4_DA Report_FINAL

3.         STATE AND REGIONAL LEGISLATIVE FRAMEWORK
           AND ASSESSMENT
3.1.       LEGISLATIVE FRAMEWORK
3.1.1. The Planning Act 2016
The purpose of the Planning Act is to facilitate the achievement of ecological sustainability by establishing an
efficient, effective, transparent, coordinated and accountable system of land use planning, development
assessment and related matters.
This application includes Material Change of Use components which is an assessable development. A
Development Permit for the Material Change of Use is therefore required prior to the commencement of the
use.
The Noosa Plan 2006 (‘Planning Scheme’) states that the proposed Material Change of Use development is
subject to code assessment. Code assessment is to be undertaken in accordance with Section 45(3) of the
Act. A code assessment must be carried out against the assessment benchmarks in the Planning Scheme
and have regard to any matters prescribed by regulation for paragraph 45(3)(b) of the Act.

3.2.       ASSESSMENT BENCHMARK - STATE PLANNING POLICY
The State Planning Policy (‘SPP’) was introduced on 3 July 2017 as part of a new State planning system.
The SPP defines the Queensland Government’s policies about matters of state interest in land use planning
and development, and provides direction for the preparation of local planning instruments and assessment of
development applications. The SPP also includes assessment benchmarks for some development
applications, if a planning scheme does not appropriately integrate the relevant state interest.
The SPP provides supporting mapping to assist in spatially representing policies and requirements contained
within the SPP. A comprehensive overlay map of state planning interests is provided in Figure 5 and Figure
6.
The mapping indicates that the following SPP matters apply to the site:

•    Natural Hazards (Flood Hazard Area - Local Government Flood Mapping Area and Erosion prone area);
     and

•    Strategic Airports and Aviation Facilities – where any part of the land is within the wildlife hazard buffer
     zone of a strategic airport and the obstacle limitation surface.




URBIS
181214_REPORT_FINAL                                           STATE AND REGIONAL LEGISLATIVE FRAMEWORK AND ASSESSMENT   11