631_IPS Planning Report · MCU23/0030

IPS REF: 631



5.0       Assessment of State Planning Provisions

5.1       Planning Act 2016

The Planning Act 2016 is the statutory instrument for the State of Queensland provides the legislative
framework for authorities (Local and State Government) to assess development applications. In respect of
the proposed development, a Code Assessable development application is required to be made according
to s.45(3) of the Act to the assessment manager to acquire the necessary development approvals.

5.2       Planning Regulation 2017

5.2.1     State Interests

A review of the State Assessment Referral Agency’s (SARA) DA online mapping system has identified the
following Matters of State Interest as being applicable to the subject site:

      •   SEQ Regional Plan Trigger – SEQ regional plan land use category: Urban Footprint;
      •   Coastal management district
      •   Coastal area - erosion prone area
      •   Coastal area - medium storm tide inundation area
      •   Coastal area - high storm tide inundation area
      •   Water resource planning area boundaries


5.2.2     Matters Requiring Referral

The proposal has been assessed against Schedule 10 of the Planning Regulation 2017 and whilst the land
is affected my multiple mapped state-interests, none of these matters are triggered for referral to the
State Assessment Referral Agency.

5.3       State Planning Policy

The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of state
interest in land use planning and development. The SPP only applies to development assessment if the
planning scheme has not yet appropriately integrated the SPP. If there is a discrepancy between a local
planning scheme and a state planning policy, then what is outlined in the state planning policy overrides
the planning scheme.

As outlined within Part 2 of the Planning Scheme, the SPP (July 2017) has been integrated into the planning
scheme within the exception of the following, which has only been partly integrated:

       State Planning Policy (July 2017) – Natural hazards, risks and resilience – coastal hazards – in part.




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