Skip to the record
For the highest quality transcripts.

Original source · versioned page text

2017-11-07 P&E Committee - Attachment 1 to Item 1 - Amendments for Multiple Housing Type 2 Duplex & Minor Corrections

of 862

Page text shows just the words. Original shows the document exactly as it was published.

                                                                                  Planning & Environment Committee
                                                                                           7 November 2017
                                                                                         Item 1, Attachment 1




                                   PART 1 - INTRODUCTION




                                                                                                                                 The Noosa Plan
                                                                                                                                             Including amendments to 3 July 2017
    Division 1—Relationship to (Repealed) Integrated Planning Act1

1.1          Purpose of planning scheme

1.1.1        In accordance with the Integrated Planning Act 1997 (IPA), the local government for
             Noosa Shire prepared this planning scheme as a framework for managing development
             in a way that advances the purpose of the IPA2 by—

             a)      identifying assessable, self-assessable and exempt development;

             b)      identifying outcomes sought to be achieved in the local government area as the
                     context for assessing development; and

             c)      identifying the criteria for assessment of development that is not exempt
                     development.

1.1.2        The planning scheme was amended for alignment with the Planning Act 2016 (the Act) by
             the Minister’s rules under section 293 of the Act on 3 July 2017.

             Editor’s note–The planning scheme has been amended to align only to the extent of matters
             dealing with categories of development and assessment as provided in the Planning Act 2016. In
             accordance with section 16(3) of the Act, the regulated requirements (to the extent chosen) apply to
             the planning scheme to the extent of any inconsistency.


1.2          Planning scheme functions as part of IDAS3
             The planning scheme functions as part of IDAS and must be read together with the IPA
             and subsequent planning legislation.




1
      The Integrated Planning Act 1997 was repealed in 2009 and replaced by the Sustainable Planning Act 2009 which was
      subsequently repealed and replaced with the Planning Act 2016. This Planning Scheme was developed under the
      Integrated Planning Act but remains valid under subsequent planning legislation.
2
      Under IPA, section 1.2.1, the purpose of the IPA is to seek to achieve ecological sustainability by (a) coordinating and
      integrating planning at the local, regional and State levels; and (b) managing the process by which development
      occurs; and (c) managing the effects of development on the environment (including managing the use of premises).
3
      IDAS—integrated development assessment system—is the system detailed in chapter 3 of the IPA for integrating State
      and local government assessment processes for development.



                                                             1-1
Log in to download the original file

2017-11-07 P&E Committee - Attachment 1 to Item 1 - Amendments for Multiple Housing Type 2 Duplex & Minor Corrections(PDF, 9MB).pdf · 9.9 MB (large file)

Large file: the download may take up to a minute.

Searchable page text hides email addresses. Original files are unchanged and may show email addresses.

Full text of sections 2 to 69 (of 862)

Section 2

                                                          Division 2—Strategic Framework and Community Vision
            Including amendments to 3 July 2017
The Noosa Plan




                                                  1.3      Preliminary

                                                  1.3.1    This division expresses the community vision for Noosa Shire in 2021, which is reflected
                                                           in the desired environmental outcomes in Part 3, and summarises the strategy adopted
                                                           by the planning scheme to achieve the desired environmental outcomes.

                                                  1.4      Community Vision

                                                  1.4.1    The following summarises the overall vision sought by the community of Noosa Shire by
                                                           2021—

                                                           a)    Noosa Shire is an inclusive community renowned for its creativity, innovation,
                                                                 vision and entrepreneurship where sustainability underpins excellence. The key
                                                                 principles that underpin the Vision are:

                                                           b)    social cohesion and community well-being;

                                                           c)    a strong sustainable economy;

                                                           d)    environmental excellence and sustainability;

                                                           e)    artistic and cultural diversity and excellence;

                                                           f)    a commitment to maintaining a sustainable population;

                                                           g)    quality, innovative and reliable infrastructure; and

                                                           h)    maintaining the “Noosa Style”.

                                                  1.4.2    Arts & Heritage Sector Vision to 2021

                                                           a)    By 2021, Noosa Shire has become a community that values, preserves and builds
                                                                 upon and promotes our unique blend of environmental conservation, Indigenous,
                                                                 early settlement, built, community and latter Twentieth Century lifestyle heritage.

                                                           b)    The community will also have become a community renowned for the way we
                                                                 encourage and achieve artistic and creative excellence, innovation and
                                                                 participation that enriches all facets of our local way of life and our community.

                                                  1.4.3    Economic Sector Vision to 2021

                                                           By 2021, there will be a strong viable niche economy:

                                                           a)    protecting and enhancing Noosa Shire’s national image and market position
                                                                 (“Noosa Brand”);

                                                           b)    with employment opportunities, business and industrial growth that complements
                                                                 environmental values; and
                                                                   i.  a continued emphasis on tourism and hospitality as key economic drivers of
                                                                       the Noosa Shire economy;
                                                                  ii.  better integration of existing sustainable industries;
                                                                 iii.  growth strategies focussed on (in order of priority):-

                                                                         wellness industries (including aged care and healthy lifestyle industries
                                                                         knowledge-based businesses (including home-based industries);
                                                                         education and service industries;



                                                                                                   1-2

Section 3

                        heritage and creative arts industries; and clean, green, light and
                         environmentally friendly sustainable industries and agriculture.




                                                                                                    The Noosa Plan
                                                                                                                Including amendments to 3 July 2017
1.4.4   Environment Sector Vision to 2021

        The Noosa Shire community has a commitment to environmental excellence and
        sustainability. The impact of human settlement has been minimised. We manage,
        maintain, restore and preserve our natural environment of:

        a)    biodiversity of flora and fauna;

        b)    air;

        c)    land;

        d)    water; and

        e)    forests and other ecosystems.



1.4.5   Social Sector Vision to 2021

        By 2021 Noosa Shire is as renowned for its focus on people as well as its focus on the
        environment and tourism. The people of Noosa Shire:

        a)    Belong to a community which values, maintains and nurtures its small
              communities;

        b)    Encourage participation for all people and support strong and ethical governance;

        c)    Have a passion for learning and foster creative and innovative activities;

        d)    Enjoy a healthy lifestyle; and

        e)    Enjoy convenient access to services and resources.

1.4.6   Tourism Sector Vision to 2021

        The community and tourism industry of Noosa Shire works so well together that Noosa is
        internationally recognised as an innovator in achieving interdependent economic, social,
        and environmental sustainability.


1.5     Regional Context
        The Noosa Shire comprises part of two regions (South-East Queensland and Great
        Sandy) and a sub-region (Sunshine Coast) and makes important contributions to each.

        a)    Sunshine Coast—Noosa Shire is the northern of the two local governments that
              make up the sub-region of the Sunshine Coast. It is the smaller of these in both
              area and population. As a consequence, a number of the services that support its
              urban and rural populations are found outside the Shire.

        b)    Great Sandy—Noosa Shire is the southern gateway to and forms part of the Great
              Sandy region, a largely natural area with its focus on the coastal lowlands and
              islands of the Wide Bay. The Noosa River forms the buffer between the urban
              areas of Noosa Shire in the south and the Great Sandy National Park. The Noosa
              River, in association with the low intensity predominantly rural development to its
              west, forms the western buffer to Noosa’s North Shore. Noosa Shire’s role is




                                                 1-3

Section 4

                                                                based on its extensive areas of environmentally sensitive open space and on the
            Including amendments to 3 July 2017




                                                                accommodation and services it provides to the region’s visitors.
The Noosa Plan




                                                          c)    South-East Queensland—Noosa Shire is at the northern extremity of the south-
                                                                east Queensland region that is centred on the Queensland capital, Brisbane. The
                                                                SEQ Region is Australia’s fastest growing region. As a consequence of its position
                                                                at the edge of the region, development in Noosa Shire is less intensive than in
                                                                other coastal parts of the region and significant proportions of Noosa Shire are
                                                                committed to open space. Despite its location, Noosa Shire’s proximity to more
                                                                intensive residential areas extending to Brisbane results in it serving as a natural
                                                                recreation resource for other population centres.

                                                          d)    Overall Regional Context—Noosa Shire stands distinct in the regional and sub-
                                                                regional contexts in which it is placed. The maintenance of the values that make it
                                                                distinct is important in sustaining this position, particularly in terms of Noosa Shire’s
                                                                role in the Sunshine Coast, of the Sunshine Coast’s role in the South-East
                                                                Queensland region and the role Noosa Shire plays as the gateway between the
                                                                South-East Queensland region and the Great Sandy region.

                                                  1.6     Strategy map
                                                          The Strategy Map—Map SM (in Part 1) shows preferred land use patterns, centres, the
                                                          major transport network, water supply catchments, centres hierarchy, extractive and
                                                          mining resources and conservation corridors, as mentioned throughout Division 2.


                                                  1.7     Strategic framework

                                                  1.7.1   The majority of urban residential, business, community, industrial and recreational
                                                          development is consolidated in the southern coastal part of Noosa Shire within the
                                                          localities of Eastern Beaches, Noosa Heads, Noosaville and Tewantin. These localities
                                                          account for roughly three quarters of Noosa’s resident population and are the ones most
                                                          affected by visitor influx in peak periods.

                                                  1.7.2   Urban settlement in the coastal part of Noosa Shire has been shaped by the natural
                                                          features including the coastal dune system, the Noosa River and lake system, the flood
                                                          prone lowlands and large areas of environmentally sensitive open space protected as
                                                          national park, conservation reserves or State forests. Accordingly, development is
                                                          intended to remain limited to land physically suited to such development where the
                                                          natural landform and landscape are not compromised.

                                                  1.7.3   The hinterland consists of rural towns and villages, the largest and most significant in
                                                          terms of services and employment is Cooroy. Cooroy, Pomona and Cooran are all
                                                          located on the North Coast Rail line. Boreen Point and Cooroibah have been established
                                                          in scenic positions on the edge of lakes. The balance of the hinterland accommodates
                                                          predominantly agricultural uses or vegetated open space.

                                                  1.7.4   The Noosa Shire community respects and appreciates its environment and has goals of
                                                          environmental excellence, quality lifestyle and economic well-being. As a consequence
                                                          the Noosa community seeks—

                                                          a)    built environments which fit into and do not dominate the natural environment; and

                                                          b)    confidence that population growth and associated change does not adversely
                                                                impact upon the character, lifestyle and environment enjoyed by its residents.

                                                  1.7.5   Land capability and infrastructure assessments for Noosa result in this planning scheme
                                                          providing for a sustainable resident population carrying capacity of around 62,031 people.



                                                                                                  1-4

Section 5

        Visitor accommodation will swell this figure to around 67,275 people during holiday
        periods.




