Cooran - Development Application

6.2.1   The Planning Act 2016

The Planning Act 2016 (the Planning Act) is Queensland’s principal planning
legislation that coordinates planning at a local, state and regional levels. The
Planning Act came into effect on 3 July 2017, replacing the previous Sustainable
Planning Act 2009.
Where a telecommunications facility is not considered a low-impact facility, it is
subject to the provisions of the relevant State planning provisions. The proposed
facility is not defined as a “low impact facility” and is therefore subject to the
Planning Act, Queensland’s principal planning legislation that coordinates
planning at the local, state and regional levels.
The purpose of the Planning Act is to establish an efficient, effective,
transparent, integrated, coordinated, and accountable system of land use
planning, development assessment and related matters that facilitates the
achievement of ecological sustainability. Ecological sustainability is a balance
that integrates –
        (a) the protection of ecological processes and natural systems at local,
            regional, State, and wider levels; and
        (b) economic development; and
        (c) the maintenance of the cultural, economic, physical and social
            wellbeing of people and communities.


The Planning Act identifies the following hierarchy between the statutory
planning documents within Queensland:
   •    State planning policy
   •    Regional plans
   •    Local government planning schemes


Chapter 3, Part 4 of the Planning Act sets out the Development Assessment
Rules (DA Rules) for the development assessment process, where integrating
State and local government assessment and approval processes for
development. The proposed facility involves a “material change of use” of the
premises and is subject to the provisions of the local planning scheme – The
Noosa Plan.
Pursuant to Chapter 3 of the Planning Act and in accordance with The Noosa
Plan, the proposed telecommunications facility is assessable development and
therefore a development permit is required to be obtained prior to the
commencement of the proposal.

6.2.1.1 State referrals

A referral agency is an agency that has jurisdiction over a matter in a
Development Application if referral to that agency is triggered under Schedule
10 of the Planning Regulation 2017 (the Planning Reg).

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