05. Town Planning Report · MCU10/2127

 VIRIDIAN NOOSA - PROPOSAL REPORT




   4.               Statutory Town Planning Framework

   4.1              Introduction
                    This section of the town planning report explains the applicable components of the
                    planning framework and their relevance to the proposed development.



   4.2              Sustainable Planning Act 2009
                    The Sustainable Planning Act 2009 (“the SPA”) is the statutory instrument for the
                    State of Queensland under which, amongst other matters, development
                    applications are assessed by local governments.
                    The SPA replaced the now repealed Integrated Planning Act 1997 (“the IPA”).
                    The SPA delivers an Integrated Development Assessment System (“IDAS”) for
                    integrating State and local government assessment and approval processes for
                    development. Relevant stages in the IDAS process including referral and public
                    notification are addressed below.



   4.2.1            Impact Assessment
                    The planning framework relevant to assessing the development application at the
                    time of lodgement comprises the SPA and the planning scheme for the former Shire
                    of Noosa (The Noosa Plan). The Noosa Plan is a “planning scheme” as defined by
                    the SPA at section 79.
                    Section 238 of the SPA prescribes that a development permit is necessary for
                    assessable development, as declared under the relevant planning scheme.
                    In this instance, an Impact Assessable development application is required to be
                    made to the assessment manager to acquire the necessary development permits
                    and preliminary approvals (refer to Section 5.4 – The Noosa Plan of this report).

                    Section 314 of the SPA prescribes that for any part of the application requiring
                    impact assessment:
                        “(2)     The assessment manager must assess the part of the application against
                                 each of the following matters or things to the extent the matter or thing is
                                 relevant to the development—

                                 (a)      the State planning regulatory provisions;

                                 (b)      the regional plan for a designated region, to the extent it is not
                                          identified in the planning scheme as being appropriately reflected in
                                          the planning scheme;




   HUMPHREYS REYNOLDS PERKINS PLANNING CONSULTANTS                                                                18
   20-Dec-10 - 10BR087.R01.010.docx