                                                                                                           The Noosa Plan
                                                                                                                       Including amendments to 3 July 2017
        Strategy with respect to specific uses—

1.7.6   Residential Development

        a)     The planning scheme consolidates urban residential development to the existing
               urban settlements of Boreen Point, Castaways Beach, Cooran, Cooroibah, Cooroy,
               Kin Kin, Marcus Beach, Noosa Heads, Noosaville, Peregian Beach, Pomona,
               Sunrise Beach, Sunshine Beach, Teewah and Tewantin.

        b)     The physical boundaries of urban settlement are defined by the Urban Growth
               Boundary and the planning scheme allows for no expansion beyond these. Growth
               will be through urban infill and where appropriate, redevelopment.

        c)     Additional rural settlement is provided for in areas close to towns and villages
               where the land is physically suitable for rural settlement, where it does not pose a
               threat to water quality, agricultural sustainability or biodiversity, and where it is not
               at risk to natural hazards.

        d)     A variety of housing types is allowed for with higher densities being encouraged in
               proximity to business centres, neighbourhood centres or the village centres.

        e)     Residential development is encouraged to be more sustainable and flexible relying
               less on non-renewable energy for heating, cooling, lighting, or hot water heating.
               The planning scheme seeks to achieve housing that is physically more accessible,
               providing for the ageing population of Noosa Shire and disabled persons.

        f)     Residential development does not occur in locations where it would inhibit or
               prevent the lawful conduct of existing land uses including agricultural, industrial
               and extractive uses or associated haulage operations.

1.7.7   Commercial and Retail Development

        a)     Noosa Shire’s centre hierarchy is shown on Map SM.

        b)     With the exception of the emerging Shire Business Centre, additional commercial
               development is confined to existing business centres, neighbourhood centres,
               village centres and mixed-use areas in the visitor precincts of Hastings Street,
               Gympie Terrace and Sunshine Beach.

        c)     The scheme allows for a substantial Shire Business Centre off Eenie Creek Road,
               Noosaville. This centre will be the business and employment focus of Noosa Shire
               and amongst industrial, commercial and community facilities will include a
               shopping centre anchored by a discount department store.

        d)     The existing business centres of Noosa Junction, Noosaville, Tewantin and Cooroy
               will include some commercial and retail infill within the Business Zone to service
               the surrounding population. Cooroy particularly has scope for expansion to cater
               for the rural hinterland and passing visitors.

1.7.8   Visitor Facilities

        a)     Noosa Heads and Noosaville will remain the principal focus of visitor
               accommodation growth with some sites protected for the exclusive use of visitor
               accommodation.

        b)     The scheme includes Visitor Mixed Use Zones at Hastings Street, Noosa Heads;
               Gympie Terrace, Noosaville; Duke Street at Sunshine Beach; and Heron Street at
               Peregian Beach. This zone allows for medium density residential development to



                                                 1-5

Section 6

                                                                 be mixed with business functions that have a direct benefit to visitors. This is
            Including amendments to 3 July 2017




                                                                 generally in the form of shops, restaurants or galleries on the ground floor with
The Noosa Plan



                                                                 accommodation units above. These centres also contribute significantly to retail
                                                                 and hospitality employment. The streetscape and built form in these areas is of
                                                                 particular importance as they directly affect the character of Noosa Shire and
                                                                 therefore the tourism industry.

                                                           c)    A Visitor Mixed Use Zone also applies to the holiday accommodation centre in
                                                                 Beach Road, Noosa North Shore. This site will continue to provide a range of
                                                                 accommodation styles and commercial services to visitors to the Noosa North
                                                                 Shore area, though limited expansion is intended.

                                                           d)    Visitor attractions throughout Noosa Shire continue to be focused on natural assets
                                                                 such as the beaches, national parks, watercourses and foreshore parks. Other
                                                                 attractions such as the lakes, mountains, trail network and coloured sands assist in
                                                                 decentralising visitor activities away from the south-east corner of the Shire and
                                                                 offering visitors different experiences.

                                                           e)    The planning scheme allows for rural visitor accommodation in domestic, home-
                                                                 hosted forms and in larger guesthouses or cabin parks, located close to natural
                                                                 attractions and the heritage-rich rural towns and villages. The scheme also
                                                                 encourages overnight camping facilities for the travelling public in the vicinity of
                                                                 rural villages and the Noosa Trail Network.

                                                  1.7.9    Industrial Development

                                                           a)    Industrial growth is focused on two main areas–-
                                                                      i. Noosaville’s industrial estate which is the largest concentration of industrial
                                                                          businesses in Noosa Shire and includes a high proportion of service
                                                                          industries catering particularly to the coastal populations; and
                                                                     ii. Cooroy’s industrial estate which can accommodate considerable industrial
                                                                          growth and offers a moderate level of access to the Bruce Highway and
                                                                          the North Coast rail line.
                                                           b)    The rural villages of Kin Kin and Pomona have minor industrial areas allowing for
                                                                 limited growth. Existing industrial uses are historically linked to the villages and
                                                                 their rural timber-getting past.

                                                  1.7.10   Community Services

                                                           a)    Community services and recreational facilities are spread throughout Noosa Shire
                                                                 in accordance with the needs of the resident population. A higher concentration of
                                                                 community services exists in the coastal south-east corner of the Shire and in
                                                                 Cooroy and Pomona, generally proportionate to the population’s distribution.

                                                           b)    The Community Service Zone caters for recreation, social interaction, community
                                                                 wellbeing, emergency services, infrastructure, health care, and educational
                                                                 facilities.

                                                           c)    Multiple use and shared facilities are encouraged to ensure efficient provision of
                                                                 services. In village centres, community services are generally mixed with business
                                                                 and recreational functions, however in larger centres there is often clear
                                                                 delineation of business and community functions and spaces.

                                                           d)    Outdoor open space for formal and informal sport and recreation pursuits is
                                                                 provided within each urban settlement or has a moderate level of accessibility from
                                                                 each settlement.




                                                                                                  1-6

Section 7

1.7.11   Rural Uses

         a)    The scheme seeks to protect the traditional rural base of Noosa Shire by protecting




                                                                                                       The Noosa Plan
                                                                                                                   Including amendments to 3 July 2017
               good quality agricultural land through the Agricultural Land Conservation Area
               designation and excluding development that would preclude or conflict with
               agriculture. Urban uses, more appropriately located within the urban growth
               boundary do not occur in the Rural Zone.

         b)    Traditional cultivation and animal husbandry will be enhanced by sustainable
               forestry practices and new rural enterprises, many of which are less land intensive
               than traditional practices and do not rely on the widespread clearing of properties.

         c)    The use of farm management plans will continue to help protect the rural natural
               environment and the long term ecological sustainability of the land.

         d)    Extractive and mining resources are protected for their ultimate extraction and use,
               with buffers used to prevent potential land use conflicts.



         Strategy for Environmental and Heritage Protection and Management-

1.7.12   Natural Environment Protection

         a)    Through the use of zones and overlays the scheme identifies and seeks to protect
               areas of remnant vegetation and encourages the rehabilitation of riparian corridors
               and wildlife corridors. It also seeks to protect land of ecological, biophysical,
               scenic or cultural value, including the mountains that dominate the landform and
               landscape.

         b)    Activities that have potential to impact on water quality, bank or slope stability,
               fauna habitats and linkages, or significant scenic vistas are inconsistent within the
               scheme.

         c)    The Noosa Trails Network provides for recreational opportunities and facilities and
               facilitates appreciation for the natural heritage and environment of Noosa Shire.

1.7.13   Heritage Protection

         a)    The scheme identifies sites, buildings, places and items of historical heritage
               significance. Heritage sites are protected from removal, damage or disturbance
               caused by development.

         b)    Character areas in rural towns and villages have also been identified where it is
               desirable to protect and build upon the existing heritage values within the
               streetscape. The relocation of historically significant buildings to such character
               areas and other rural areas of Noosa Shire is preferable to their demolition. The
               adaptive reuse of such buildings for compatible uses is also promoted.

1.7.14   Natural Hazard Management

         a)    The planning scheme identifies areas at risk from natural hazards including
               landslide, bushfire, flooding and acid sulfate soils.

         b)    Development in areas at risk from natural hazards is to be compatible with the
               nature of the hazard so as not to place people, property, economic activity, social
               wellbeing and the natural environment at risk.

         c)    Development is avoided in areas subject to natural hazards or where natural
               hazards cannot be avoided, mitigation or adaptation measures are adopted taking
               into account predicted frequency and severity of the natural hazard.



                                               1-7

Section 8

                                                           d)    Development does not materially increase the impact or severity of natural
            Including amendments to 3 July 2017




                                                                 hazards.
The Noosa Plan




                                                           e)    Development protects flood plains and the flood conveyance capacity of
                                                                 waterways.

                                                           f)    Development supports and does not unduly burden disaster management
                                                                 response or recovery capacity and capabilities.

                                                  1.7.15   Natural Resources Management

                                                           a)    The planning scheme identifies areas of protected agricultural lands; extractive
                                                                 resource areas; water supply catchments; drinking water supply buffer areas,
                                                                 natural gas pipeline; and areas for coastal protection.

                                                           b)    Development over or in the vicinity of these areas and features must be compatible
                                                                 with the nature, ongoing use and protection of the natural resource.

                                                           Strategy for Infrastructure-

                                                  1.7.16   Water and Sewerage Infrastructure

                                                           a)    There are adequate water treatment and transport facilities in place to service the
                                                                 residential population allowed for in the planning scheme.

                                                           b)    Reticulated water is not planned to be provided to rural zoned areas of Noosa
                                                                 Shire nor to the villages of Boreen Point, Kin Kin or Teewah.

                                                           c)    Lake Macdonald water catchment and Mary River drinking water catchment is
                                                                 protected from further development that could have an impact on water quality.

                                                           d)    The planning scheme also seeks to reuse rainwater through the capturing and
                                                                 reuse of rainwater in both urban and rural settlements.

                                                           e)    Sewerage is or will be provided to all urban settlements in the coastal part of
                                                                 Noosa Shire in the life of the planning scheme. Sewerage is also provided to much
                                                                 of the town of Cooroy. While currently only the village centre of Pomona is
                                                                 serviced by sewerage some of the surrounding urban settlement will become
                                                                 serviced in the life of the scheme. There is no immediate plan to provide sewerage
                                                                 to the rural parts of Noosa Shire nor to the villages of Boreen Point, Cooran, Kin
                                                                 Kin or Teewah, unless onsite effluent disposal leads to unacceptable
                                                                 environmental or health risks.

                                                  1.7.17   Transport Infrastructure

                                                           a)    Noosa Shire’s major road network is shown on Map SM. Transport around Noosa
                                                                 is predominately by private motor vehicle however the scheme encourages the use
                                                                 of public transport, cycling and walking to minimise the environmental impacts of
                                                                 transport. Council will facilitate major efforts to increase the provision, patronage
                                                                 and integration of public transport services. Public transport nodes are to be
                                                                 established at Noosa Heads, Shire Business Centre at Noosaville, and at Cooroy.
                                                                 The scheme provides for improved cycling and pedestrian movements and end of
                                                                 trip facilities throughout urban settlements.

