SARA_Information response

out an assessment against provisions of the planning scheme which
regulate building height.

It is also important to note the task required when a change is proposed.
If the approved built form had a height of 3 storeys and the change
proposed to increase the height to 4 storeys, the relevant exercise in
those circumstances would be to assess the additional storey, not the 4

storeys in total.

Similarly, where there is a change in the building footprint which impacts
on koala habitat, it is only the additional impacts beyond the impacts of
the approved development which can be permissibly assessed.

Koala Legislation

On 1 September 2017, the Nature Conservation (Koala) Conservation
Plan, mapped the Land as a koala habitat area, but not a koala priority
area.

On 7 February 2020, the Nature Conservation and Other Legislation
(Koala Protection) Amendment Regulation 2020 amended the Planning
Regulation 2077 to regulate development which interfered with koala
habitat areas.

Part 10 of Schedule 10 of the Planning Regulation 2017 ("PR") applies to
development on a lot that is completely or partly in the SEQ region and
Division 3 provides for the circumstances in which development
interfering with koala habitat in a koala habitat area which is not a koala
priority area is assessable development. That is, development. is
assessable development to the extent that it will interfere with a koala
habitat in an area that is a koala habitat area but is not a koala priority
area.

However, the provisions which make that type of development assessable
do not apply to the extent that the development is consistent with a
development approval that is in effect for the premises on which the
development is carried out and was given for an application that was
properly made before 7 February 2020.°

The relevant assessment benchmarks are SDAP.* State Code 25 is the

relevant part of the SDAP which applies to development in South East
Queensland koala habitat areas.

3 PR, Sch 10, Pt 10, Div 3, s 16B(2)(e).
* PR, Sch 10, Pt 10,, Div 3, SubDiv 3, Table 1, Item 4.

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