Letter to CYC 05Dec2024

                                                                                                         5 December 2024




We set out below relevant extracts from the State Planning Policy which go to the subject of discussion in
the email chain between yourself and Nadine Gorton.

State Planning Policy (SPP)

The Premises are within the bushfire hazard area as defined in the SPP.

Whilst the SPP makes reference to “state interest guidance material” it is expressly not statutory and has
been disregarded1 and in other cases utilised2.

           Part E

           Planning for safety and resilience to hazards will enable positive responses to challenges and change.
           By using an evidence-based risk management approach, planning can help ensure the continued
           wellbeing of people, the protection of property, infrastructure and the environment, and encourage
           economic development. (P.47) (underlining added)

           The state’s interest in natural hazards, risk and resilience seeks to ensure natural hazards are properly
           considered in all levels of the planning system. This includes avoiding or mitigating the risks associated
           with natural hazards to an acceptable or tolerable level, increasing community resilience, and
           decreasing the burden for emergency management. (P.50) (underlining added)

           State Interest

           (2) A fit-for-purpose risk assessment is undertaken to identify and achieve an acceptable or tolerable
           level of risk for personal safety and property in natural hazard areas. (P.51) (underlining added)

           (4) Development in bushfire, flood, landslide, storm tide inundation or erosion prone natural hazard
           areas:

           (a) avoids the natural hazard area; or

           (b) where it is not possible to avoid the natural hazard area, development mitigates the risks to people
           and property to an acceptable or tolerable level.

           (5) Development in natural hazard areas:

           (a) supports, and does not hinder disaster management capacity and capabilities

           (b) directly, indirectly and cumulatively avoids an increase in the exposure or severity of the natural
           hazard and the potential for damage on the site or to other properties

           (c) avoids risks to public safety and the environment from the location of the storage of hazardous
           materials and the release of these materials as a result of a natural hazard




1
  Roubaix Properties Pty Ltd v Somerset Regional Council [2020] QPEC 34 The site is within a flood hazard area as defined
in the SPP.37 The SPP also includes “state interest guidance material”, but it is expressly stated that this is “not statutory
in its effect”, and I therefore will not have regard to it in applying the SPP.38

2
    Trask and Traspunt No. 4 Pty Ltd v Moreton Bay Regional Council (No. 2) [2021] QPEC 7, para 59


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