Appeal 26-042 - Lodgement Documents

20 Peregian Esplanade, Peregian Beach




          TOWN PLANNING FRAMEWORK
6.1     State Government

6.1.1 Planning Act 2016 - Framework
The Planning Act 2016 provides the statutory planning framework for the State of Queensland and outlines
the statutory process for preparing, assessing and deciding development applications. This proposal will be
assessed in accordance with the relevant components of the Planning Act 2016.

The proposal will be assessed in accordance with the Development Assessment Rules under section 68(1) of
the Planning Act 2016.

6.1.2 State Planning Policies
The State Planning Policy (SPP) came into effect on 3 July 2017 and expresses the State’s interests in land use
planning and development.

Part E of the SPP outlines the State interest policies and assessment benchmarks. The assessment
benchmarks are applicable to the assessment of development applications to the extent that the SPP has not
been identified in a Planning Scheme as being appropriately integrated.

The State Planning Policy July 2017 is not identified in the Noosa Plan 2020 as being fully integrated. As such,
the relevant assessment benchmarks in Part E of the State Planning Policy are addressed below.


   STATE INTEREST                         RESPONSE                                               COMPLIANCE

   SAFETY AND RESILIENCE TO HAZARDS
   Natural hazards, risk and              The proposed development does not materially
                                                                                                      ✓
   resilience                             increase the impact of natural hazards on residents.

6.1.3 Shaping SEQ – South East Queensland Regional Plan 2023
The subject site is identified within the Urban Footprint designation of Shaping SEQ. Land within the Urban
Footprint is intended to incorporate the full range of urban uses including housing, industry, business,
infrastructure, community facilities and other integral components of well-planned urban environments,
such as local areas for sport and recreation and urban open space.

The proposed development reflects a residential use and is in keeping with the intent of the Urban Footprint.

6.2     Local Government

6.2.1 Definition
The Planning Act 2016 defines a Material change of use as:
        (a) the start of a new use of the premises;
        (b) the re-establishment on the premises of a use that has been abandoned;
        (c) a material increase in the intensity or scale of the use of the premises.

Furthermore, the Noosa Plan 2020 defines a Dual Occupancy as follows:

          Dual Occupancy-

          (a) means a residential use of premises involving—
                 i.   2 dwellings (whether attached or detached) on a single lot or 2 dwellings (whether attached
                      or detached) on separate lots that share a common property; and
                ii.   any domestic outbuilding associated with the dwellings; but



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