                                                           b)    The scheme proposes new roads to divert traffic from built up areas. New roads to
                                                                 be constructed during the life of this planning scheme include—
                                                                      i. the balance of Eenie Creek Road, linking Noosaville with Noosa Heads
                                                                          and the Eastern Beaches;
                                                                      ii. an upgrade of Beckmans Road to provide a bypass around Tewantin;



                                                                                                 1-8

Section 9

                         iii. Walter Hay Drive, providing access from Eumundi Road, past the Shire
                             Business Centre to Emu Mountain Road to the south of Noosa;




                                                                                                           The Noosa Plan
                                                                                                                       Including amendments to 3 July 2017
                         iv. an extension of Gibson Road between Eumundi Road and Lake Doonella;
                             and
                         v.a new road connecting Cooroy-Noosa Road with McKinnon Drive.

        c)         The scheme aims to reduce the community impacts of vehicular traffic on main
                   roads through built up areas by managing speeds, and minimising conflicts
                   between vehicles, cyclists and pedestrians.

        d)         The scheme does not attempt to cater for all peak traffic and parking loads but
                   provides for a high level of service during non-peak periods.

        e)         Rural roads are aligned with the geography, following contours and ridgelines and
                   crossing watercourses in locations that have the least environmental impact. The
                   protection of the rural character of roads and roadside vegetation is also important.

        f)         Protection of the views and vistas obtained from the major road network is
                   important and controlled through the planning scheme.

        g)         Carparking and driveways do not dominate development and site planning and
                   landscaping mitigates the visual impact of vehicle spaces. Carparking provision
                   includes both on-street and off-street parking consistent with the character of the
                   localities.

        h)         The scheme protects the Noosa Airport in the Noosaville Locality as the only
                   commercial airport within Noosa Shire. Commercial operations are limited to light
                   aircraft as Brisbane and Sunshine Coast Airports provide for most passenger
                   services.

        i)         Railway stations in the rural towns of Cooroy and Pomona and village of Cooran
                   provide access to centres outside of Noosa Shire. Buses link coastal parts of
                   Noosa with stations at Cooroy and Nambour.

        j)         Haul routes associated with extractive resources–

                   i       are located on roads where the haul route will minimise adverse impacts on
                           residential amenity; and

                   ii      are located on roads which are of adequate standard or which may be
                           upgraded as part of the utilisation of the resource; and

                   iii     are adequately maintained as part of the utilisation of the resource.



               Division 3—Planning scheme structural elements

1.8          Local government area divided into 9 localities
             For the purpose of the assessment and control of development the planning scheme
             divides Noosa Shire into the following 9 geographic localities as shown on Map NPLM.
             The provisions for each locality are contained in a locality plan, which incorporates
             assessment tables and a specific locality code (see Parts 4 to 12 inclusive). The
             following localities are identified on locality zone maps ZM1 to ZM9—

1.8.1        Boreen Point, Kin Kin & Cootharaba Locality;

1.8.2        Cooroibah Locality;


                                                     1-9

Section 10

                                                  1.8.3   Cooroy & Lake Macdonald Locality;
            Including amendments to 3 July 2017
The Noosa Plan



                                                  1.8.4   Eastern Beaches Locality;

                                                  1.8.5   Mary River Catchment Locality (which includes Pomona and Cooran);

                                                  1.8.6   Noosa Heads Locality;

                                                  1.8.7   Noosa North Shore Locality;

                                                  1.8.8   Noosaville Locality; and

                                                  1.8.9   Tewantin & Doonan Locality.

                                                  1.9     Localities divided into zones
                                                          The planning scheme divides the whole of each locality into zones. The zones reflect
                                                          more precisely the preferred use patterns depicted on Map SM. The zones for each
                                                          locality are as follows—

                                                  1.9.1   the Boreen Point, Kin Kin & Cootharaba Locality, identified on zone map ZM1—

                                                          a)    Detached Housing Zone;

                                                          b)    Village Mix Zone;

                                                          c)    Community Services Zone;

                                                          d)    Industry Zone;

                                                          e)    Rural Settlement Zone;

                                                          f)    Rural Zone;

                                                          g)    Open Space Recreation Zone and;

                                                          h)    Open Space Conservation Zone.

                                                  1.9.2   the Cooroibah Locality, identified on zone map ZM2—

                                                          a)    Detached Housing Zone;

                                                          b)    Neighbourhood Centre Zone;

                                                          c)    Rural Settlement Zone;

                                                          d)    Rural Zone; and

                                                          e)    Open Space Conservation Zone.

                                                  1.9.3   the Cooroy & Lake Macdonald Locality, identified on zone map ZM3—

                                                          a)    Detached Housing Zone;

                                                          b)    Semi-attached Housing Zone;

                                                          c)    Attached Housing Zone;

                                                          d)    Business Centre Zone;



                                                                                              1-10

Section 11

        e)    Community Services Zone;

        f)    Industry Zone;




                                                                         The Noosa Plan
                                                                                     Including amendments to 3 July 2017
        g)    Rural Settlement Zone;

        h)    Rural Zone;

        i)    Open Space Recreation Zone; and

        j)    Open Space Conservation Zone.

1.9.4   the Eastern Beaches Locality, identified on zone map ZM4—

        a)    Detached Housing Zone;

        b)    Semi-attached Housing Zone;

        c)    Attached Housing Zone;

        d)    Visitor Mixed Use Zone;

        e)    Neighbourhood Centre Zone;

        f)    Community Services Zone;

        g)    Rural Settlement Zone;

        h)    Open Space Recreation Zone; and

        i)    Open Space Conservation Zone.

1.9.5   the Mary River Catchment Locality, identified on zone map ZM5—

        a)    Detached Housing Zone;

        b)    Semi-attached Housing Zone;

        c)    Village Mix Zone;

        d)    Community Services Zone;

        e)    Industry Zone;

        f)    Rural Settlement Zone;

        g)    Rural Zone;

        h)    Open Space Recreation Zone; and

        i)    Open Space Conservation Zone.

1.9.6   the Noosa Heads Locality, identified on zone map ZM6—

        a)    Detached Housing Zone;

        b)    Semi-attached Housing Zone;

        c)    Attached Housing Zone;

        d)    Visitor Mixed Use Zone;

        e)    Neighbourhood Centre Zone;

        f)    Business Centre Zone;


                                            1-11

Section 12

                                                          g)    Community Services Zone;
            Including amendments to 3 July 2017
The Noosa Plan



                                                          h)    Open Space Recreation Zone; and

                                                          i)    Open Space Conservation Zone.

                                                  1.9.7   the Noosa North Shore Locality, identified on zone map ZM7—

                                                          a)    Detached Housing Zone;

                                                          b)    Visitor Mixed Use Zone;

                                                          c)    Community Services Zone;

                                                          d)    Rural Settlement Zone;

                                                          e)    Open Space Recreation Zone; and

                                                          f)    Open Space Conservation Zone.

                                                  1.9.8   the Noosaville Locality, identified on zone map ZM8—

                                                          a)    Detached Housing Zone;

                                                          b)    Semi-attached Housing Zone;

                                                          c)    Attached Housing Zone;

                                                          d)    Visitor Mixed Use Zone;

                                                          e)    Neighbourhood Centre Zone;

                                                          f)    Business Centre Zone;

                                                          g)    Shire Business Centre Zone;

                                                          h)    Community Services Zone;

                                                          i)    Industry Zone;

                                                          j)    Open Space Recreation Zone; and

                                                          k)    Open Space Conservation Zone.

                                                  1.9.9   the Tewantin & Doonan Locality, identified on zone map ZM9—

                                                          a)    Detached Housing Zone;

                                                          b)    Semi-attached Housing Zone;

                                                          c)    Attached Housing Zone;

                                                          d)    Neighbourhood Centre Zone;

                                                          e)    Business Centre Zone;

                                                          f)    Community Services Zone;

                                                          g)    Rural Settlement Zone;

                                                          h)    Rural Zone;

                                                          i)    Open Space Recreation Zone; and

                                                          j)    Open Space Conservation Zone.


                                                                                              1-12

Section 13

1.10        Certain zones incorporate precincts




                                                                                                                             The Noosa Plan
                                                                                                                                         Including amendments to 3 July 2017
1.10.1      The Business Centre Zone in the Noosaville Locality incorporates the Mary Street &
            Thomas Street Precinct identified on zone map ZM8.

1.10.2      The Shire Business Centre Zone in the Noosaville Locality incorporates 12 precincts
            identified on Shire Business Centre Map—Map SBC.

1.10.3      The Open Space Conservation Zone in the Noosaville Locality incorporates 7 precincts
            identified on Shire Business Centre Map—Map SBC.

1.11        Planning scheme has four types of overlays
            The planning scheme has four types of overlays depicted on five overlay maps that apply
            to—

1.11.1      biodiversity features as shown on Biodiversity Overlay Maps OM1.1 to OM9.1;

1.11.2      heritage sites and character areas as shown on Heritage Overlay Maps OM1.2 to OM9.2;

1.11.3      natural hazards (landslide and flood) as shown on Natural Hazards Overlay Maps OM1.3
            to OM9.3;

1.11.4      natural hazards (bushfire and acid sulfate soil) as shown on Natural Hazards Overlay
            Maps OM1.4 to OM9.4; and

1.11.5      natural resources4 as shown on Natural Resources Overlay Maps OM1.5 to OM9.5.

1.12        Types and names of codes
            The following are the codes for each locality and type of overlay and development for a
            stated purpose or development of a stated type —

1.12.1      Locality Codes

            a)      Boreen Point, Kin Kin & Cootharaba Locality Code;

            b)      Cooroibah Locality Code;

            c)      Cooroy & Lake Macdonald Locality Code;

            d)      Eastern Beaches Locality Code;

            e)      Mary River Catchment Locality Code;

            f)      Noosa Heads Locality Code;

            g)      Noosa North Shore Locality Code;

            h)      Noosaville Locality Code;

            i)      Tewantin & Doonan Locality Code;




4
 Natural resources include protected agricultural lands; extractive resource areas; water supply catchments; a natural gas
pipeline; and areas for coastal protection.



                                                           1-13

Section 14

                                                  1.12.2   Overlay Codes
            Including amendments to 3 July 2017
The Noosa Plan



                                                           a)     Biodiversity Overlay Code;

                                                           b)     Heritage Overlay Code;

                                                           c)     Natural Hazards Overlay Code;

                                                           d)     Natural Resources Overlay Code;

                                                  1.12.3   Use Codes

                                                           a)     Agricultural Uses Code;

                                                           b)     Business Uses Code;

                                                           c)     Community Uses Code;

                                                           d)     Infrastructure Uses Code;

                                                           e)     Residential Uses Code;

                                                           f)     Detached HouseLow Density Housing Code;

                                                           g)     Community Residence Code;

                                                           h)     Visitor Accommodation Code;

                                                  1.12.4   Works Codes

                                                           a)     Advertising Devices Code;

                                                           b)     Building Removal, Relocation and Demolition Code;

                                                           c)     Building Works Code;

                                                           d)c)   Detached House Driveway Code

                                                           e)d)   Driveways and Carparking Code;

                                                           f)e)   Earthworks Code;

                                                           g)f)   Erosion and Sediment Control Code;

                                                           h)g)   Existing Services Code;

                                                           i)h)   Landscaping Code;

                                                           j)i)   Transport, Roads and Drainage Code;

                                                           k)j)   Waste Management Code;

                                                           l)k)   Water Sensitive Design Code;

                                                           m)l)   Watercourses Works Code

                                                  1.12.5   Other Codes

                                                  Reconfiguring a Lot Code.1.13 - Priority Infrastructure Plan

                                                  1.13.1   The integration of land use planning and infrastructure planning is achieved through the
                                                           priority infrastructure plan.

