2015-01-12 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                12 January 2015


2.2. Site Description
The site is generally level with the typical batter from the building platform to the top of the
revetment wall seen in Noosa Waters lots that adjoin the canal system.
2.3. Surrounding Land Uses
Detached Houses and the Noosa Waters canal.
3.   ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
•    State Planning Policies;
•    the South East Queensland Regional Plan;
•    State Planning Regulatory Provisions;
•    any Structure Plan or Master Plan in place for declared areas;
•    any Preliminary Approval Overriding the Planning Scheme for the land;
•    the Planning Scheme for the local government area; and
•     any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
•    SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Noosaville Locality and is zoned Detached Housing.
The application is for a Concurrence Agency Referral pursuant to Schedule 4 of the Sustainable
Planning Act 2009 which exempts dwellings from being a material change of use within the urban
or rural residential areas. In these cases a private certifier is the assessment manager not
Council, as would be the case in a normal code assessable application process where Council is
the Assessment Manager. The private certifier refers the building application to Council when
there is a non-compliance with the Acceptable Solutions of the Planning Scheme. In regard to
this application, the Building Approval has been issued but because the certificate of
classification has not been issued by the certifier the appropriate process is a Concurrence
Agency Referral.
Land Use
The setback encroachments are required to be assessed against the special provisions for
Noosa Waters in the Detached House Code and are set out below:
Specific Outcome O32 - The flood detention and amenity functions of areas adjacent to the
revetment walls within Noosa Waters Estate are retained and enhanced by ensuring—


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