Town Planning Report

 SECTION 4 - PLANNING CONSIDERATIONS

This section provides and overview of the legislative context of the application under the provisions of
the Planning Act 2016 and should be read in conjunction with the detailed assessment of the relevant
assessment criteria included at Attachment 13 to this report.

STATE INTEREST

Planning Act 2016

59. 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. In respect of the
    proposed development, a ‘Impact Assessable’ development application is required to be made
    according to s.45(5) of the Act to the assessment manager to acquire the necessary development
    approvals.

Referral Agencies and State Development Assessment Provisions

60. The Planning Act 2016 and Planning Regulation 2017 provide the legislative framework within
    Queensland for authorities (Local and State Government) to assess development applications.
    Matters that require assessment may be delegated to the Department of State Development,
    Infrastructure and Planning (DSDIP). A review of the State Assessment Referral Agency’s (SARA) DA
    online mapping system has identified the following Matters of State Interest as being applicable:

    •    SEQ Regional Plan – SEQ regional plan land use category: Urban Footprint;
    •    QLD Waterways and Waterway Barrier Works: Moderate;
    •    State Transport Corridor: Railway corridor;
    •    State Transport Corridor: State-controlled road; and
    •    Water Resources: Water resource planning area boundaries.

61. Whilst the application is affected by multiple state interests, it is only those matters outlined in Table
    8 below that trigger referral to SARA.

    Table 8 – Summary of Referral Agencies
    Referral Agency Referral Type      Referral Agency Trigger          Trigger ID
                                       State          Transport         Schedule 10, Part 9, Division 4,
                                       Infrastructure                   Subdivision 1 Table 1
    SARA (DTMR)      Concurrence
                                       State          Transport         Schedule 10, Part 9, Division 4,
                                       Corridors                        Subdivision 2, Table 4

62. The State Development Assessment Provisions (SDAP) nominates state codes requiring assessment
    against a proposed development based on the referral triggers. An assessment of the relevant State
    Codes (i.e. State Code 1, State Code 2 and State Code 6) of the State Development Assessment
    Provisions is provided at Attachment 13 to this report.


Material Change of Use and Reconfiguration of a Lot                                            Pg 22 of 44