                                                  1.13.2   The purpose of the priority infrastructure plan is to:



                                                                                                   1-14

Section 15

         a)    integrate and coordinate land use planning and infrastructure planning; and

         b)    ensure that trunk infrastructure is planned and provided in an efficient and orderly




                                                                                                      The Noosa Plan
                                                                                                                  Including amendments to 3 July 2017
               manner.

1.13.3   The priority infrastructure plan applies to a development application made to the Council
         after the commencement of the priority infrastructure plan.




                                               1-15

Section 16

                              PART 2 - INTERPRETATION




                                                                                                                                  Including amendments to 3 July 2017
                                                                                                                      The Noosa Plan
2.1        Definitions

2.1.1      The dictionary at Section 2.11 of this Part defines particular words used throughout the
           planning scheme as follows—

           a)    defined uses and use classes (identified by bold);

           b)    administrative terms (identified by italics).

2.1.2      Where administrative terms have a particular meaning for a specific code, they are
           defined at the commencement of the code (identified by italics).

2.2        Terms defined in the Integrated Planning Act (IPA) or subsequent
           Planning Legislation1
           Terms used in this planning scheme and defined in the IPA or subsequent Queensland
           planning act generally have the same meaning as in the Act.


2.3        Explanatory notes & planning studies assist interpretation of
           planning scheme

2.3.1      The following is declared to be extrinsic material under the Statutory Instruments Act
           1992, Section 15, which assist interpretation of provisions of this planning scheme—

           a)    The following planning studies published by Noosa Council—

                   i      Acid Sulphate Soils in the Noosa River Catchment (1995 & as updated in
                          2002);

                   ii     Budget Visitor Accommodation in Noosa Shire (2002);

                   iii    Coastal Area Traffic & Transport to 2016 (2002);

                   iv     Demographic Influences in Noosa Shire to 2016 (2002);

                   v      Extractive & Clay Mineral Resources of Noosa Shire (1995 & as updated
                          2002);

                   vi     Fauna & Its Associated Biodiversity Values in Noosa Shire (2003);

                   vii    Flooding in the Noosa River Catchment (1995 & as updated 2000 & 2001);

                   viii   Historical Heritage of Noosa Shire (2002);

                   ix     Networks based on Landform, Landscape, Aesthetic and Environmental
                          Values in Noosa Shire (1996);

                   x      Noosa Shire Fauna Study (Edition 2- 2002);

                   xi     Phase 1 Community Consultation on Vision & Issue Identification (2000);

                   xii    Planning for Greenhouse Gas Emission Reduction in Noosa Shire (2002);


1
  The Integrated Planning Act 1997 was repealed in 2009 and replaced by the Sustainable Planning Act 2009 which was
subsequently repealed and replaced with the Planning Act 2016. This Planning Scheme was developed under the
Integrated Planning Act but remains valid under subsequent legislation.



                                                         2-1

Section 17

                                                                     xiii    Population Carrying Capacity in Noosa Shire (2004);
            Including amendments to 3 July 2017




                                                                     xiv     Report on Submissions on Proposals for the Noosa Plan (2002);
The Noosa Plan




                                                                     xv      Residential Aged Care and Retirement Housing in Noosa Shire (2006);

                                                                     xvi     Retail Development in Noosa Shire (2002);

                                                                     xvii    Shire Business Centre Master Plan Stages 1 & 2 (2001 & 2003
                                                                             respectively); and

                                                                     xviii   Vegetation of Noosa Shire (Edition 2- 2003).

                                                  2.3.2      Editor’s notes within The Noosa Plan provide guidance to the reader but are not part of
                                                             the planning scheme.


                                                  2.4        Planning scheme seeks to achieve outcomes
                                                             The planning scheme seeks to achieve outcomes that are identified according to the
                                                             following levels—

                                                  2.4.1      Strategic framework and desired environmental outcomes2;

                                                  2.4.2      overall outcomes for a code;

                                                  2.4.3      specific outcomes for a code; and

                                                  2.4.4      probable solutions for a specific outcome, or acceptable solutions for complying with a
                                                             code.


                                                                               Strategic framework & Desired environmental outcomes

                                                                                                             

                                                                                              Overall outcomes for codes

                                                                                                             

                                                                                              Specific outcomes for codes

                                                                                                             

                                                                               Probable solutions for a specific outcome, or acceptable
                                                                                solutions for complying with an accepted development
                                                                                              subject to requirements code


                                                  2.5        Determining if development is assessable development or accepted
                                                             development under the planning scheme

                                                  2.5.1      Categories of development

                                                             a)      The categories of development under the Planning Act 2016 are:

                                                                     i       accepted development;

                                                  2
                                                    Desired environmental outcomes (DEOs) are referred to in IPA and cover a broad range of community expectations in
                                                  relation to issues such as community needs, economic activity and nature conservation.



                                                                                                            2-2

Section 18

        Editor’s note—A development permit approval is not required for development that is accepted
        development. Under section 44(6)(a) of the Planning Act 2016, if a categorising instrument does not




                                                                                                                              Including amendments to 3 July 2017
        apply a category of development to a particular development, the development is accepted




                                                                                                                  The Noosa Plan
        development. Schedule 7 of the Planning Regulation 2017 also prescribes accepted development.

                       ii    assessable development;

                             a. code assessment

                             b. impact assessment
        Editor’s note—A development approval is required for assessable development. Schedules 9, 10
        and 12 of the Planning Regulation 2017 also prescribe assessable development.


                       iii   prohibited development
        Editor’s note—A development application may not be made for prohibited development. Schedule 10 of
        the Planning Regulation 2017 prescribes prohibited development.

        b)   The planning scheme states the category of development for certain types of
             development, and specifies the category of assessment for assessable development in
             the planning scheme area in:

                  i.         Tables 4.1 to 4.9—Boreen Point, Kin Kin & Cootharaba Locality;

                 ii.         Tables 5.1 to 5.6—Cooroibah Locality;

                iii.         Tables 6.1 to 6.11—Cooroy & Lake Macdonald Locality;

                iv.          Tables 7.1 to 7.10 —Eastern Beaches Locality;

                 v.          Tables 8.1 to 8.10—Mary River Catchment Locality;

                vi.          Tables 9.1 to 9.10—Noosa Heads Locality;

               vii.          Tables 10.1 to 10.7—Noosa North Shore Locality;

               viii.         Tables 11.1 to 11.12—Noosaville Locality;

                ix.          Tables 12.1 to 12.11—Tewantin & Doonan Locality;

                 x.          Table 13.1—Biodiversity Overlay;

                xi.          Tables 13.3 to 13.4—Heritage Overlay; and

               xii.          Tables 13.6 to 13.7—Natural Hazards and Natural Resources Overlays.
        Editor’s note—Section 43 of the Planning Act 2016 identifies that a categorising instrument categorises
        development and specifies categories of assessment and may be a regulation or local categorising
        instrument. A local categorising instrument includes a planning scheme, a TLPI or a variation approval.

2.5.2   Hierarchy of assessment benchmarks

        Where there is inconsistency between provisions in the planning scheme, the following rules
        apply:

        a)     the strategic framework and desired environmental outcomes prevail over all other
               components to the extent of the inconsistency for impact assessment;

        b)     relevant codes as specified in schedules 6 and 10 of the Regulation prevail over all
               other components to the extent of the inconsistency;

        c)     overlays prevail over all other components (other than the matters mentioned in (a)
               and (b) to the extent of the inconsistency;




                                                       2-3

Section 19

                                                          d)        locality codes prevail over use codes, works code and other development codes (other
                                                                    than an overlay code) to the extent of the inconsistency.
            Including amendments to 3 July 2017
The Noosa Plan




                                                  2.6          Tables of assessment
                                                               The Assessment Tables in Parts 4 –13 identify the category of development, and the
                                                               category of assessment and assessment benchmarks for assessable development in the
                                                               planning scheme area.

                                                  2.6.1        Reading the tables

                                                               The tables identify the following:

                                                               a)          the category of development:

                                                                                i. prohibited;

                                                                            ii. accepted, including accepted with requirements; and

                                                                            iii. assessable development, that requires either code or impact assessment;

                                                               b)          the category of assessment- code or impact - for assessable development in:

                                                                                i. a zone and, where used, a precinct of a zone;

                                                                            ii. a locality plan where used and, where used, a precinct of a locality plan;

                                                                            iii. an overlay where used;

                                                               c)          the assessment benchmarks for assessable development, including:

                                                                           i.     if there is a locality plan, whether a locality plan code or specific provisions in
                                                                                  the local plan code apply (shown in the ‘assessment benchmarks’ column);

                                                                       ii.        if there is an overlay:

                                                                                  a.   whether an overlay code applies; or

                                                                                  b.   whether the assessment benchmarks (noted in the assessment
                                                                                       benchmarks’ column) applies;

                                                                       iii. any other applicable code(s) (shown in the ‘assessment benchmarks’ column);

                                                               d)          any variation to the category of assessment (shown as an ‘if’ in the ‘category of
                                                                           assessment’ column) that applies to the development.
                                                               Note—Development will only be taken to be prohibited development under the planning scheme if it
                                                               is identified as prohibited development in schedule 10 of the Regulation.

                                                               Editor’s note—Examples of matters that can vary the category of assessment are gross floor area,
                                                               height, numbers of people or precinct provisions.

                                                  2.6.2        Categories of development and assessment

                                                               The process for determining a category of development and category of assessment is:

                                                               a)          for a material change of use, establish the use by reference to the use definitions in
                                                                           Section 2.11 – Dictionary;

                                                               b)          for all development, identify the following:

                                                                      i.          the zone or zone precinct that applies to the premises, by reference to the
                                                                                   zone map in Parts 4-12 and Schedule 4 Shire Business Centre;



                                                                                                               2-4

Section 20

             ii.        if an overlay applies to the premises, by reference to the overlay maps in Parts
                         4-12;




                                                                                                                       Including amendments to 3 July 2017
                                                                                                           The Noosa Plan
        c)    determine if the development is accepted development under schedules 6 of the
               Regulation;
        Editor’s note- Schedule 6 of the Regulation prescribes development that a planning scheme cannot
        state is assessable development where the matters identified in the schedule are met.

        d)          determine if the development is assessable development under schedule 10 of the
                    Regulation;

        e)          if the development is not listed in the tables under schedule 6 of the Regulation
                    determine the initial category of development and assessment by reference to the
                    tables in:

              i.        Parts 4-12 Categories of development and assessment—Material change of
                        use;

             ii.        Parts 4-12 Categories of development and assessment—Other than a
                        material change of use (reconfiguring a lot, building works and operational
                        works);

        f)          if a precinct of a zone changes the category of development or assessment this will
                    be shown in the ‘category of development and 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 development and assessment Part 13-
                    Overlays to determine if the overlay further changes the category of development
                    or 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 or 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:




                                                       2-5

Section 21

                                                                        i. accepted development subject to requirements prevails over accepted
                                                                           development;
            Including amendments to 3 July 2017
The Noosa Plan



                                                                       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 prescribed under schedule 6 of the Regulation,
                                                                 overrides all other categories of development or assessment for that development
                                                                 under the planning scheme to the extent of any inconsistency.
                                                                 Editor’s note- Schedule 7 of the Regulation also identifies development that the state
                                                                 categorises as accepted development. Some development in the schedule may still be
                                                                 made assessable under the planning scheme.

