MCU16/0079 Town Planning Report

                                                                                                                   Town Planning Report
                                                                                                                          “Undefined Use”
                                                                                     Staged Extension & Refurbishment of Existing RSL Club
                                                                                                       5 Memorial Ave, Tewantin QLD 4565
                                                                                                  Lot 3 on T16319 and Lot 10 on SP273411




5.0   Assessment – State Planning Instruments
       5.1   Sustainable Planning Act 2009
             The proposal constitutes ‘development’ as defined by the Sustainable Planning Act 2009. The application is
             subject to code assessment.

       5.2   Development Assessment Process
             Pursuant to section 313 of the Sustainable Planning Act 2009, the following assessment process applies to code
             assessable development applications:

                “(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) any applicable codes, other than concurrence agency codes the assessment manager does not apply,
                        that are identified as a code for IDAS under this or another Act; Note— However, if the chief executive
                        is the assessment manager for the application, see section 255A.
                    (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) any applicable codes in the following instruments—
                      (i) a temporary local planning instrument;
                      (ii) a preliminary approval to which section 242 applies;
                      (iii) a planning scheme;
                    (f) if the assessment manager is an infrastructure provider—the provider’s LGIP, if any.
                          Note— See chapters 2 and 3 for particular provisions about the relationship between the matters or
                          things mentioned in subsection (2).
                (3) In addition to the matters or things against which the assessment manager must assess the application
                    under subsection (2), the assessment manager must assess the part of the application having regard to
                    the following—
                    (a) the common material;
                    (b) any development approval for, and any lawful use of, premises the subject of the application or
                        adjacent premises;
                    (c) any referral agency’s response for the application;
                    (d) the purposes of any instrument containing an applicable code.
                (4) 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, are taken to be applicable codes in addition to the applicable codes mentioned in
                     subsection (2)(c) or (e).
                (5) The assessment manager must not assess the application against, or having regard to, anything other than
                    a matter or thing mentioned in this section.
                (6) Subsection (2)(a), (b) and (d) does not apply for the part of an application involving assessment against the
                    Building Act.”


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