Planning Report

4       LEGISLATIVE MATTERS

4.1     PLANNING ACT 2016

The Planning Act 2016 is the overriding legislation for this Development Application. Compliance with the Act and
any subordinate legislation will be demonstrated and where any conflict exists with compliance, sufficient
justification will be provided.



4.2     STATE PLANNING POLICY

The subject land has been identified as containing state interests and therefore the State Planning Policy (SPP) is
applicable to the development. These interests are detailed in Table 2 below.

Table 2: State Interests
 State Interest                                         Details

                                                        Flood hazard area – Local Government flood mapping area
 Natural Hazards Risks and Resilience
                                                        Bushfire prone area

                                                        Obstacle limitation surface area
 Strategic Airports and Aviation Facilities
                                                        Wildlife hazard buffer zone

Part 2 of the Noosa Plan 2020 states that the State Planning Policy has been integrated into the planning scheme
and therefore this report is not required to address the above state interests.



4.3     SOUTH EAST QUEENSLAND REGIONAL PLAN

The subject land is located in the Urban Footprint of the South East Queensland Regional Plan and the
development is consistent with the intent of the South East Queensland Regional Plan.



4.4     DEVELOPMENT REFERRALS FOR ASSESSMENT

In accordance with the Planning Regulation 2017, the development will require referral for the following matter:

Table 3: Referral Triggers
 Relevant Provisions of the Planning Regulation 2017 Triggered by the Application                  Referral Authority

 Premises contaminated because of unexploded ordnance: Schedule 10, Part 4, Division 3, Table 1          SARA
 – Reconfiguring a Lot that is assessable development under s 21

      Development application for the following development, if all or part of the premises are
      shown as an area of substantial unexploded ordnance potential in a mapping layer in the
      development assessment mapping system published on the department’s website—

          (a) reconfiguring a lot that is assessable development under section 21;
          (b) a material change of use that is assessable development under a local categorising
              instrument

Planning Report | 29 Currawong Crescent, Peregian Beach | 19/10/2021                                          11