                                                          h)     Despite all of the above, if development is listed as prohibited development under
                                                                 schedule 10 of the Regulation, 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.




                                                  2.6.4   Determining the requirements for accepted development and assessment
                                                          benchmarks and other matters for assessable development

                                                          a)     Accepted development does not require a development approval and is not subject
                                                                 to assessment benchmarks. Notwithstanding this, certain requirements may apply
                                                                 to some types of development for it to be accepted development. Where
                                                                 nominated in the tables of assessment, accepted development must comply with
                                                                 the requirements identified as acceptable solutions in the relevant parts of the
                                                                 applicable code(s) as identified in the relevant column.

                                                          b)     Accepted development that does not comply with one or more of the nominated
                                                                 acceptable solutions in the relevant parts of the applicable code(s) becomes code
                                                                 assessable development unless otherwise specified.

                                                          c)    The following rules apply in determining assessment benchmarks for each
                                                                category of development and assessment.

                                                          d)    Code assessable development:

                                                                 i.    is to be assessed against all the assessment benchmarks identified in the
                                                                       assessment benchmarks column;

                                                                ii.    that occurs as a result of development becoming code assessable pursuant to
                                                                       sub-section (b) to this subheading 2.6.4 must:

                                                                            a. be assessed against the assessment benchmarks for the
                                                                               development application, limited to the subject matter of the required
                                                                               acceptable solutions that were not complied with or were not capable
                                                                               of being complied with under sub-section (b) to this subheading 2.6.4;

                                                                            b. comply with all required probable solutions identified in sub-section (a)
                                                                               to this subheading 2.6.4 other than those mentioned in sub-section (b)
                                                                               to this subheading 2.6.4;

                                                                iii.   that complies with:

                                                                            a. the overall outcomes of the code complies with the code; and



                                                                                                    2-6

Section 22

                               b. the probable solutions complies with the overall and specific outcomes of
                                   the code;




                                                                                                                          Including amendments to 3 July 2017
                                                                                                              The Noosa Plan
                     iv.      is to be assessed against any assessment benchmarks for the development
                              identified in section 26 of the Planning Regulation 2017.
         Editor’s note—section 27 of the Regulation identifies the matters code assessment must have
         regard to.

        e)    Impact assessable development:

               i.          is to be assessed against the identified assessment benchmarks in the
                           assessment benchmarks column (where relevant);

              ii.      assessment is to have regard to the whole of the planning scheme, to the extent
                       relevant;

              iii.     is to be assessed against any assessment benchmarks for the development
                       identified in section 30 of the Planning Regulation 2017.
         Note—The first row of each table of assessment is to be checked to confirm if there are
         assessment benchmarks that commonly apply to general scenarios in the zone, local plan or
         overlay.

         Editor’s note—Section 31 of the Regulation identifies the matters that impact assessment must
         have regard to.

2.6.5    Despite sections 2.5.1 and 2.6.4, where premises are identified with the Notation “Refer
         to Schedule 6” on a Zoning Map ZM1—ZM9, these premises are specified in Column 1
         and 2 of Table 6-1 of Schedule 6.

2.6.6    A material change of use identified in Column 3 of Table 6-1 of Schedule 6 that complies
         with the conditions of approval and the approved plan of development for that premises is
         accepted development subject to requirements; or

2.6.7    If the approved plan of development contains a supplementary table of development or
         otherwise identifies levels of assessment, a material change of use identified in Column 3
         of Table 6-1 of Schedule 6 has the assessment level nominated by the approved plan of
         development.

2.6.8    A material change of use for a use identified in Column 3 of Table 6-1 of Schedule 6 must
         comply with any applicable codes identified in Column 4 of Table 6-1 of Schedule 6.

2.6.9    Notwithstanding the provisions of this section the Queensland State Planning Policy
         includes as Part E, interim development assessment requirements to ensure that State
         Interests are appropriately considered in development assessment. Interim development
         assessment requirements are contained within the State Planning Policy and address the
         following State Interests:

         a)          Liveable Communities

         b)          Mining and Extractive Resources

         c)          Biodiversity

         d)          Coastal Environment

         e)          Water Quality

         f)          Emissions and Hazardous Activities

         g)          Natural hazards, risk and resilience


                                                         2-7

Section 23

                                                              h)    State Transport Infrastructure
            Including amendments to 3 July 2017




                                                              i)   Strategic Airports and Aviation Facilities.
The Noosa Plan




                                                  2.7         Codes applicable to ongoing use
                                                              A code that is applicable to a material change of use is also applicable to the ongoing use
                                                              that results from that change3.




                                                  3
                                                   Section 2.1.23 (3) of IPA (Local planning instrument have force of law) applies to regulating the use of premises, as well as
                                                  section 4.3.2 of IPA (accepted development subject to requirements must comply with codes) and section 4.3.4 of IPA
                                                  (Compliance with identified code for use of premises) with respect to an offence under the Act.



                                                                                                               2-8

Section 24

2.8           Probable solutions for code assessable development




                                                                                                                                    Including amendments to 3 July 2017
                                                                                                                        The Noosa Plan
2.8.1         A probable solution for a specific outcome provides a guide for achieving that outcome in
              whole or in part, and does not limit the assessment manager’s discretion under the IPA4
              to impose conditions on a development approval.

2.8.2         Probable solutions identified in the Noosa Plan are not exhaustive and alternative
              solutions that achieve the outcomes and purpose of the applicable codes may be
              proposed by applicants.

2.9           Building work regulated under the planning scheme

2.9.1         Section 17(b) of the Planning Regulation 2017 identifies the assessment benchmarks for
              building work that a local planning instrument must not change the effect of to the extent
              the building work is regulated under the building assessment provisions, unless permitted
              under the Building Act 1975.

2.9.2         The building assessment provisions are listed in section 30 of the Building Act 1975.
              Editor’s note—The building assessment provisions are stated in section 30 of the Building Act 1975
              and are assessment benchmarks for the carrying out of building assessment work or building work
              that is accepted development subject to any requirements (see also section 31 of the Building Act
              1975).

2.9.3         This planning scheme, through Part 5, regulates building work in accordance with
              sections 32 and 33 of the Building Act 1975.

              Editor’s note—The Building Act 1975 permits planning schemes to:

                       regulate, for the Building Code of Australia (BCA) or the Queensland Development Code
                        (QDC), matters prescribed under a regulation under the Building Act 1975 (section 32).
                        These include variations to provisions contained in parts MP1.1, MP 1.2 and MP 1.3 of the
                        QDC such as heights of buildings related to obstruction and overshadowing, siting and
                        design of buildings to provide visual privacy and adequate sight lines, on-site parking and
                        outdoor living spaces. It may also regulate other matters, such as designating land liable
                        to flooding, designating land as bushfire prone areas and transport noise corridors

                      deal with an aspect of, or matter related or incidental to building work prescribed under a
                       regulation under section 32 of the Building Act 1975

                      specify alternative boundary clearances and site cover provisions for Class 1 and 10
                       structures under section 33 of the Building Act 1975.

                   Refer to schedule 9 of the Regulation to determine assessable development, the type of
                   assessment and any referrals applying to the building work.

2.9.4         The building assessment provisions are contained in the following parts of this planning
              scheme:

              a)    identification of part of the planning scheme area as a flood hazard area — Natural
                    Hazard: Landslide & Flooding Overlay Maps OM1.3 to OM 9.35;

              b)    designation of part of the planning scheme area as a designated bushfire prone area
                    for the BCA and QDC — Natural Hazard Bushfire & Acid Sulfate Soils Overlay Maps
                    OM1.4 to OM9.4;

4
    IPA, chapter 3 (Integrated Development Assessment System (IDAS), part 5 (Decision stage), division 6 (Conditions)
5
    Information pertaining to minimum habitable floor levels can be provided by Council upon request.



                                                             2-9

Section 25

                                                           c)       alternative provisions to the QDC for boundary clearance (setback) and site cover
                                                                    provisions for a detached house or a class 10 building or structure located on the same
            Including amendments to 3 July 2017




                                                                    lot as a detached house — Detached HouseLow Density Housing Code; and Building
The Noosa Plan




                                                                    Works Code;

                                                           d)c)      provisions about performance criteria 4 and 8 under parts 1.1 and 1.2 of the QDC for a
                                                                    detached house or a class 10 building or structure located on the same lot as a
                                                                    detached house — Detached House Code and Building Works CodeLow Density
                                                                    Housing Code; and

                                                           e)d)        amenity and aesthetics provisions for a detached house or a class 10 building or
                                                                    structure located on the same lot as a detached house — Detached House Code and
                                                                    Building Works Code.Low Density Housing Code.
                                                                    Editor’s note—A decision in relation to building work that is assessable development under the
                                                                    planning scheme should only be issued as a preliminary approval. See section 83(b) of the
                                                                    Building Act 1975.

                                                                    Editor’s note—In a development application, the applicant may request a preliminary approval for
                                                                    building work. The decision on that development application can also be taken to be a referral
                                                                    agency’s response under section 56 of the Act, for building work assessable against the Building
                                                                    Act 1975. The decision notice must state this.


                                                  2.10          Roads, watercourses and reclaimed land

                                                  2.10.1        If a road, watercourse or reclaimed land is not shown as being covered by a zone on the
                                                                zone maps, the following applies—

                                                           a)       if the road, watercourse or reclaimed land is adjoined on both sides by land in the same
                                                                     zone—the road, watercourse or reclaimed land has the same zoning as the adjoining
                                                                     land;

                                                           b)       if the road, watercourse or reclaimed land is adjoined on one side by land in a zone and
                                                                     adjoined on the other side by land in another zone—the road, watercourse or reclaimed
                                                                     land has the same zoning as the adjoining land and the centreline of the road or
                                                                     watercourse is the boundary between the two zones;

                                                           c)       if the road, watercourse or reclaimed land is adjoined on one side only by land in a
                                                                     zone—the entire road, watercourse or reclaimed land has the same zoning as the
                                                                     adjoining zoned land.

                                                  2.10.2        To remove any doubt, it is declared that subsection 2.10.1 also applies to a closed road if
                                                                the road is closed after the commencement of the planning scheme.

                                                  2.11          Dictionary

                                                  Defined Uses and Use Classes
                                                                The use and use class terms employed by this planning scheme have the meanings
                                                                described below.

                                                                This planning scheme employs the nesting of land uses so that—

                                                                      a primary use includes use classes;

                                                                      a use class in turn is defined and includes uses based on performance and potential
                                                                       level of impact;

                                                                      a use in turn is defined; and



                                                                                                            2-10

Section 26

   a diagram for each primary use is included to assist explanation of the nesting
    construction.




