only
Part 8.2.4.1 Coastal Hazard and part integrated until
Scenic Amenity Overlay Code Editor’s Note – Development in the erosion prone area, as shown on the SPP interactive completion of the
mapping system, will be subject to assessment against the assessment benchmarks – Coastal Hazards
natural hazards, risk and resilience within the SPP. Adaptation Plan and
subsequent
amendment. The SPP
still applies to
development.
Proponents will still
need to check SPP
maps.
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Full text of the other 25 sections
Section 2
Source of Section Change Explanation
Change
DSDMIP Strategic Outcomes Wording of (i) has been changed to read: As suggested by
request Section 3.3.1 Settlement DSDMIP readability
Development in the coastal communities where located within the Coastal Protection needed improving.
and Scenic Amenity overlay area is designed and sited to not compromise coastal
environmental features or key landscape elements.
DSDMIP Table 5.5.3 Numbering error has been corrected in the Table of assessment reflecting a numbering A new PO2 was
request High Density Residential change in the nominated code. added into table
Home-based business 6.3.3.3 High Density
Residential Zone
Code which resulted
in a numbering
change from A02 to
A03.
DSDMIP Tables of Assessment Tables of assessment for the Medium and High Density Residential Zones have been Needed to qualify
request and 5.5.2 Medium Density Residential amended to qualify that in order to be accepted subject to requirements, short-term this is for existing
consequential zone accommodation must be within an existing building. dwellings which have
QA review 5.5.3 High Density Residential zone already been
5.5.4 Tourist Accommodation zone The reference to compliance with the use code was deleted. constructed in
accordance with the
In relation to short-term Table for Tourist Accommodation zone has been similarly modified but it is accepted planning and building
accommodation development so no codes called up anyway. requirements of the
applicable time.
This leaves no reason
to call up a use code
for a use that is not
short-term
accommodation.
Ministerial Part 5 Tables of Assessment for Each table is amended to make a dwelling house accepted development subject to For consistency with
Condition MCU, specifically: requirements with nominated acceptable outcomes listed from the respective zone the Planning Act
codes and the Low Density Housing Code. Relevant AOs are nominated as 2016 (Section
Table 5.5.2 Medium Density
requirements. 43(5)(b)) and the
Residential Zone
Planning Regulation
2017 (Schedule 6))
Section 3
Source of Section Change Explanation
Change
Table 5.5.3 High Density
Residential Zone
Table 5.5.4 Tourist
Accommodation Zone
QA Review Table 5.5.5 Change from “numbers 6 through to 40 Bottlebrush Avenue or 3 Berrima Row; or Delete “through to”
Major Centre To: as inconsistent with
Starting from Business Activities “numbers 6-40” Bottlebrush Avenue or 3 Berrima Row; or the way scheme is
written for
consecutive
numbering of
properties.
DSDMIP Table 5.5.6 District Centre Zone It had been proposed to make both food and drink outlets and service industry subject DSDMIP concerned
request to impact assessment in Pearl St and Kauri St where it forms a transition between the proposed change
business and residential uses (potentially affecting 9 properties). However this change was significant
is reverted to match the version advertised in September (those uses will be code regarding the Pearl St
assessable). and Kauri St blocks in
Cooroy. Any change
should occur as part
of a future
amendment.
QA Review Table 5.5.9 Deleted AO43 as was showing twice Duplication of A043
Low Impact Industry
Garden Centre
DSDMIP Table 5.5.9 Deleted any reference to western side of Gateway Drive Noosaville As a new Gateway
request Low Impact Industry. West Makers
Precinct was created
and is addressed in
its own Table of
assessment any
reference to it in this
table should have
been deleted.
Section 4
Source of Section Change Explanation
Change
QA Review Table 5.5.9.3 Factory St Business Where AO38.3 was referenced it has been changed to AO38.2 as AO38.3 does not exist AO38.1 was deleted
Precinct (throughout) anymore. in table 6.5.1.3 –
Environment and
Heritage and
numbering table did
not reflect the
changes.
DSDMIP Table 5.5.9.5 Gateway West The qualifier “and is not separately titled” has been deleted from anywhere it appears A Table of
request makers Precinct in the Table of Assessment for MCU. Assessment for MCU
and Table 5.5.10.1 Venture Drive cannot attempt to
Precinct regulate lot
reconfiguration
DSDMIP Table 5.5.9 Low Impact Industry Edits against Hardware and trade supplies to remove reference to Gateway Drive. Change necessitated
request Zone by the inclusion of
the new precinct was
only partly done in
the Table of
Development so now
completed correctly.
