Town Planning Report · MCU23/0135

                                                                                            PLAN DESIGN DELIVER




4.0          ASSESSMENT OF DEVELOPMENT APPLICATION

4.1          PLANNING ACT 2016
The Planning Act 2016 (the ‘Planning Act’) and its subordinate legislation is the statutory framework for
decision making in relation to land use and development in Queensland.
This development application is made under the auspices of the Planning Act.
The Material Change of Use for Shopping Centre (Shops and Food and Drink Outlets) is to be assessed
using the provisions for code assessment contained in Section 45(3) of the Planning Act.

4.1.1        CODE ASSESSMENT

Section 45(3) of the Planning Act states:
        A code assessment is an assessment that must be carried out only—
        (a) against the assessment benchmarks in a categorising instrument for the development; and
        (b) having regard to any matters prescribed by regulation for this paragraph.
With respect to Section 45(3)(b) of the Planning Act, the Planning Regulation 2017 (the ‘Planning
Regulation’) prescribes:
   The matters stated in Schedules 9 and 10 for the development.
   The Regional Plan for the region, which is the South East Queensland Regional Plan 2017
    (‘ShapingSEQ’), to the extent it is not identified in the planning scheme as being appropriately integrated.
   The State Planning Policy 2017 (‘SPP’), to the extent it is not identified in the planning scheme as being
    appropriately integrated.
   Any designation applying to the premises.
   Any temporary State planning policy applying to the premises.
   Any development approval for, and any lawful use of, the premises or adjacent premises.
   The common material.
The following sections of this Report assess the development application against all relevant matters.

4.2          PLANNING REGULATION 2017
The purpose of the Planning Regulation is to prescribe instruments and address matters provided for
under the Planning Act and provide the mechanics for the operation and implementation of the Planning
Act.

4.2.1        SCHEDULES 9 & 10

Schedules 9 and 10 of the Planning Regulation sets out all referral agencies and their jurisdictions. The
State Assessment and Referral Agency (SARA) is responsible for carrying out this function and uses
criteria from the State Development Assessment Provisions (SDAP) to assess and decide matters of State
interest.
The Planning Regulation has been reviewed in the context of this development application and the
following is confirmed:
   The proposal is not assessable development pursuant to Schedule 9.




Planning Report                                                                                           | 16