Planning Report

3.           OUTLINE OF STATE AND REGIONAL LEGISLATIVE
             FRAMEWORK AND ASSESSMENT
3.1.         LEGISLATIVE FRAMEWORK
3.1.1. The Planning Act 2016
The purpose of the Planning Act 2016 (PAct) is to facilitate the achievement of ecological sustainability by
establishing an efficient, effective, transparent, coordinated and accountable system of land use planning,
development assessment and related matters.

This application includes Material Change of Use that is assessable development. A Development Permit for
the Material Change of Use is therefore required prior to the commencement of the use.

The Noosa Plan (‘Planning Scheme’) states that the proposed Material Change of Use is subject to impact
assessment (Undefined Use) and will be undertaken in accordance with Section 45(5) of the Act relating to
impact assessment.

Impact assessment must be carried out against the assessment benchmarks in the Planning Scheme and
have regard to any matters prescribed by regulation for paragraph 45(5)(ii) of the Act. In addition, the
assessment may be carried out against, or have regard to, any other relevant matter, other than a person’s
personal circumstances.

3.2.         ASSESSMENT BENCHMARKS
3.2.1. State Planning Policy 2017
The State Planning Policy (‘SPP’) was introduced on 3 July 2017 as part of a new State planning system.
The SPP defines the Queensland Government’s policies about matters of state interest in land use planning
and development and provides direction for the preparation of local planning instruments and assessment of
development applications.

The SPP also includes assessment benchmarks for some development applications, if a planning scheme
does not appropriately integrate the relevant state interest.

The SPP provides supporting mapping to assist in spatially representing policies and requirements contained
within the SPP. A comprehensive overlay map of state planning interests is provided in Figure 11.
The mapping indicates that the following SPP matters apply to the site:

•    Natural hazards risk and resilience;

•    Flood hazard area – Level 1 – Queensland floodplain assessment overlay;

•    Flood hazard area – Local Government flood mapping area.
The SPP contains assessment benchmarks that are expressed as performance outcomes for the purpose of
development assessment. Importantly, these assessment benchmarks apply to the extent the SPP has not
been identified in the Planning Scheme as appropriately integrated in the Planning Scheme. An assessment
of the proposed development against the state interest triggers is provided in Appendix D. The site is not
identified as being contained flood mapping in the Local Government’s planning scheme. As such, no further
assessment of the SPP is required.




28 OUTLINE OF STATE AND REGIONAL LEGISLATIVE FRAMEWORK AND                                                           URBIS
ASSESSMENT                                                          RPT-20190516-2-18 & 20 HOFMANN DRIVE, NOOSAVILLE_FINAL