2020-07-16 SM Agenda - Item 1 - Attachment 3 - Final Noosa Plan 2020 Part 4-6

        (a)    Section 5.5 ­ Categories of development and assessment—Material change of use
        (b)    Section 5.6 ­ Categories of development and assessment—Reconfiguring a lot
        (c)    Section 5.7 ­ Categories of development and assessment—Building work
        (d)    Section 5.8 ­ Categories of development and assessment—Operational work

 (6)    a precinct of a zone may change the categories of development or assessment and this will be shown in the ‘category of
        assessment’ column of the tables in sections 5.5 ­ Categories of development and assessment ­ Material change of use.
 (7)    if an overlay applies, refer to Section 5.9 ­ Category of development and assessment—Overlays, to determine if the overlay further
        changes the category of development or assessment.


 5.3.2               Determining the category of development and categories of assessment

 (1)    A material change of use is assessable development requiring impact assessment:
        (a)    unless the table of assessment states otherwise
        (b)    if a use is not listed or defined
        (c)    unless otherwise prescribed within the Act or the Regulation.

 (2)    Reconfiguring a lot is assessable development requiring code assessment unless the tables of assessment state otherwise or
        unless otherwise prescribed within the Act or the Regulation.
 (3)    Building work and operational work are accepted development, unless the tables of assessment state otherwise or unless
        otherwise prescribed within the Act or the Regulation.
 (4)    Where development is proposed on premises which are included in more than one zone or overlay, the category of assessment
        which applies is the highest category for a zone or an overlay in which the development or any aspect of the development is to
        occur.

 Editor's Note—For example, if premises are included in the Rural zone and the Environmental management and conservation zone and a Biodiversity
 overlay applies to that part of the premises included in the Environmental management and conservation zone, where development or any aspect of
 development is only proposed in the Rural zone part of the premises, then the category of assessment is that applicable to the Rural zone only.


 (5)    Where development is proposed on premises partly affected by an overlay, the category of development or assessment for the
        overlay only relates to the part of the premises affected by the overlay.
 (6)    For the purposes of schedule 6, Part 2 Material change of use section 2 (2)(d) of the Regulation, an overlay does not apply to the
        premises if the development meets the acceptable outcomes that form the requirements for accepted development in the relevant
        overlay code.
 (7)    If development is identified as having a different category of development or category of assessment under a zone than under an
        overlay , the highest category of development or assessment applies as follows:
        (a)    accepted development subject to requirements prevails over accepted development
        (b)    code assessment prevails over accepted development where subject to requirements and accepted development
        (c)    impact assessment prevails over code assessment, accepted development where subject to requirements and accepted
               development.

 (8)    Despite sub­subsections 5.3.2 (4) and (7) above, a category of assessment in a zone and a category of assessment in an overlay
        overrides a category of assessment in a zone or local plan.
 (9)    Provisions of Part 10 Other plans section may override any of the above.
 (10)   The category of development prescribed under Schedule 6 of the Regulation override all other categories of development or
        assessment for that development under the planning scheme to the extent of any inconsistency.


 Editor's Note—There are no provisions in Part 10.
 Editor's Note—Schedule 7 of the Regulation also identifies development that the state categorises as accepted development. Some development in the
 schedule may still be made assessable under the planning scheme.
 (11)   Despite all of the above, if development is listed as prohibited development under schedule 10 of the Regulation, a development
        application cannot be made.


 Note—Development is to be taken to be prohibited development under the planning scheme only if it is identified in schedule 10 of the Regulation.



NOOSA PLAN 2020                                                                                                                            Page 2 of 123