                                                                                                  Including amendments to 3 July 2017
                                                                                      The Noosa Plan




                                   2-11

Section 27

                                                  2.11.1        Agricultural Uses & Use Classes
            Including amendments to 3 July 2017
The Noosa Plan




                                                                 PRIMARY USE                               USE CLASS                               USE


                                                                                                                                              Type 1 Traditional
                                                                                                            Cultivation
                                                                                                                                              Type 2 Intensive


                                                                                                                                              Type 1 Traditional

                                                               Agricultural Uses                          Animal husbandry
                                                                                                                                              Type 2 Intensive


                                                                                                                                              Type 1 Native
                                                                                                          Forestry

                                                                                                                                              Type 2 Plantation

                                                                Agricultural Uses means any use or use class described below.
                                                  Cultivation means the growing of any plant for produce for commercial purposes, but does not
                                                  include trees to be harvested for timber or roadside stall. The use includes harvesting and the
                                                  storage and packing of produce and plants grown on the site and the ancillary repair and servicing
                                                  of machinery used on the site. The term includes the following types:
                                                  Type 1 Traditional        The growing of plants or plant material where dependent on the cultivation
                                                                            of soil and at a scale exceeding 20 fruit or nut trees or more than 100m 2 of
                                                                            any other crop.
                                                  Type 2 Intensive          The growing of any plants or plant material on an imported media or
                                                                            requiring multiple applications of fertilisers, pesticides, fungicides or
                                                                            herbicides each season or where artificial lights or containers are used.
                                                                            The use includes greenhouse and shadehouse plant production,
                                                                            hydroponic farms, wholesale plant supply, sugar cane farming, turf
                                                                            farming and mushroom farming. The term does not include Forestry
                                                                            Type 2 Plantation as separately defined.
                                                  Animal husbandry means the keeping, depasturing or, stabling of any animal, including birds,
                                                  fish, crustaceans, insects or reptiles 6. The term includes the following types:
                                                  Type 1 Traditional        The use of premises for dairying, cattle grazing, animal breeding
                                                                            establishments, holding yards, free-range poultry or hatcheries. The term
                                                                            includes nil discharge aquaculture with a combined surface area of all
                                                                            ponds or tanks of 200m 2 or less but does not include uses defined as
                                                                            Animal husbandry Type 2 Intensive. The term includes keeping
                                                                            animals at or above the following rate:

                                                                                          Bee Hives                                                            4
                                                                                          Caged Birds (excluding poultry)                                      19
                                                                                          Cats                                                                 4
                                                                                          Cattle, camels, goats, sheep, and the like                           2
                                                                                          Dogs                                                                 4
                                                                                          Horses                                                               4
                                                                                          Pigs                                                                 2
                                                                                          Poultry (including chickens, ducks, geese,                           10
                                                                                          guineafowl and turkeys but excluding roosters)
                                                                                          Roosters                                                             2



                                                  6
                                                      Notwithstanding this land use definition Council’s Local Laws also apply to the keeping of animals in urban areas.



                                                                                                                2-12

Section 28

Type 2 Intensive            The use of premises for the keeping of animals at a density which
                            ordinarily requires supplementary feeding or containment in feed lots,




                                                                                                                      Including amendments to 3 July 2017
                                                                                                          The Noosa Plan
                            sheds, pens or the like. The use includes the use of premises for
                            aquaculture where the combined surface area of all ponds or tanks
                            exceeds 200m2; pigs (exceeding 20 or at a density of more than 2 per
                            hectare); poultry or egg production (exceeding 1,000 birds or a density of
                            250 birds per hectare), emu or ostrich farming (exceeding 20 birds),
                            boarding kennels, cattery, dog pound.
Forestry means planting trees or managing, felling and removing trees for commercial forestry
production, including in a plantation or native forest. The term includes limited secondary
processing such as portable saw milling and air drying. The term does not include clearing native
vegetation for the initial establishment of a plantation. The term includes the following types:
Type 1 Native               Use of premises for the active sustainable management, silviculture and
                            selective harvesting of native forest, for the primary purpose of producing
                            and extracting wood and non-wood forest products. The term includes
                            the initial processing of trees grown on the premise to produce products
                            such as poles, posts, firewood and saw logs, as well as limited secondary
                            processing such as portable sawmilling and air-drying. The term does not
                            include milling, kiln-drying, chemical treatment or pulp production.
Type 2 Plantation           The use of premises for the establishment, silviculture and harvesting of
                            either native or exotic tree species for the primary purpose of producing
                            and extracting wood and non-wood forest products. The term includes
                            the initial processing of trees grown on the land to produce products such
                            as poles, posts, firewood and saw logs, as well as limited secondary
                            processing such as portable sawmilling and air-drying. The term does not
                            include milling, kiln-drying, chemical treatment or pulp production.




                                                 2-13

Section 29

                                                  2.11.2    Business Uses and Use Classes
            Including amendments to 3 July 2017
The Noosa Plan



                                                             PRIMARY USE                    USE CLASS                      USE
                                                                                                                        Type 1 Office

                                                                                            Commercial
                                                                                            business                    Type 2 Medical


                                                                                                                        Type 3 Veterinary


                                                                                                                        Type 1 Food & beverages
                                                                                            Entertainment and
                                                                                                                        Type 2 Recreation, amusement
                                                                                            dining business
                                                                                                                        & fitness

                                                                                                                        Type 3 Bar


                                                                                                                        Type 1 Limited visibility

                                                                                            Home-based
                                                           Business Uses                                                Type 2 Evident
                                                                                            business

                                                                                                                        Type 3 Significant scale


                                                                                                                        Type 1 Warehouse
                                                                                            Industrial
                                                                                            business                    Type 2 Production, alteration,
                                                                                                                        repackaging & repairing

                                                                                                                        Type 3 Extractive


                                                                                                                        Type 1 Local

                                                                                                                        Type 2 Shop & salon

                                                                                            Retail business             Type 3 Landscape and rural

                                                                                                                        Type 4 Showroom

                                                                                                                        Type 5 Vehicle uses

                                                                                                                        Type 6 Hardware store

                                                                                                                        Type 7 Garden centre

                                                            Business Uses means any use or use class described below.
                                                  Commercial business means the conduct of a business activity, where a service is offered or
                                                  provided and that service is not more clearly defined by other business or community uses. The
                                                  term includes the following types:
                                                  Type 1 Office             The use of premises for a commercial business conducted in an office
                                                                            environment. The use includes a bank, professional office, travel agent,
                                                                            and estate sales office.
                                                  Type 2 Medical            The use of premises for the practice of human medicine and therapies.
                                                                            The use class does not include Wellbeing Type 1 Health uses as
                                                                            separately defined.



                                                                                                 2-14

Section 30

Type 3 Veterinary         The use of premises for the treatment of sick or injured animals. The use
                          may involve the necessary short-term accommodation of animals but




                                                                                                                                            Including amendments to 3 July 2017
                                                                                                                                The Noosa Plan
                          does not include Animal husbandry Type 2 Intensive as separately
                          defined.
Entertainment and dining business means the conduct of a business activity, where
entertainment, amusement, recreation or meals are afforded. The term includes the following
types:
Type 1 Food &             The use of premises involving the sale of food and beverages for
beverages                 consumption on the premises. The use class includes a function room or
                          restaurant or café with dining facilities for 10 or more people.
Type 2 Recreation,        The use of premises involving recreation or amusement activities,
amusement &               including cinema, health & fitness club, gym, sport activity or brothel.
fitness
Type 3 Bar                The use of premises primarily for the serving of liquor for consumption on
                          the premises. The use may include ancillary sale of food for consumption
                          on the premises and may include amplified music, live entertainment and
                          a dance floor. The use includes a hotel, tavern, bar or nightclub but does
                          not include a restaurant.
Home-based business means the conduct of a business from a dwelling unit where residents
operate the business and the use is secondary to the residential use of the premise. The term
includes the following types:
Type 1 Limited            The business is carried out in or below the dwelling unit or any associated
visibility                building;
                          There is limited visible evidence of the business by way of advertising
                          devices, traffic generation and off-street parking provision;
                          The business does not include noise generating activities;
                          Only residents of the dwelling unit operate the business, without
                          employees; and
                          Customers or clients may attend the site.7
Type 2 Evident            The business is carried out in or below the dwelling unit or any associated
                          building;
                          There is visible evidence of the business by way of advertising devices,
                          traffic generation and off-street parking provision;
                          The business does not include noise generating activities;
                          In addition to residents, not more than two employees operate or are
                          engaged in the business;
                          Customers or clients may attend the site; and
                          The use class includes a business similar to Home-based business
                          Type 1 however the scale and potential impact of the business is greater
                          due to the presence of employees.8
Type 3 Significant        The business is carried out either in or below the dwelling unit or any
scale                     associated building or outdoors on the lot on which the dwelling is placed;
                          There is visible evidence of the business by way of advertising devices,
                          traffic generation and off street parking provision; and
                          There may be a significant sales component associated with the business
                          use.
Industrial business means the conduct of an industrial business activity, where goods or products
are produced, manufactured, dismantled, altered, repackaged, repaired or stored at a scale of
greater than that defined by retail business. The use includes the sale of goods, resulting from
such operations, provided that sales space does not exceed 20% of the use area. Any space
dedicated for administration or accounting work in connection with such operations does not
exceed 20% of the use area. The term includes the following types 9:



7
  For example: a business office requiring an advertising device, tutoring business, professional office, low impact (ie. not
emitting odour, noise, etc.) manufacture of goods which are generally not sold from the premises.
8
  For example: a professional office, a health or fitness therapist or a salon but not an industrial operation.
9
  Note that some Industrial Businesses Types 2 and 3 uses are Environmentally Relevant Activities under the Environment
Protection Act 1994.



                                                             2-15

Section 31

                                                  Type 1 Warehouse               The use of premises for the storage of goods, merchandise or materials in
                                                                                 large stocks (whether or not such storage is required for an adjoining shop
            Including amendments to 3 July 2017




                                                                                 or other commercial premises), pending their distribution or wholesale.
The Noosa Plan




