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Development Application part 3 of 10 Planning Report - MCU13/0092
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7.0 RELEVANT TOWN PLANNING LEGISLATION
7.1 Sustainable Planning Act 2009
The Sustainable Planning Act 2009(SPA) provides the overall statutory
planning framework for Queensland. The subject site is located within the
local government boundaries of the Sunshine Coast Council, in the Noosa
sub-region. As such, the subject site is subject to the provisions contained in
the Noosa Plan 2008.
Based the relevant provIsions of the Noosa plan 2008 the proposed
on
development requires Impact Assessment. Those matters which the
Assessment Manager must regard when assessing the development
application are set out in section 314 of SPA and are as follows:
(1) This section applies to 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;
(c)if the assessment manager is not a local government-the laws
that are administered by, and the policies that are reasonably
identifiable as policies applied by, the assessment manager
and that are relevant to the application;
(d) State planning policies, to the extent the policies are not
identified in-
(i) any relevant regional plan as being appropriately
reflected in the regional plan; or
(ii) the planning scheme as being appropriately
reflected in the planning scheme;
(e)a structure plan;
(f) for development in a declared master planned area-all master
plans for the area;
(g) temporary local planning instrument;
a
(h)a preliminary approval to which section 242 applies;
(i) a planning scheme;
(j) for development not in a planning scheme area-any planning
scheme or temporary local planning instrument for a planning
scheme area that may be materially affected by the
development;
(k) if the assessment manager is an infrastructure provider-the
priority infrastructure plan.
May 2013 IA MCU IGA Complex at Peregian Page 25
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