11. OBoat Hire - Development Assessment Report

PROJECT URBAN – 21280                                                                               2022


6.0 STATE PLANNING INTERESTS

6.1 PLANNING REGULATION

The Planning Regulation 2017 (the Regulation) prescribes Assessment Benchmarks that the
application must be carried out against, which are additional or alternative to the Assessment
Benchmarks contained in the local planning instruments.

These Assessment Benchmarks are prescribed as being contained in:

    •    Part E of the State Planning Policy, to the extent it is not appropriately integrated into the
         Planning Scheme;
    •    Coastal Protection and Management Regulation Schedule 3; and
    •    Schedule 10 of the Regulation.

An assessment of the relevant provisions contained in the above planning instruments and
schedules of the Regulation are provided in the following sections of this report.

6.2 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.

The Noosa Plan 2020 appropriately reflects the State Planning Policy (SPP) dated July 2017.

6.3 SCHEDULE 10 OF THE REGULATION

The State Development Assessment Provisions (SDAP) set out the matters of interest to the State
for development assessment, where the State Assessment and Referral Agency (SARA) is
responsible for assessing or deciding development applications as assessment manager or as a
referral agency.

An assessment against these codes has been undertaken and will be sent to SARA as part of the
referral process.

The SDAP provisions are not applied by local government in the assessment of development
applications.

6.4 OWNER’S CONSENT

Under Division 2 Item 51 of the Planning Act 2016, owner’s consent is required to support an
application for work on land below High Water Mark (HWM) and outside a canal. In this instance,
the Department of Natural Resources has issued owner’s consent dated 13 January, 2022. A copy
of this letter is included in the application documents. By granting owner’s consent the
Department has agreed that the proposal occupies an acceptable amount of state land and is in
keeping with the intended use of the leased area.
Development Assessment Report                                                               Page 20 of 30
Material Change of Use and associated Operational Works
222 Gympie Terrace, Noosaville Qld 45466