QA Review Table 5.5.13 Rural Zone Where Home-based business is Accepted development subject to requirements AO5 of This is correction of
the Home-based business Code is deleted (AO5.1, AO5.2 and AO5.6 remain). an error. The
“parent” number is
only used where all
of the sub-numbers
apply. In this case
only three of the six
sub-numbers apply
so the parent
number should not
have been listed.
QA Review Table 5.5.14 Rural Residential Zone Removal of one reference to AO6 where it had been duplicated in the same list Typo
Section 5
Source of Section Change Explanation
Change
DSDMIP Table 5.5.16 Recreation and Open The table of assessment is amended in relation to a particular site to include This was to reflect
request Space Educational establishment, if an outdoor education establishment and associated with the current scheme
outdoor sport and recreation on the same site as an impact consistent use. which was the
intention.
DSDMIP Table 5.9.3 Bushfire Hazard The relevant criteria
request Overlay for bushfire hazard,
Table 5.9.6 Flood Hazard Overlay flood hazard and
Table 5.9.8 Landslide Hazard landside hazard in
Overlay these codes supports
the state interests for
natural hazards, risk
and resilience within
the SPP by ensuring
that development
avoids or mitigates
the risk to people and
property. For
bushfire, the
outcomes require
adequate water
supply. For flooding,
the outcomes require
minimum floor
heights to be met.
For landslide,
development is to
avoid landslide
hazard areas or
slopes greater than
15%.
Section 6
Source of Section Change Explanation
Change
DSDMIP Tables of Development: For AO22.2 and AO22.3 for landslide in the Low Density Housing Code, the outcomes Uses including
request and 5.5.1 Low Density Residential Zone have now been changed to state that they are two alternative outcomes with the Community
consequential 5.5.2 Medium Density Residential inclusion of an “OR” linking these two outcomes. Residence, Dwelling
QA review 5.5.13 Rural Zone House and Rooming
5.5.14 Rural Residential Zone accommodation (that
are accepted
and development in
certain zone tables of
9.3.1 Low Density Housing code assessment have
PO22 relevant benchmarks
stated for flood,
landslide and
bushfire risk that are
incorporated into the
Low Density Housing
Code.
Section 7
Source of Section Change Explanation
Change
Source of Section Change Explanation
Change
Acceptable Outcomes
AO22.1
Development, including associated access, is not located on land identified as a
landslide hazard area on a Landslide Hazard Overlay Map.
AO22.2
Development, including associated access, is located outside moderate, high and very
high landslide hazard areas and areas with 15% slope or greater, as determined by a
site-specific slope-analysis;
Editor's Note—A site- specific geotechnical assessment may be used to demonstrate
that although the proposed development is shown on the Landslide Hazard Overlay as
being in the moderate, high or very high landslide hazard area, the landslide risk is low
or very low.
OR
AO22.3
A site-specific geotechnical assessment is prepared by a registered professional
engineer to certify that:
(a) _ the stability of the site, including associated buildings and infrastructure, will be
maintained and operational for the life of the development;
(b) the site is not subject to the risk of landslide activity originating from other land,
including land above the site; and
(c) development of the site will not increase the risk of landslide activity on other
land;
Editor's Note— PSP8 Natural Hazards provides further guidance on assessing
landslide hazard.
AO022.4
Any specific measures identified in a site specific geotechnical assessment for
stabilising the site or development are to be fully implemented.Section 8
Source of Section Change Explanation
Change
Consequential changes made to the list of Low Density Housing code AOs for landslide
risks for Community Residence, Dwelling House and Rooming Accommodation where
they were accepted development subject to requirements.
DSDMIP All codes (Parts 6, 7, 8 and 9) Deletion of Editor’s note from the acceptable outcome column inclusion of it in the DSDMIP instructed
request and Performance column wherever there is no acceptable outcome provided. that an ‘Editor’s
consequential Note’ cannot be
QA review placed in the
acceptable outcome
column for a
Performance
Outcome that offers
no Acceptable
Outcome. Rather,
the Editor’s Note
should actually be in
the Performance
Outcome Column.
DSDMIP 6.3.1 Low Density residential Zone AO20.1 is reworded to read as follows DSDMIP suggested
request improved readability.
DSDMIP 6.3.2 Medium Density Zone Code AO5.2 is now the only AO called up for acceptable development for short term It is intended to
request accommodation in the Medium Density Residential Zone. It reads as follows: ensure residential
amenity is protected,
despite the fact the
use is allowed
Section 9
Source of Section Change Explanation
Change
through existing use
rights.
