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Planning Report - 13 Eumundi-Noosa Road, Noosaville QLD 4566 - Dual Occupany

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                                                                                                      GPC

4        Applicable Planning Provisions
4.1      Planning Act 2016
The Planning Act 2016 (‘the Act’) provides the statutory planning framework for the State of Queensland
and outlines the statutory process for preparing, assessing and deciding development applications. The
Act provides that development which is categorised as assessable development will require a development
permit before it can be lawfully carried out.
The Planning Scheme categorises the proposed development as assessable development (code
assessment as discussed below) and therefore requiring a development permit prior to the
commencement of use. Code assessable development is required to be undertaken in accordance with
section 45 of the Act, having regard to the relevant assessment benchmarks.

4.2      State Assessment and Referral Agency
The State Assessment and Referral Agency (SARA) was introduced on 1 July 2013 to deliver a coordinated,
whole-of-government approach to the State’s assessment of development applications. The State
Development Assessment Provisions (‘SDAP’) is an outcome of the SARA and a statutory instrument made
under the Act which sets out matters of state interest for development assessment, where the chief
executive (administering the Act) is the assessment manager or a referral agency.
Referral agencies (and their jurisdictions) that are applicable to assessable development are set out in
Schedule 10 of the Planning Regulation 2017. There are no referral agencies applicable to the proposed
development.

4.3      State Planning Policy 2017
The State Planning Policy ('SPP') expresses the State’s interests in land use planning and development.
‘The SPP applies, to the extent relevant, when:…
(4) Local government is assessing a development application, if its planning scheme has not yet
      appropriately integrated the relevant SPP state interest policies

(5)     An assessment manager or referral agency other than local government is assessing a development
        application’.
The SPP Interactive Mapping System (DA) identifies the following State Interests applying to the subject
land:
•     Natural hazards risk and resilience (Flood hazard area – Level 1 – Queensland floodplain assessment
      overlay*, Flood hazard area – Local Government flood mapping area*, Erosion prone area and Medium
      storm tide inundation area).
Part 2 of the Noosa Plan 2020 identifies that the State Planning Policy 2017 is appropriately integrated,
with the exception of the erosion prone area mapping. The subject land is impacted by the erosion prone
area mapping and therefore an assessment against the Natural hazards, risk and resilience State interest
is required.




                                                                 13 Eumundi Noosa Road, Noosaville QLD 4566 | 5

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