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



According to section 326 of the SPA (‘other decision rules’):
                “(1)    The assessment manager’s decision must not conflict with a relevant instrument
                        unless—
                        (a)       the conflict is necessary to ensure the decision complies with a State
                                  planning regulatory provision; or
                        (b)       there are sufficient grounds to justify the decision, despite the conflict; or
                        (c)       the conflict arises because of a conflict between—
                                  (i)    2 or more relevant instruments of the same type, and the decision
                                         best achieves the purposes of the instruments; or
                                  (ii)   2 or more aspects of any 1 relevant instrument, and the decision
                                         best achieves the purposes of the instrument.”
At the time of lodgement of the development application, the common material comprises the application
material only. The application material includes an assessment of the proposed development against the
relevant planning documents and the assessment criteria of the SPA. However, information arising from the
subsequent information and referral stage will also form part of the common material to be assessed by
Council.

5.2.2        Referral
The proposed development requires referral to the Department of State Development, Infrastructure and
Planning (State Assessment and Referral Agency) as a concurrence agency for the following matters:
       Coastal Management District matters being operational work that is interfering with quarry material as
        defined by the Coastal Protection and Management Act on State coastal land above the high-water
        mark within a Coastal Management District pursuant to Schedule 7, Table 2, Item 13;
       State Transport Infrastructure matters, being development exceeding the thresholds in Schedule 9
        pursuant to Schedule 7, Table 3, Item 2; and
       Coastal Management District matters being building work completely in the Coastal Management
        District and involving the construction of new premises exceeding 1,000m2 gross floor area pursuant
        to Schedule 7, Table 3, Item 5.
The proposed development also requires referral to Energex Limited as an advice agency for electricity
easement matters pursuant to Schedule 7, Table 3, Item 7.

5.2.3        Public Notification
The development application is subject to impact assessment and therefore, in accordance with section 295
of the SPA, public notification is applicable.
In accordance with section 298 of the SPA, a notification period of 15 business days is required.

5.2.4        State Planning Regulatory Provisions
Section 314(2)(a) of the SPA requires an assessment manager to assess an application against a State
Planning Regulatory Provision to the extent the State Planning Regulatory Provision is relevant to the
development. The table below outlines the State Planning Regulatory Provisions current at the time of
lodgement and their applicability to the assessment of the development application.

                 State Planning Regulatory Provision                                       Date               Applicability

  South East Queensland Regional Plan 2009-2031 State Planning
                                                                                         May 2014              Applicable
  Regulatory Provisions

  Guragunbah State Planning Regulatory Provision                                     September 2013           Not Applicable

  South East Queensland Koala Conservation State Planning
                                                                                         May 2010              Applicable
  Regulatory Provisions



December 2014                                             Cardno HRP                                                           27