Accepted
development only
applies to existing
buildings so any AOs
As discussed above the Table of Assessment was also edited to read as follows:
relating to building
layout or design were
redundant.
DSDMIP 6.3.2 Medium Density Residential The proposed PO13 is deleted from the MDR Zone Code and renumbering occurs Upon review of the
request Zone Code through the balance of the code. Tables of Assessment
staff believe the
Waterways Works
Code will
satisfactorily cover
the detention role of
the Noosa Waters
setback to revetment
wall.
Ministerial 6.3.2 Medium Density Residential New Acceptable Outcomes are added specifically for assessment of a dwelling house. For consistency with
Condition Zone Code the Planning Act
2016 (Section
43(5)(b)) and the
Planning Regulation
2017 (Schedule 6))
DSDMIP 6.3.3 High Density Residential AO3.5 has been edited to read as follows: This is now the only
request and Zone Code AO called up for
consequential acceptable
QA Review development for
Section 10
Source of Section Change Explanation
Change
short term
accommodation in
the High Density
Residential Zone. It is
intended to ensure
residential amenity is
As discussed above the Table of Assessment was also edited to read as follows: protected.
Accepted
development only
applies to existing
buildings so any AOs
relating to building
layout or design were
redundant.
Ministerial 6.3.3 High Density Residential New Acceptable Outcomes are added specifically for assessment of a dwelling house. For consistency with
Condition Zone Code the Planning Act
2016 (Section
43(5)(b)) and the
Planning Regulation
2017 (Schedule 6))
Ministerial Part 6.3.3 High Density Residential Within the High density residential zone code PO21 (which related to the old Noosa Minister required
Condition Zone Code Heads bowls club site) is amended to read as follows: amendments to
wording to ensure
and not contrary to the
SPP Guiding
Part 6.4.1 of the Major Centre principles
Zone Code
Section 11
Source of Section Change Explanation
Change
Within the Major Centre zone code PO80 (which related to the old Noosa Business
Centre) is amended to read as follows:
DSDMIP 6.3.4 Tourist Accommodation zone The changes proposed to AO24.1 have been deleted and instead become part of PO 24 The proposed change
request AO24.1 to state to AO24.1 was a
“Development: performance
(a) Does not impact on landscape amenity; outcome rather than
an acceptable
The PO has been renumbered to accommodate this. outcome.
Ministerial 6.3.4 Tourist Accommodation Zone New Acceptable Outcomes are added specifically for assessment of a dwelling house. For consistency with
Condition Code the Planning Act
2016 (Section
43(5)(b)) and the
Planning Regulation
2017 (Schedule 6))
DSDMIP Part 6.3.4 Tourist Accommodation Wording of AO24.1 is reverted to “Cut or fill is less than 1.5 metres in depth relative to The Performance
request Zone PO24 and AO24 the ground level” without any qualification of why. outcome covers the
reasoning.
DSDMIP 6.4.1 Major Centre Zone Code Reworded PO75 (e) sits within a landscaped setting. Correction of a
request PO75 spelling typo
DSDMIP 6.4.2 District Centre Zone Edited AO9.2 to remove wording which suggested any specific use is consistent or not Corresponding to the
request AO9.2 and addressed the amenity/function consideration change in the table of
assessment this is
edited to remove any
implication that
Section 12
Source of Section Change Explanation
Change
particular land uses
are allowed or not as
that is the role of the
table of assessment.
DSDMIP Part 6.4.2 All edited to remove any suggestion residential uses are a necessary component. DSDMIP raised
request AO39.1 of the District Centre Zone readability issues that
would suggest
and development had to
incorporate
Part 6.4.3 residential uses, but
AO30.1 of the Local Centre Zone instead it was just
the provisions for
and where it did
incorporate them.
Part 6.4.4
AO29.1 of the Neighbourhood
Centre Zone
DSDMIP 6.5.1 Low Impact Industry Zone The overall outcomes of the 2 industrial zones have been edited in relation to To remove any
request caretaker's accommodation comments about
Section 13
Source of Section Change Explanation
Change
and who the caretaker
could have living with
6.5.12 Medium Impact Industry them.
Zone
DSDMIP 6.5.1 Low Impact Industry Zone Reworking of AOs and POs for usability AOs were not able to
request Gateway West provisions be measured and
therefore needed
redrafting as POs
DSDMIP 6.5.2 Medium Impact Industry AO36 has been made a new PO and remaining POs in this section renumbered. AO was not able to
request Zone be measured and
therefore needed
redrafting as POs
Section 14
Source of Section Change Explanation
Change
DSDMIP 6.8.2 Innovation Zone AO26.1, AO26.3 and AO26.4 have all be deleted These provisions are
request not relevant to the
subject land and
were drafting errors.
