08/0169 - MCU - Dwelling House To Be Assessed Against the Superseded Planning Scheme [As Published] · 132008.169

Proposal Report Proposed Dwelling House, Pool, Tennis Court and Studio In a Non Urbon Zone at 71! Seaview Terrace, Sunshine Beach described os

Applicant

Lot I on RP 197117
Adrion Slinger

 

6

6.1

Development Assessment

Assessment under Superseded Planning Scheme

The applicant seeks assessment of the proposal against the provisions of the Superseded Planning
Scheme as the 2006 Noosa Plan has detrimentally affected the development potential of the site due
to the restricted building area now available.

Under Section 5.4.2 of the Integrated Planning Act, an owner of an interest in land is entitled to be
paid reasonable compensation by a local government if—

(a) a change reduces the value of the interest; and
(b) a development application (superseded planning scheme) for a development permit relating
to the land has been made; and
(c) the application is assessed having regard to the planning scheme and planning scheme
policies in effect when the application was made; and
(d) the assessment manager, or, on appeal, the court—
(i) refuses the application; or
(ii) approves the application in part or subject to conditions or both in part and subject to
conditions.

A change to an interest in land means a change to the planning scheme or any planning scheme
policy affecting the land. An owner of an interest in land, means the owner at the time a change to
the planning scheme is made.

The Act details a number of limitations on where compensation may not be payable including where
the change:

5.4.4 (1)(c) is about the relationships between, the location of, or the physical characteristics
of buildings, works or lots, but the yield achievable is substantially the same as it would
have been before the change;
5.4.4 (1)(h) affects development that, had it happened under the superseded planning
scheme —
(i). would have led to significant risk to persons or property from natural processes
(including flooding, land slippage or erosion) and the risk can not have been
Significantly reduced by conditions attached to a development approval; or
(ii) would have caused serious and environmental harm as defined in the
Environmental Protection Act 1994, and the harm could not have been significantly
reduced by conditions attached to a development approval.

The Act defines Yield as:

5.4.4(2) Yield means:-
(a). for buildings and works — the gross floor area, or density of buildings or persons, or plot
ratio, achievable for premises;

Under the Schedule to the Superseded Plan, the site was included in the Non Urban and Open Space
zones. A Dwelling House was impact assessable use in the
Non Urban Zone and an impact assessable inconsistent use in
the Open Space zone. As indicated by the extract of the
zoning map (Left) from the Superseded Scheme, the line of the
Non Urban zone coincided with the Beach Protection Line.

 

In accordance with this mapping, an applicant could have
lodged an application for a dwelling and ancillary facilities
within the Non urban zone.

SPS zoning of site - non urban and open space

 

 

 

 

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