3. FINAL-160721-BA4090-Town Planning Report

5.1.1. Sustainable Planning Act 2009
The purpose of the Sustainable Planning Act 2009 (‘SPA’) is to achieve ecological sustainability by
coordinating planning at all levels of government and by managing the development process as well as the
impact of the development.
This application is for a Material Change of Use (Retail Businesses Type 5 Service Station and Type 2 Shop
and Salon, Entertainment and Dining Business Type 1 Café/Food Outlet) and this element is identified as
assessable development under the SPA and a Development Permit is therefore required prior to the
commencement of the use.
The Planning Scheme indicates that the proposed application to develop a Service Station is subject to
Impact Assessment and is to be assessed in accordance with Section 314 of SPA.

5.1.2. State Planning Regulatory Provisions
State Planning Regulatory Provisions (‘Regulatory Provisions’) are the pre-eminent planning instruments and
have the ability to regulate and prohibit development, despite the provision of a local planning instrument. As
outlined in Table 2 below, none of the current SPRPs are of relevance to the proposed development.
TABLE 2 – STATE PLANNING REGULATORY PROVISIONS
Current Regulatory Provisions                   Applicability

Yeerongpilly TOD State Planning Regulatory      Not Applicable – The site is not located within the area of
Provision                                       the Yeerongpilly TOD.

South East Queensland Regional Plan             Not Applicable – The site is located within the Urban
2009-2031 State Planning Regulatory             Footprint.
Provisions

Guragunbah State Planning Regulatory            Not Applicable – The site is not located within the
Provision                                       Guragunbah region.

State Planning Regulatory Provision             Not Applicable – Infrastructure charges applicable to the
(Adopted Charges)                               proposal will be subject to the Adopted Charges SPRP,
                                                however as the Noosa Council adopted the Noosa Shire
                                                Council Charges Resolution (No.2) 2014 on 12 February
                                                2015 in accordance with the Adopted Charges SPRP, no
                                                further assessment of this SPRP is required.

Off-Road Motorcycling Facility on State-        Not Applicable – The site is not located in Wyaralong nor is
Owned Land at Wyaralong                         the proposed development for a motor sport activity facility.

State Planning Regulatory Provisions (Adult     Not Applicable – The proposed development does not
Stores)                                         involve an Adult Store.

South East Queensland Koala Conservation        Not Applicable – The site is not identified within an
State Planning Regulatory Provisions            Assessable Development Area in the SEQ Koala
                                                Conservation trigger maps.




URBIS
NOOSA ENERGY CENTRE                                        STATE AND REGIONAL LEGISLATIVE FRAMEWORK AND ASSESSMENT   17