Section 15
Source of Section Change Explanation
Change
DSDMIP 6.8.4 Rural Residential Zone AO11.1 edited Breaking down the
request sentence makes it
easier to read.
DSDMIP Table 7.2.1.3 In relation to character provisions in all the local plan codes, wording of the AO that This is response to
request Table 7.2.2.3 relates to key development site has been refined. Example: DSDMIP comments
Table 7.2.3.3 on readability.
Table 7.2.4.3
Section 16
Source of Section Change Explanation
Change
Table 7.2.5.3
Table 7.2.6.3
DSDMIP Table 7.2.2.3 within Cooroy local Editorial amendment to PO17 and deletion of Editor’s note Changed references
request plan code to “2m” to “2
metres” for
consistency with
drafting convention.
Editor’s note was
superfluous.
DSDMIP 8.2.6 Flood Hazard Overlay Code AO3 has been deleted and replaced with following: For clarity, to address
request DSDMIP’s concerns
about readability
DSDMIP 8.2.6 Flood Hazard Overlay Code Further wording has been added to AO10 To ensure that a
request proper assessment is
made of the impacts
of filling on the flood
plain
DSDMIP Part 9.3.1 Low Density Housing Revision to PO1 to now read: PO is revised due to
request Code DSDMIP being
concerned about
emotive language
The AO has been
deleted in entirety
because it just
Section 17
Source of Section Change Explanation
Change
repeats material that
is already addressed
in the Table of
Assessment for the
relevant zones and
should not need
duplication in a use
code.
Deletion of AO1.3 along with the editor’s note.
Deletion of reference to AO1.3 where it was listed in the Performance criteria for Short-
term accommodation in the Table of Assessment for the Low Density Residential Zone.
DSDMIP 9.3.1 Low Density Housing Code The editor’s note re Plumbing and Drainage Act has been removed from AO5.4 Not essential to the
request scheme
DSDMIP 9.3.1 Low Density Housing Code The sub-heading above PO16 has been changed from ‘Flood Hazard Area’ to “Flood Not all flood prone
request Hazards” areas in Noosa Shire
are mapped on the
flood hazard overlay.
DSDMIP 9.3.2 Caretaker’s Accommodation, PO2 is substantially reworked to provide a performance Outcome and associated The quantifiable
request Dwelling unit and Rural Workers Acceptable Outcomes. outcomes are still
Code. AOs and the policy
position in the form
of qualitative
statements are now
POs. This still
provides some
flexibility.
Section 18
Source of Section Change Explanation
Change
DSDMIP 9.3.3 Dual Occupancy and Multiple AO3 of the Dual Occupancy and Multiple Dwelling Code is deleted along with the The Table of
request Housing Code editor’s note. Assessment for the
High Density
This results in subsequent renumbering through the rest of this code. Residential Zone
specifies Short-term
accommodation is
generally supported
unless it is located on
a site adjoining or
over the road from
land within the Major
Centre Zone.
This exception does
not need duplication
in a use code.
Section 19
Source of Section Change Explanation
Change
DSDMIP 9.3.5 Visitor Accommodation Code All AOs have been deleted as they do not assist with interpretation of or meeting the These AOs are not
request PO25 and AO25 POs in the circumstances where this code is relied upon, or duplicate what is covered in called up for
the zone codes. accepted
development
anywhere in the
Tables of
Assessment.
This code is called up
for code assessment
in the Rural Zone. In
such circumstance
scale and density is
already addressed in
the zone code.
Otherwise the only
time these particular
provisions would be
relied upon is
through impact
assessment for using
a single dwelling as
short-term
accommodation
regardless of zone.
DSDMIP 9.3.6 Home-based Business Code Edited both AO4.2 and the editor’s note so no conflict Issue of language to
request clarify limited
cooking facilities are
available for guests,
not kitchens.
DSDMIP 9.3.7 Business Activities Code AO11.1 and 11.2 are amended for clarity Readability issue
request
Section 20
Source of Section Change Explanation
Change
DSDMIP Section 9.3.9 Entertainment and AO12.1 edited to remove confusion
request Activities code
DSDMIP Table 9.4.1.4 Driveways and Car parking requirements for short term accommodation within a dwelling has been DSDMIP suggested
request parking Code reduced. amendment to
ensure provision
were reasonable.
