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Statutory Provisions
A review of the applicable State interests has been carried out with respect to the State Assessment and
Referral Agency’s (SARA) DA Mapping and the Planning Regulation 2017. A review of Schedule 10 of the
Planning Regulation 2017 confirms that the development application is required to be referred to
Energex as an advice agency. The site has an Energex easement in the northeastern corner of the
property. As such, the application requires referral to Energex as an Advice Agency.
Local Government Considerations – Noosa Plan 2020
Table 2 below, provides a breakdown of the planning scheme particulars, which relate to the subject site
and proposed development.
Table 2 Planning Scheme Particulars
Planning Instrument Noosa Plan 2020
Zone Rural Zone
Precinct N/A
- Agricultural Land Conservation Area
- Biodiversity Waterways and Wetlands (Area of Biodiversity
Significance & Riparian Buffer Area)
- Bushfire Hazard
Overlays o Medium Potential Bushfire Intensity
o Potential Impact Buffer
- Landslide Hazard
o High Hazard Area
o Moderate Hazard Area
Rural Zone Code
Codes required to be addressed Low Density Housing Code
Biodiversity, Waterways and Wetlands Overlay Code
Code Assessment of the Development Application is required to be carried out, due to the proposal
being unable to comply with all the Acceptable Outcomes of the Rural Zone Code and Low Density
Housing Code. As such, a comprehensive assessment against the areas of non-compliance with the
Codes is provided below.
It is noted that the proposed Dwelling House complies with majority of the Low Density Housing Code
and Rural Zone Code. In accordance with Part 5.9 (Categories of development and assessment –
Overlays) of the Planning Scheme, the only Overlay Code that is required to be assessed is the
Biodiversity, Waterways and Wetlands Overlay Code, due to the following:
• The Biodiversity Waterways and Wetlands Overlay Code is not required to be assessed as it is not
required to undertake any vegetation clearing onsite; and,
• The Bushfire Hazard Overlay Code and Landslide Hazard Overlay Code are not assessable for Dwelling
House development. Further, any new Dwelling will be assessed for bushfire safety and nominated a
minimum BAL for construction at Building Certification stage.
Whilst generally demonstrating compliance with the Acceptable Outcomes of the Zone Code and
Landslide Hazard Overlay Code, some minor variances are proposed, requiring additional assessment
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