2021-09-13 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                            13 SEPTEMBER 2021


8.      ASSESSMENT
8.1. Superseded Planning Scheme Request
Under the Planning Act 2016 a person may within 1 year after commencement of the Noosa Plan
2020, make a SPS request.
A SPS request is a written request to Council:
       To accept, assess and decide a development application under a superseded planning
        scheme; or
       To apply a superseded planning scheme to a development that was accepted development
        (no approval required).
Under the Planning Regulation 2017, Council must decide whether or not to agree to a SPS request
within 30 business days after the request is received, which may be extended where the applicant
agrees in writing before the period ends. If no decision is made by Council within the required time
frame, the Council is taken to have agreed to the SPS request.
If the Council decides to agree or is taken to have agreed to the request, the superseded planning
application must be made within 6 months to Council or where the proposal is accepted development
under the SPS commence the use within 6 years of the Decision Notice being given.
8.2. Planning Schemes
The site is located in the Noosaville Locality and is zoned Shire Business Centre Zone under the
SPS. Under the SPS the proposed development requires a code assessable development
application.
In comparison under The Noosa Plan 2020, the site is zoned Major Centre and located within the
Showroom Precinct. An application to develop the land in accordance with the applicant’s proposal
would be impact assessable.
The following table details the level of assessment applicable to the proposed uses under the Noosa
Plan 2006 and the Noosa Plan 2020.
    Land use                         Level of assessment              Level of assessment
                                       Noosa Plan 2006                  Noosa Plan 2020
    Commercial Business Type   Consistent - code assessable   Inconsistent – impact assessable
    1 Office
    Commercial Business Type   Consistent - code assessable   Inconsistent – impact assessable
    2 Medical


The subject site is also identified by the SPS’s Biodiversity Overlay and Natural Hazard Overlay. An
application to develop the site would be required to address the requirements associated with these
overlays and the Engineering Works Codes, including the Water Sensitive Design Code.
Under the Noosa Plan 2020 the site is mapped by the Acid Sulfate Soils Overlay, notably the
proposal does not trigger the Biodiversity, Waterways and Wetlands Overlay Code.
The following images detail the zoning of the site and surrounding area under both the superseded
and Noosa Plan 2020.




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