Section 21
Source of Section Change Explanation
Change
DSDMIP 9.4.9 Waterways Works Code Overall outcomes revert back to what they were in the advertised version Once the Noosa River
request Plan is finalized this
may be revisited in
future scheme
amendments.
QA Review Table 9.4.10 Waste Management Corrected the order of the POs. No text change. There was a
Code sequencing glitch in
ePlan where PO1 and
PO2 were sitting
beneath all the
subsequent POs
rather than at the
beginning.
Section 22
Source of Section Change Explanation
Change
DSDMIP Table SC1.2.2 Administrative New editor’s note is added to bottom of Exempt clearing definition To explain that the
request Definitions planning scheme
can’t make
assessable clearing
that is necessary
firebreaks or fire
management lines, as
per section 20A of
Schedule 6 of the
Planning Regulation
2017
QA Review Various Zoning Maps Slight adjustment to zones, most typically removal of zones from new road reserves or Applying the latest
application of an open space zone to a new reserve. version of cadaster to
the planning scheme
resulted in a few
mismatches with the
zone maps as a result
of recent subdivisions
or boundary
realignments (such as
new roads needing to
be cut out of the
zone maps).
DSDMIP Zoning Map ZM-4 Further changes have been made to apply a split zoning to protect important The State agencies
request Zoning of Lot 0 on SP230081 at biodiversity areas. The Environment Management and Conservation Zone has been objected to the areas
278, Lake Cooroibah Road, Lake reapplied to the Areas of Biodiversity Significance (biodiversity overlay). This includes of MSES being
Cooroibah. areas of MSES and MLES. The balance area is included in the Rural Settlement Zone. included in the Rural
There will be no loss of development potential as a result of the change. The lot has Residential zone
always been intended for open space (common property) since it was first created as
part of the subdivision.
Final zoning:
Section 23
Source of Section Change Explanation
Change
DSDMIP Zoning Map ZM-14 for Coastal The zone of the following properties at Sunshine Beach will revert to Medium Density The proposed change
request Communities Residential as publicly advertised (rather than High Density Residential as proposed to high density
after considering a submission). residential was
considered to be a
36 Park Cres, significant change
38 Park Cres and would warrant
40 Park Cres re-advertising. If to
The Colonnades, 23 Crank St occur should occur as
21 Crank St part of a future
19 Crank St amendment.
Ocean Terraces, 15 Crank St
No2 Webb Rd,
6 Webb Rd; and
Craiglea Lodge, 1 Crank
Section 24
Source of Section Change Explanation
Change
DISMIP Schedule 2 – Biodiversity, The Biodiversity Overlay be removed from 90 Beach Road, Noosa North Shore (Lot 500 The proposed
Request Waterways and Wetland Overlay SP215779) as per the consultation version shown below. Council can address this issue change to the Area
as part of a future Amendment to the planning scheme. of Biodiversity
Significance was
considered to be a
significant change
and would have
warranted
advertising.
Section 25
Source of Section Change Explanation
Change
Ministerial Schedule 2 -Biodiversity, The Biodiversity Overlay maps are amended to include areas of MSES mapping. There State agencies were
Condition Waterways and Wetland Overlay are potentially hundreds of property owners affected by this change but many only concerned that the
Maps, series (i) specifically on marginally. Biodiversity Overlay
Biodiversity maps did not in all
instances include
areas of MSES as
identified on the
State Planning Policy
Interactive Mapping
System.
Ministerial Schedule 2 - Bushfire Hazard The Bushfire Hazard overlay maps are amended to reflect the bushfire prone area State agencies were
Condition Overlay Maps identified on the State Planning Policy Interactive Mapping System. concerned that the
Bushfire Hazard
Overlay maps had
deviated from that
identified on the
Section 26
Source of Section Change Explanation
Change
State Planning Policy
Interactive Mapping
System, as a result of
Noosa Council
completing a locally
specific Bushfire Risk
Assessment.
Ministerial Schedule 2 The following note is also added to each of these maps: Proponents will still
Condition Coastal Protection and Scenic need to check the
Amenity Maps Editor’s Note – Development in the erosion prone area, as shown on the SPP interactive State’s SPP mapping.
mapping system, will be subject to assessment against the assessment benchmarks –
natural hazards, risk and resilience within the SPP.
QA review Schedule 6.8 Planning scheme Key Connections reference is now Key Pedestrian/Cycle connections throughout Amended to ensure
Policies Example clarity
PSP7