2016-09-06 - Planning & Environment Committee Agenda

Page 77 of 118

1.    Purpose of this Report
The Noosa Plan commenced in 2006 and was prepared pursuant to the Integrated Planning Act
1997. The Sustainable Planning Act 2009 replaced the Integrated Planning Act, but authorised the
continued operation of planning schemes under transitional provisions.

Section 91 of the Sustainable Planning Act requires Councils to undertake a ten-year review of
their planning schemes. From the review Council must:-

1.    Propose to prepare a new scheme,
2.    Propose to amend the scheme, or
3.    If Council is satisfied the scheme is suitable to continue without amendment - decide to take
      no further action.

This report provides a review of The Noosa Plan for the purposes of Section 91 of the Act. The
only specification included in the Act about the review is that it must include an assessment of the
achievement of the strategic outcomes stated in the planning scheme.

2.     Background
2.1    Legislative context of The Noosa Plan
The Integrated Planning Act 1997 introduced a performance-based planning system for
Queensland and also a single integrated development assessment system.        The Sustainable
Planning Act 2009 built upon those foundations.

A performance-based planning system characterises development outcomes (as opposed to the
specific standards that were applied previously).   Proposed development is tested against
measures included in codes and should be meeting specific outcomes by complying with probable
solutions. However the assessment involves a wide degree of flexibility and development can
propose alternative solutions provided the outcomes are met and if they are not, there must be
alternate demonstration of compliance with higher levels of policy.

The integrated development assessment system is built around a founding principle that there be
only one assessment manager for every development application. Other authorities may have an
influence on the development decision but their involvement and level of authority is governed by
regulation. Most development applications have a Council as the assessment manager but a
notable exception is building works development which may be assessed and decided by a private
building certifier.

The Noosa Plan 2006 complied with those systems and introduced a range of new development
assessment provisions such as locality codes and land-use codes.    Mapping overlays had the
effect of adding the provisions of an overlay code to assessment of development on land identified
by the overlay.

The Noosa Plan 2006 — Ten Year Review                                                  Page 2

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