                                                                                 The use includes a warehouse or self-storage facility.
                                                  Type 2 Production,             The use of premises for the production, manufacturing, dismantling,
                                                  alteration,                    altering, cleaning, re-packaging, freezing or repairing of goods. The use
                                                  repackaging &                  includes food industries, textiles, mechanical, boat repair, sandblasting.
                                                  repairing
                                                  Type 3 Extractive          Winning from the land (or the bed of a watercourse) gravel, rock, sand,
                                                                             soil, stone, or other similar materials. The use class includes the
                                                                             treatment of those materials to produce a varied product. The term does
                                                                             not include the use of premises for an activity authorised under the
                                                                             Mineral Resources Act 198910.
                                                  Retail business means the conduct of a business activity, where goods or services are displayed
                                                  or offered for sale to the public. The term includes the following types:
                                                  Type 1 Local               Serves a local function selling general merchandise, or sells produce
                                                                             grown on the same lot. The use includes a general store or a roadside
                                                                             stall where the use area exceeds 5m2. The use may include the sale of
                                                                             prepared food and dining facilities for up to 10 people.
                                                  Type 2 Shop & salon The use of premises for an activity that is generally found in a shopping
                                                                             complex, strip or centre. The use includes a shop, hairdressing salon,
                                                                             appliance repairs, alterations, dry cleaning and a café with dining facilities
                                                                             for up to 10 people.
                                                  Type 3 Landscape & The use of premises for the sale of bulk landscaping, garden or rural
                                                  rural                      products. The term includes the sale of soil, soil additives, seeds,
                                                                             fertilisers, potting mix, mulch, gravel, agricultural chemicals, irrigation
                                                                             supplies, feed and other products for animals. The term also includes the
                                                                             cultivation of plants for sale on the site where ancillary to other landscape
                                                                             supplies. The term does not include Retail business Types 1, 2, 4, 5, 6
                                                                             or 7 as separately defined.
                                                  Type 4 Showroom            Premises exceeding 250m 2 gross floor area for the display and sale of
                                                                             goods that are primarily of a bulky nature and of a similar type, including
                                                                             but not limited to boats, electrical goods, bulk stationery supplies, ,
                                                                             furniture, floor coverings, sporting equipment and apparel, motor vehicles,
                                                                             recreational vehicles, motor accessories and the like. The term includes
                                                                             any associated sale of spare parts for such goods. The term does not
                                                                             include a large shop.
                                                  Type 5 Vehicle uses        The use of premises for the retail sale of petrol, diesel or any derivatives
                                                                             products or the use of premises for the hiring of motor cars, trucks,
                                                                             motorcycles, mopeds, boats or other registered vehicles. The term
                                                                             includes a service station and a vehicle hire premises.
                                                  Type 6 Hardware            Premises for the display for sale (including hire) of hardware and trade
                                                  Store                      supplies including household fixtures, timber, tools, paint, wallpaper,
                                                                             plumbing supplies and the like, but the term does not include the sale of
                                                                             kitchen or dining wares, picnic ware, camping goods, garden products,
                                                                             furniture or other household products or home wares
                                                  Type 7 Garden and          The use of premises for the retail sale of landscape and garden products
                                                  Lifestyle Centre           and supplies and products made by local artisans. The term includes the
                                                                             sale of plants, seeds, pots, gardening tools, bagged landscaping products
                                                                             (such as fertilisers, potting mix, mulch and stones) outdoor furniture and
                                                                             lighting, letterboxes, garden ornamentation, art, and literature on
                                                                             gardening. The premises may also be used as the sales office for
                                                                             swimming pools or spas. The use includes an ancillary coffee shop. The
                                                                             term does not include Retail business Types 1, 2, 3, 4, 5 or 6 as
                                                                             separately defined.


                                                  10
                                                    The IPA identifies a material change of use of premises for an activity authorised under the Mineral Resources Act 1989
                                                  as Exempt development that may not be made assessable or self-assessable development.



                                                                                                             2-16

Section 32

2.11.3       Community Uses and Use Classes




                                                                                                                     Including amendments to 3 July 2017
                                                                                                         The Noosa Plan
              PRIMARY USE                     USE CLASS                      USE

                                                                      Type 1 Childcare
                                          Education
                                                                      Type 2 School

                                                                      Type 3 Adult

                                                                      Type 4 Information


                                                                      Type 1 Station
                                          Emergency
                                          service                     Type 2 Shed


         Community Uses                                               Type 1 Sport & recreation
                                          Open space

                                                                      Type 2 Camp ground


                                                                      Type 1 Health


                                           Wellbeing                  Type 2 Social

                                                                      Type 3 Worship

                                                                      Type 4 Funeral

   Community Uses means any use or use class described below.
   Education means any use conducted predominantly for the purpose of education, instruction,
   information sharing and learning. The term includes the following types:
   Type 1 Childcare         The use of premises for the education, recreation, minding or care, of
                            more than four children (not residing at the site) for a fee or reward.
   Type 2 School            The use of premises for the purpose of a state or private, primary or
                            secondary school.
   Type 3 Adult             The use of premises for adult education or vocational training whether
                            operated for profit or not. The use includes a TAFE, university, language
                            school, hospitality training.
   Type 4 Information       The use of premises for the collection and display of information for
                            reference or reflection. The use includes a library, museum, and
                            information centre.
   Emergency service means any use conducted by a state or local authority for the purposes of
   protecting the community and responding to emergency situations. The term includes the following
   types:
   Type 1 Station           The use of premises for the daily work of emergency services. It may
                            include administrative, sleeping, storage, maintenance and training
                            facilities. The use includes a police station, fire station and ambulance
                            station.
   Type 2 Shed              The use of premises for the storage of equipment used by emergency
                            services in the response to emergency situations and includes training for
                            such situations. The use includes a rural fire brigade shed and State
                            Emergency Service shed.



                                                  2-17

Section 33

                                                  Open space means any use of private or public land left predominantly undeveloped by buildings
                                                  or structures. The term includes the following types:
            Including amendments to 3 July 2017




                                                  Type 1 Sport &             The use of premises for sports or active recreation in a formal outdoor
The Noosa Plan




                                                  recreation                 setting, accessible by the public. The use does not include indoor sports
                                                                             or indoor recreation but may include a clubhouse with storage and
                                                                             amenities, provided the use of the clubhouse does not include
                                                                             entertainment or dining uses. The use includes a public swimming pool,
                                                                             sportsground and a tennis court.
                                                  Type 2 Camp ground The use of premises for pitching a tent for the purpose of providing
                                                                             overnight accommodation to the travelling public. It may include toilet and
                                                                             shower facilities for the convenience of visitors. It may include the
                                                                             ancillary use of parking an RV overnight. It does not include cabins or
                                                                             similar structures. The use includes a Self-contained RV Overnight Area.
                                                                             It does not include Visitor Accommodation or Multiple Housing Type 5
                                                                             Relocatable as separately defined.
                                                  Wellbeing means any use of private or public land or building for the provision of community and
                                                  social services and facilities. The term includes the following types:
                                                  Type 1 Health              The use of premises for the care, treatment and necessary short-term
                                                                             accommodation of sick or injured people. The use includes a hospital,
                                                                             institution, but does not include a Commercial business Type 2 Medical
                                                                             or Multiple housing Type 3 Retirement & special needs as separately
                                                                             defined.
                                                  Type 2 Social              The use of premises for the gathering of people for networking, support,
                                                                             common pastimes, exercise, charitable work or companionship. The term
                                                                             does not include a commercial club, indoor entertainment or sports and
                                                                             recreation. While the premises may accommodate the making of items
                                                                             that are later sold it is not a business use nor is it used for profit making
                                                                             enterprises. The use includes arts and craft, community meeting room,
                                                                             CWA.
                                                  Type 3 Worship             The use of premises primarily as a place of public worship or religious
                                                                             instruction, including a church, temple and ancillary educational and social
                                                                             activities.
                                                  Type 4 Funeral             The use of premises for burial or funeral procedures. It includes a funeral
                                                                             parlour, mortuary, crematorium, and cemetery.




                                                                                                    2-18

Section 34

2.11.4   Infrastructure Uses and Use Classes




                                                                                                                    Including amendments to 3 July 2017
                                                                                                        The Noosa Plan
           PRIMARY USE                      USE CLASS                       USE


                                                                         Type 1 Depot
                                            Service and
                                            utility                      Type 2 Installation

                                                                         Type 3 Tower

                                                                         Type 4 Treatment,
          Infrastructure Uses
                                                                         recycling and disposal
          uses

                                                                         Type 1 Passenger terminal

                                                                         Type 2 Carpark

                                                                         Type 3 Depot
                                            Transport
                                                                         Type 4 Aeronautical

         Infrastructure Uses means any use or use class described below.
Service and utility means any premises used for the delivery of a public service not otherwise
defined. The term includes the following types:
Type 1 Depot               The use of premises for a depot or station for conduct of the daily
                           business of a local government, State government, statutory authority or
                           telecommunications company, in supplying a public service or utilities. It
                           may include administration, storage, equipment maintenance and
                           operational facilities. The term does not include Emergency service use.
Type 2 Installation        The use of premises for a structure or installation as part of a network
                           where other administrative functions are not conducted on the same site.
                           The use includes a substation, including any associated communication
                           poles and lightning rods. The term does not include a Type 3 Tower, as
                           separately defined
Type 3 Tower               The use of premises for a tower, antennas or mast and supporting shelter
                           or equipment, in the provision or supply of electricity or
                           telecommunications. The use excludes facilities deemed to be “Low
                           Impact Facilities” under the Telecommunication (Low Impact Facility)
                           Determination Act 1997, and excludes power poles. The use includes a
                           telecommunication tower, wind turbine, high voltage transmission lines
                           (110kv or greater).
Type 4 Treatment,          The use of premises for the treatment of water for municipal supply or the
recycling and              treatment, recycling and disposal of wastewater or solid materials. The
disposal                   use includes a water treatment plant, sewerage treatment plant, recycling
                           station.
Transport means the use of land for transport infrastructure where that infrastructure is not
exclusively ancillary to a separate use. The term includes the following types:
Type 1 Passenger The use of premises, by the travelling public, as an air, rail, water or road
terminal                   transport passenger terminal, station or interchange. The term does not
                           include the storing of vehicles. The use includes a bus station.




                                                2-19

Section 35

                                                  Type 2 Carpark        The use of premises for the parking of motor vehicles where such parking
                                                                        is not ancillary to another use on the same site.
            Including amendments to 3 July 2017




                                                  Type 3 Depot          The use of premises for the storing and routine maintenance of
The Noosa Plan




                                                                        commercial or passenger motor vehicles. The use includes a bus depot.
                                                  Type 4 Aeronautical   The use of premises for the authorised landing and take-off of aircraft
                                                                        including facilities for the housing, servicing and maintenance and repair
                                                                        of aircraft. It does not include a Type 1 Passenger terminal, as
                                                                        separately defined.




                                                                                              2-20

Section 36

2.11.5        Residential Uses and Use classes




                                                                                                                              Including amendments to 3 July 2017
                                                                                                                  The Noosa Plan
                 PRIMARY USE                           USE CLASS                          USE


                                                                                        Detached house


                                                                                        Ancillary dwelling unit

                                                                                        Community Residence


                                                                                        Type 2 Duplex

                                                                                        Type 3 Retirement and
                                                      Multiple housing
                Residential Uses                                                        special needs

                                                                                        Type 4 Conventional

                                                                                        Type 5 Relocatable

                                                                                        Type 1 Home hosted

                                                                                        Type 2 Caravan park
                                                      Visitor
                                                      accommodation                     Type 3 Rural

                                                                                        Type 4 Conventional


              Residential uses means any use or use class described below.
Detached house means the use of premises for a single dwelling unit which comprises the whole
of the building on one lot11. The term includes uses and works incidental to and associated with
the detached house. The term includes the temporary use as a display home or removal home.
The use may include a secondary dwelling not exceeding 65m2 in area. The use is not divided
further.
Ancillary dwelling unit means the use of premises for a caretaker’s residence or employee
residence associated with a non-residential use on the same premises where:
      There is no other dwelling unit on the premises, except where the non-residential use is an
         agricultural use;
      The gross floor area of the dwelling unit does not exceed 150m 2;
      The dwelling unit is subordinate to the non-residential use;
      The dwelling unit is attached to or within 25m of the non-residential use; and
      The dwelling unit is occupied by the owner of the non-residential use or somebody
         employed in the non-residential use.
Community residence means any dwelling used for accommodation for a maximum of six
persons who require assistance or support with daily living needs, share communal spaces and
who may be unrelated. The use may include a resident support worker engaged or employed in
the management of the residence. Example: Hospice.
Multiple housing means the use of premises for two or more dwelling units or accommodation
units as the case may be, occupied by permanent or semi-permanent residents, where the
occupants may share common facilities on the site. The term includes the following types 12:


11
     The IPA defines the term “lot”
12
     Note that Type 1 has been deleted and subsequent types have not been renumbered.



