2016-08-18 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                  18 AUGUST 2016


3   IMPACTS OF RECENT COURT OF APPEAL DECISIONS BRISBANE CITY COUNCIL V
    GERHARDT & GERHARDT V QUEENSLAND BUILDING AND CONSTRUCTION
    COMMISSION
    That Council note the report by the Manager, Planning & Environment to the Planning &
    Environment Committee Meeting dated 9 August 2016 and resolve for the purpose of
    Schedule 7, Table 1 item 17 of the Sustainable Planning Regulation 2009:
    A.    to be a concurrence agency for a building or structure which is a single detached
          class 1(a)(i) building, class 1(a)(ii) building comprising not more than 2 attached
          dwellings or a class 10 building or structure in the circumstances outlined in Table 1
          below; and
    B.   that the form of building works which do not comply with the Probableacceptable
         Ssolutions and/or Sspecific Ooutcomes outlined in Column 3 of Table 1 of the
         relevant codes identified in Column 1 of Table 1 may:
         (a)   have an extremely adverse effect on the amenity or likely amenity of the
               locality; or
         (b)   be in extreme conflict with the character of the locality
         Table 1 – Declared building form for amenity and aesthetic referral agency
         assessment in Noosa Shire
          Column 1               Column 2                                     Column 3
          Code                   Concurrence                     Agency       ProbableAcceptable
                                 Assessment Required                          Solutions/Specific
                                                                              Outcomes
          Building     Works     Where carrying out building work if          Table 14-44 S1.1, S2.3, S10.1,
          Code                   demolition, relocation or removal of         S11.1-S11.3 S12.1, S13.1,
                                 a building and not associated with a         S14.1, S15.1, S16.1, S16.2,
                                 material change of use and not               S17.1, S18.1-S18.4, S20.1,
                                 complying              with            the   S21,1, S21.2, S22.1,
                                 Probableacceptable            Ssolutions     Table 14-45 S23.1-S23.3,
                                 identified in column 3 of this table.
                                                                              Table 14-45 S24.1-S24.7,
                                 Applies to all localities if a locality or
                                                                              S25.1-S25.6
                                 zone is not identified.
          Biodiversity Overlay   Where involving interference with            Table 13.2 S9.1, S10.1
          Code                   vegetation on premises identified
                                 as Environmental Protection Area,
                                 Environmental Enhancement Area
                                 or Riparian Buffer Area on
                                 Biodiversity Overlay Maps OM1.1
                                 to OM9.1; or
                                 Where on premises identified as
                                 Riparian Buffer Area of Biodiversity
                                 Overlay Maps OM1.1 to OM9.1,
                                 except for demolition works.
          Heritage    Overlay    Where involving a heritage site or           Table 13.5 O1, S2.1, O3, S4.1,
          Code                   within a character area as defined           S5.1-S5.3, O6, S7.1, O12
                                 by the Division 5, 13.11 General
                                 Provisions for the Heritage Overlay
          Natural    Hazard      Where on land identified as Flood            Table 13.10 S20.1, S20.2
          Overlay Code           Hazard Area on Overlay Maps
                                 OM1.3-9.3
          Natural Resources      Where within a Coastal Protection            Table 13.17 S17.1, O18,O19,
          Overlay Code           Area identified on Overlay Map               S20.1, S20.2
                                 OM4.5


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