Rpt-Proposed Lots 17 - 19, 28 Eenie Creek Rd, Noosaville_FINAL_

6        STATE PLANNING FRAMEWORK
6.1     LEGISLATIVE FRAMEWORK
6.1.1 The Planning Act
The Planning Act 2016 is the statutory instrument for the State of Queensland under which, amongst other
matters, development applications are assessed by local governments. The purpose of the Planning Act 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 states that the proposed Material Change of Use (Multiple dwellings) development is
subject to impact assessment.
Impact assessment is to be undertaken in accordance with Section 45(5) of the Act. An 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.

6.2 PUBLIC NOTIFICATION
Pursuant to Section 53 of the Planning Act, the notification stages of the development assessment process
applies to an application if either of the following applies –
        (a) Any part of the application requires impact assessment; or
        (b) the application includes a variation request.
As the development application requires Impact Assessment, public notification is required.

6.3 ASSESSMENT BENCHMARKS
6.3.1 State Planning Policy
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. As prescribed in Section 26(2)(a)(ii) of the Planning Regulation, the SPP
represents an assessment benchmark and the assessment manager must have regard to the SPP, if it is not
identified as being appropriately reflected in the planning scheme.
The SPP provides supporting mapping to assist in spatially representing policies and requirements contained
within the SPP. An overlay map of the relevant state planning interests is provided in Figure 15.




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24 STATE PLANNING FRAMEWORK                                  RPT-PROPOSED LOTS 17 - 19, 28 EENIE CREEK RD, NOOSAVILLE_FINAL