2014-01-28 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                  28 JANUARY 2014


(b) The delay involved in using the process stated in the guideline mentioned in section 117(1)
    to amend the planning scheme would increase the risk

    It is considered the process required to amend the planning scheme outlined in the Statutory
    Guideline for Making or amending local planning instruments would extend beyond the 23
    June 2014 expiry date.

(c) State interests would not be adversely affected by the proposed Temporary Local Planning
    Instrument; and

    The new TLPI 2014 has been prepared based on the current TLPI 02-2013 which was
    previously approved by the Minister for adoption by the Sunshine Coast Council. Therefore it
    is highly unlikely the State would consider its interests to be adversely affected by the
    proposed Noosa Council TLPI 2014.

(d) The new Temporary Local Planning Instrument appropriately reflects the standard planning
    scheme provisions.

    The standard planning scheme provisions, being the Queensland Planning Provisions, are
    applicable to new planning schemes made under the Sustainable Planning Act 2009. The
    Noosa Plan was made under the former Integrated Planning Act 1997. Nevertheless regard
    was given to the standard planning scheme provisions in the preparation of the TLPI 02-
    2013 and these have been carried over into the TLPI 2014 as no change has been made to
    the wording of the TLPI.

Section 122B(1)(b)(ii) of SPA which relates to iconic place is also applicable:

“Division 2:   Modification to process for making or amending local planning instruments having
               effect in iconic places

               The proposed TLPI would or may have effect in an iconic place and would
               suspend or otherwise affect the operation of a protected planning provision
               relating to the place.


This provision does not apply for the following reasons:

     The Noosa Plan contains specific provisions relating to height, site cover, gross floor area,
      plot ratio and advertising signs as well as Planning Scheme Policies No.3 Landscaping
      Plants & Guidelines, No.12 Public Open Space Contributions and No.18 Ecological
      Assessment Guidelines. The proposed TLPI does not suspend or otherwise affect the
      operation of these protected planning provisions and the provisions of the Noosa Plan will
      continue to apply in the same way they would apply before the proposed TLPI 2014.
     The clearing of vegetation has historically been regulated by Noosa Council and Sunshine
      Coast Council by local laws.




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