2021-12-07 Planning & Environment Committee Meeting Agenda - Updated

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                7 DECEMBER 2021


3.    ASSESSMENT
3.1   Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
     State Planning Policy;
     South East Queensland Regional Plan;
     Planning Regulation 2017;
     Noosa Plan 2020.
3.2   State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the
SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Rural Living Area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The following assessment benchmarks from the Planning Regulation 2017 apply to the application:
     Koala Habitat Area
     SEQ Rural Living Area
The proposal is for urban activity within the Rural Living Area and is consistent with the assessment
benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
The proposal does not involve the removal of vegetation and would be operated wholly within an
existing lawfully established building. The proposal is consistent with the assessment benchmarks
contained in the Planning Regulation 2017 for Koala Habitat Areas.
3.3   Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are
relevant to the development:
     Rural Residential Zone Code; and
     Home-based Business Code.
Locality Provisions
The subject site is located in the Tinbeerwah Locality and is zoned Rural Residential. The proposed
use is identified as a consistent use with the zone and is required to follow an impact assessable
application process.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Home-Based Business Code
The most relevant assessment benchmark is considered to be the Home-Based Business Code.
The purpose of the Home-based business code is to ensure that “…home-based businesses are
established and operated in a manner which:
     Contributes positively to the Shire’s economy and employment;
     protects the amenity of surrounding premises;
     has minimal impact on the environment;
     promotes entrepreneurship; and
     allows for positive, well balanced lifestyle opportunities.”


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