MCU14/0106 & OPW15/0001 Town Planning Report & Appendix A Code Compliance

                                                                                                           Town Planning Report
                            28 Eenie Creek Road, Noosaville and parts of the road reserves of Hofmann Drive and Walter Hay Drive




5           Statutory Town Planning Framework
5.1         Introduction
This section of the Town Planning Report explains the applicable components of the statutory town planning
framework and their relevance to the proposed development.

5.2         Sustainable Planning Act 2009
The SPA is the legislation under which, amongst other matters, development applications are assessed by
local governments.

5.2.1       Impact Assessment
The planning framework relevant to assessing the development application at the time of lodgement comprises
the SPA and The Noosa Plan. The Noosa Plan is a “planning scheme” as defined by section 79 of the SPA.
The proposed development is subject to impact assessment under The Noosa Plan.
Section 314 of the SPA sets out the provisions for assessment managers to assess impact assessable
applications as follows:
                (2)   The assessment manager must assess the part of the application against each
                      of the following matters or things to the extent the matter or thing is relevant to
                      the development—
                      (a)       the State planning regulatory provisions;
                      (b)       the regional plan for a designated region, to the extent it is not identified in
                                the planning scheme as being appropriately reflected in the planning
                                scheme;
                      (c)       if the assessment manager is not a local government—the laws that are
                                administered by, and the policies that are reasonably identifiable as
                                policies applied by, the assessment manager and that are relevant to the
                                application;
                      (d)       State planning policies, to the extent the policies are not identified in—
                                (i)    any relevant regional plan as being appropriately reflected in the
                                       regional plan; or
                                (ii)   the planning scheme as being appropriately reflected in the planning
                                       scheme;
                      (e)       a temporary local planning instrument;
                      (f)       a preliminary approval to which section 242 applies;
                      (g)       a planning scheme;
                      (h)       for development not in a planning scheme area—any planning scheme or
                                temporary local planning instrument for a planning scheme area that may
                                be materially affected by the development;
                      (i) if the assessment manager is an infrastructure provider—the provider’s LGIP.
                (3)   In addition to the matters or things against which the assessment manager must
                      assess the application under subsection (2), the assessment manager must
                      assess the part of the application having regard to the following—
                      (a)       the common material;
                      (b)       any development approval for, and any lawful use of, premises the subject
                                of the application or adjacent premises;
                      (c)       any referral agency’s response for the application.



December 2014                                           Cardno HRP                                                           26