MCU15/0017 - Development Application

Town Planning Report
28 Eenie Creek Road, Noosaville

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 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 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 structure plan;

(f) for development in a declared master planned area—all master plans for
the area;

(g) | atemporary local planning instrument;
(h) — apreliminary approval to which section 242 applies;
(i) a planning scheme;

i) 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;

(k) if the assessment manager is an infrastructure provider—an adopted
infrastructure charges resolution or the priority infrastructure plan.

(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—

 

February 2015 Cardno HRP 14