2017-06-06 - P&E Agenda Attachment 1 to Item 6 Draft Alignment Amendments Part 1 (Pages 1-907)

                                                                          ii.       Parts 4-12 Categories of development and assessment—Other than a
                                                                                    material change of use (reconfiguring a lot, building works and operational
                 Including amendments to 3 July 2017
The Noosa Plan



                                                                                    works);

                                                               f)               if a precinct of a zone changes the categories of development or assessment this
                                                                                will be shown in the ‘category of assessment’ column of the tables in Parts 4-12
                                                                                relating to categories of development and assessment for material change of use,
                                                                                reconfiguring a lot, building work and operational works;

                                                               g)               if an overlay applies refer to Category of assessment Part 13-Overlays to
                                                                                determine if the overlay further changes the category of assessment.

                                                       2.6.3 Determining the category of development and categories of assessment

                                                               a) A material change of use is assessable development requiring impact assessment:

                                                                          i.       unless the table of assessment states otherwise;

                                                                          ii.      if a use is not listed or defined;

                                                                      iii.         unless otherwise prescribed in the Act or the Regulation.

                                                               b)         Reconfiguring a lot is assessable development requiring code assessment unless
                                                                           the tables of assessment state otherwise or unless otherwise prescribed in the Act
                                                                           or the Regulation.

                                                               c)         Building work and operational work are accepted development, unless the tables of
                                                                          assessment state otherwise or unless otherwise prescribed in the Act or the
                                                                          Regulation.

                                                               d)         Where an aspect of development is proposed on premises included in more than
                                                                          one zone, locality plan or overlay, the category of development or assessment for
                                                                          that aspect is the highest category under each of the applicable zones, locality plan
                                                                          or overlay.

                                                               e)         Where development is proposed on premises partly affected by an overlay, the
                                                                          category of development of assessment for the overlay only relates to the part of the
                                                                          premises affected by the overlay.

                                                               f)         If development is identified as having a different category of development or
                                                                          category of assessment under a zone than an overlay the highest category of
                                                                          development or assessment applies as follows:

                                                                    i.           accepted development subject to requirements prevails over accepted
                                                                                 development;

                                                                    ii.            code assessment prevails over accepted development where subject to
                                                                                 requirements and accepted development;

                                                                      iii.          impact assessment prevails over code assessment, accepted development
                                                                                    where subject to requirements and accepted development.

                                                               g)               The category of development for development prescribed under schedules 6 and 7
                                                                                of the Regulation, override all other categories of development or assessment for
                                                                                that development under the planning scheme to the extent of any inconsistency.

                                                               h)               Despite all of the above, if development is listed as prohibited development under
                                                                                schedule 10 of the Planning Regulation 2016, a development application cannot be
                                                                                made.
                                                               Note—Development is to be taken to be prohibited development under the planning scheme only if
                                                               it is identified in schedule 10 the Planning Regulation 2017.




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