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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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