Town Planning Report

6.0       Legislative Framework
6.1 Purpose of the Planning Act 2016
The Planning Act 2016 identifies a Purpose of achieving Ecological Sustainability. In
accordance with Section 5 of the Planning Act 2016, an entity that performs a function
under the Act must perform the function in a way that advances the purpose of the Act.
Further Section 4 of the Act outlines the system to facilitate the achievement of ecological
sustainability to include:
     State Planning Policies;
     Regional Plans;
     Planning Schemes;
     Temporary Local Planning Instruments;
     Planning Scheme Policies; and
     The Development Assessment System.

The manner in which the proposal responds to each of these items, and consequently
furthers the Purpose of the Act, can be seen within the following sections of this report.

6.2 Development Assessment System
The Development Application is categorised as Code Assessment and as such will be
assessed in accordance with Section 45 (3) of the Planning Act 2016.

Parts 1 and 5 of the Development Assessment Rules are consequently applicable to this
development application. Of note, the Applicant does not chose to opt out of receiving an
Information Request and consequently the decision as to whether to issue an Information
Request is left at the discretion of the Council.

6.3 State Planning Instruments

6.3.1 State Planning Policies
The State Planning Policy is a State Planning Instrument outlining matters of State Interest.
In accordance with the Planning Act 2016, a Local Government in assessing a development
application must give consideration to any relevant components of the State Planning
Policy if the Planning Scheme has not yet appropriately integrated the relevant State
Interest Policies. Part E of the State Planning Policy outlines 5 themes and 17 State Interest
Policies and associated Assessment Benchmarks to which development is to be assessed.
The manner in which the proposed development responds to these State Interest Policies
and Assessment Benchmarks can be seen below:

              State Interest Policy                                 Project Assessment and Compliance
 Liveable Communities and Housing
      Housing Supply and Diversity                          The proposal is for a Multiple Dwelling within a
                                                             well-established residential area. The site is easily
                                                             accessible and connected to an adequate standard
                                                             of infrastructure. The proposal will contribute to
                                                             the housing mix and choice in the locality.
Town Planning Report - 65-67 Elanda Street, Sunshine Beach                                                     24