Town Planning Report - 7 Noosa Parade, Noosa Heads - Final · MCU25/0053

5.5.       CATEGORY OF DEVELOPMENT AND ASSESSMENT
5.5.1. Category of Development
The Planning Scheme determines the Category of Assessment for the application.
Where an overlay specifies the Category of Assessment for development, this category prevails over the zone Category of Assessment, in accordance with Section
5.3.2 of the Planning Scheme.
Pursuant to Section 5.3.3(2) of the Planning Scheme, Accepted Development that does not comply with one or more of the nominated accepted outcomes in the
relevant parts of the applicable codes becomes Code Assessable development unless otherwise specified.
Further, Section 9.3.1 of the Planning Scheme details where development cannot achieve compliance with all of the acceptable outcomes prescribed to achieve
Accepted Development, an application for Code Assessment is required and the application will be assessed against the relevant Performance Outcomes only.

5.5.2. Category of Assessment
The Category of Assessment table for the Medium Density Residential Zone Code (Table 5.5.2) provides that a Material Change of Use for a Dwelling House is
Accepted Development, subject to requirements. The requirements prescribed to achieve Accepted Development are set out as assessment benchmarks and
detailed in Section 5.6.1 below. The proposal has been assessed against the relevant assessment benchmarks and determined to comply with all of the prescribed
acceptable outcomes except AO22.1 of the Medium Density Residential Zone Code. Pursuant to Section 5.3.3 of the Planning Scheme, the proposal is subject to
Code Assessment but is only to be assessed against the relevant Performance Outcome, being PO22 of the Medium Density Residential Zone Code.
The site is located in the Acid Sulfate Soils Overlay and more specifically the Area 1 sub-overlay. The Category of Assessment table for the Acid Sulfate Soils
Overlay (Table 5.9.1) provides that all development where within Area 1 or Area 2 of the overlay and involving excavation of 100m3 or more of material, is subject to
Code Assessment. The proposal involves excavation of more than 100m3 of material to facilitate the basement level.
The site is also located in the Flood Hazard Overlay and more specifically the flood inundation area. The Category of Assessment table for the Flood Hazard Overlay
(Table 5.9.6) provides that a Material Change of Use for a Dwelling House if on land subject to a flood hazard overlay, is subject to Code Assessment.
The Category of Assessment table for Operational Work – Excavation or Filling (Table 5.8.3) provides that excavation or filling other than for the purpose of a dam in
the Medium Density Residential Zone where involving more than 10m3 of material is subject to Code Assessment. The proposal involves excavation of more than
10m3 of material for the basement.
Based on the Category of Assessment triggers identified above, the development applicable is subject to Code Assessment, the following development approvals
are sought:
▪   Development Permit for a Material Change of Use for a Dwelling House involving excavation exceeding 1.5m in depth relative to ground level;
▪   Development Permit for a Material Change of Use for a Dwelling House within Area 1 on the Acid Sulfate Soils Overlay Map and involving excavation of 100m 3
    or more of material;
▪   Development Permit for a Material Change of Use for a Dwelling House on land subject to a Flood Hazard Overlay;
▪   Development Permit for Operational Work for Excavation or Filling other than for the purpose of a dam where involving excavating more than 10m3 of material.
URBIS
TOWN PLANNING REPORT - 7 NOOSA PARADE, NOOSA HEADS TF                                                                                    LOCAL PLANNING FRAMEWORK   11