                                                          2-21

Section 37

                                                  Type 2 Duplex             Means the use of premises for two dwelling units either attached or
                                                                            detached, on one lot.
            Including amendments to 3 July 2017




                                                  Type 3 Retirement Means the use of premises for dwelling units or accommodation units that
The Noosa Plan




                                                  and special needs         house persons who are aged, being nursed or are convalescing. In each
                                                                            case, communal facilities may be available to residents for social
                                                                            interaction, recreation and emergency medical attention. The use may
                                                                            also include a caretaker’s residence and medical centre where they are
                                                                            ancillary to the residential care facility. The use includes a retirement
                                                                            village, residential aged care and a group house, however does not
                                                                            include health uses or community residence as separately defined.
                                                  Type 4 Conventional Means the use of premises for dwelling units that do not fall within
                                                                            Multiple housing Types 2, 3, or 5. The use includes units, townhouses,
                                                                            flats, apartments, villas and small dwelling units.
                                                  Type 5 Relocatable        Premises used for relocatable dwellings (whether they are permanently
                                                                            located or not) that provides long-term residential accommodation. The
                                                                            use does not include a Type 2 Caravan park as separately defined.
                                                  Visitor accommodation means accommodation that is designed and used for visitors to the Shire
                                                  and where social, recreational and dining services may be provided for visitors by owners or staff.
                                                  Resident guests stay for a temporary period of time (typically not exceeding 3 consecutive months).
                                                  The term includes the following types:
                                                  Type 1 Home hosted The use of premises for short term accommodation hosted by the resident
                                                                            family within a detached house where there is no more than 6 guests
                                                                            accommodated in no more than three rooms. At least one bedroom
                                                                            within the detached house is excluded from use by guests. Meals may be
                                                                            provided by the hosts, as guest cooking facilities are not available. The
                                                                            use includes bed and breakfast.
                                                  Type 2 Caravan park Premises used to provide for accommodation in RVs, self-contained
                                                                            cabins, tents and similar structures for the public for short-term holiday
                                                                            purposes. The use may include, where ancillary, a manager’s residence
                                                                            and office, a kiosk, amenity buildings or the provision of recreation
                                                                            facilities for the use of occupants of the caravan park and accommodation
                                                                            for staff.
                                                  Type 3 Rural              The use of premises for short-term accommodation where
                                                                            accommodation has direct connection with the rural production,
                                                                            environmental or scenic values of the premises. The use includes a cabin
                                                                            park, guesthouse or retreat located in a rural setting and host farm
                                                                            offering rural experiences.
                                                  Type 4 Conventional Two or more dwelling units or accommodation units, for the purpose of
                                                                            providing short-term visitor accommodation. The use may include
                                                                            common recreation or dining facilities and includes an ancillary dwelling
                                                                            unit for onsite manager. The use includes a guesthouse, visitor hostel,
                                                                            motel, resort and serviced rooms, but does not include Visitor
                                                                            accommodation Type 1 Home hosted or Type 3 Rural as separately
                                                                            defined.




                                                                                                  2-22

Section 38

Administrative Terms




                                                                                                                   Including amendments to 3 July 2017
                                                                                                       The Noosa Plan
accepted development see categories of development (has the same meaning as in the Planning
Act 2016).

access means the practicable means of entry for persons or vehicles—

      from a constructed road to a lot that abuts that road; or

      where provision is made for access by way of an easement, from a constructed road to a lot
      by way of an easement over contiguous land which abuts that road.

access strip means that part of a lot bounded by the frontage of the lot, the side or rear
boundaries of one or more contiguous lot and the remainder of the lot of which it forms part and
which is included in that lot solely for the provision of access. Any river, creek or stream which
does not form part of a lot but which is contiguous with the lot may be the side or rear boundary of
a contiguous lot.

accommodation unit means part of a building to be used as a dwelling place for the exclusive use
of one household containing at least one habitable room but which is not self-contained.

active parkland or active recreation areas mean public open space for sports and active
recreational pursuits and may include within it facilities such as football fields, playground
equipment, skate bowls, bicycle paths and ancillary facilities such as seats, tables, BBQ areas and
toilets.

AEP or annual exceedance probability means the likelihood of occurrence of a flood of a given
size or larger in any one year; usually expressed as a percentage.

agricultural land conservation area or ALCA means land identified as ALCA on Overlay Maps
OM1.5—OM9.5. The term includes good quality agricultural land and other land capable of
supporting agricultural uses.

allotment means a piece of land or space described in a land title.

ancillary means associated with, but incidental and subordinate to.

applicable infrastructure charging instrument means a planning instrument or Council
resolution specifying a charge for the supply of trunk infrastructure.

approved route for electricity transmission operating works includes land affected by –

    a) existing transmission lines and operating works;

    b) proposed operating works the subject of a notice under the Electricity Act 1994, section
       111 B;

    c) community infrastructure – operating works under the Electricity Act 1994, designated
       under the Integrated Planning Act 1997; and

    d) other land (This includes land that has been the subject of a future corridor study and
       determined by Powerlink as appropriate for proposed operating works and may be
       designated for community infrastructure in the future).

assessable development see categories of development (has the same meaning as in the
Planning Act 2016).
ARI or average recurrence interval means the average or expected value of the period between
exceedances of a given rainfall intensity or discharge.



                                                 2-23

Section 39

                                                  balcony means any external platform, attached to and accessed from a building and 1m or more
                                                  above adjacent finished ground level. A balcony is part of a building.
            Including amendments to 3 July 2017
The Noosa Plan




                                                  basement means a space where the ceiling height projects no more than one metre above both
                                                  the natural ground surface and the finished ground level, and where access to the basement is
                                                  limited to one opening a maximum of 6m wide.

                                                  BCA means the Building Code of Australia.

                                                  buffer area means an area of land separating adjacent land uses that is managed for the purpose
                                                  of mitigating impacts of one use on another. A buffer area consists of a separation distance and
                                                  one or more buffer elements. A buffer area does not include areas of existing riparian vegetation,
                                                  wetlands, watercourses or vegetation on land identified on Biodiversity Overlay Maps OM1.1 to 9.1.

                                                  buffer element means a natural or artificial feature within a buffer area that mitigates an adverse
                                                  impact. The term includes open ground, vegetated areas and purpose designed barriers.

                                                  building means a fixed structure that is wholly or partly enclosed by walls and is roofed, and
                                                  includes any part of a building.

                                                  building (or structure) height in metres means the vertical height of a building or structure
                                                  measured from the finished ground level and the natural ground surface to the top of the roof or
                                                  parapet at any point.

                                                  building height in storeys means the number of storeys in a building measured vertically at any
                                                  point, provided that a basement shall not count as a storey.

                                                  bunded area for the purposes of waste management means an area with a raised edge for—

                                                  a)    the containment of liquid prior to drainage; and

                                                  b)    the exclusion of surface stormwater.

                                                  cabin means a free standing building, not exceeding 100m2 in gross floor area and not including a
                                                  laundry, used for overnight or holiday accommodation.

                                                  caretaker’s residence means a dwelling unit situated on the same premises as a business use,
                                                  community use or infrastructure use where it is occupied by the owner or employee of the
                                                  business or operation for reasons of ensuring security and maintenance of the business or
                                                  operation.

                                                  carriageway means the area of pavement between kerbs or pavement area for vehicular traffic
                                                  where no kerbs exist, but does not include footpaths.

                                                  Categories of development means the type of assessment identified for development in
                                                  accordance with the Planning Act 2016 including one or other of the following—
                                                           a)   accepted development

                                                                i.    accepted development

                                                                ii.   accepted development subject to requirements

                                                           b)   assessable development requiring

                                                                i.    code assessment

                                                                ii.   impact assessable

                                                           c)   prohibited development




                                                                                                  2-24

Section 40

                                                                                                                 Including amendments to 3 July 2017
                                                                                                     The Noosa Plan
character area has the meaning given in the Heritage Overlay general provisions (Part 13,
Division 5).

child activity areas means land or buildings associated with the care of, or used by, children for
more than 5 hours per day at least 3 days per week including—

a)    child care facilities providing day care, occasional care, kindergarten and crèche services;

b)    educational establishments providing for preschool and primary school students; and

c)    before/after school care and vacation care for children less than 13 years of age.

code assessment see categories of development (has the same meaning as in the Planning Act
2016)

commercial zone means any of the following zones—Business Centre, Neighbourhood Centre,
Industry, Shire Business Centre and Village Mix

constrained land defined by an overlay map

deck means an external constructed floor which is not higher than 1m above the natural ground
surface.

defined flood event means the event, measured in terms of the likelihood of occurrence, and
associated inundation level adopted by the Council to manage development as identified in Table
13.12 (Flood levels and flood immunity requirements) of the Natural Hazards Overlay Code. The
DFE incorporates an allowance for future climate change over the design life of the development,
through increased rainfall intensities, mean sea level rise and a greater frequency of extreme
weather events.

desired environmental outcome (or DEO) has the same meaning as in the IPA.

development has the same meaning as in the IPA.

display home means a detached house used for displaying a type of construction or design
offered by a builder.

DPI&F means the Queensland Department of Primary Industries and Fisheries.

drainage line means any channel, not being a watercourse, that carries a flow either permanently
or intermittently and includes drainage lines shown on the Biodiversity Overlay Maps OM1.1 to
OM9.1.
dripline means a ring around the tree canopy on the ground level that receives most of the
rainwater shed from the tree canopy.
dwelling unit means a building or part of a building used as a self-contained residence for the
exclusive use of one household. It includes outbuildings and works normally associated with a
dwelling.

ecologically important areas means—

a)    a natural waterway or wetland;

b)    riparian vegetation;

c)    an area of remnant or non-remnant native vegetation identified on Biodiversity Overlay Maps
      OM1.1 to OM1.9; or



                                                2-25

Section 41

                                                  d)    an area which otherwise—
            Including amendments to 3 July 2017




                                                        i      contains or is likely habitat for scheduled species under the Nature Conservation
The Noosa Plan



                                                               (Wildlife) Regulation (Qld) 2006;

                                                        ii     contains or is likely to contain listed threatened species and/or ecological
                                                               communities, protected habitat or listed migratory species as defined by the
                                                               Environmental Protection and Biodiversity Conservation (Cth) Act 1999;

                                                        iii    contains a spring as defined under the Water Act (Qld) 2000;

                                                        iv     contains habitat for flora and/or fauna species of local ecological significance; or

                                                        v      legally secured offset areas.

                                                  ecological sustainability has the same meaning as in the IPA.

                                                  effluent disposal system means effluent treatment system (including but not limited to septic
                                                  tanks, aerobic treatment plants, composting toilets etc) and the waste water disposal system
                                                  (including but not limited to absorption trenches, above and below ground irrigation systems,
                                                  greywater disposal systems etc).

                                                  effluent disposal area means land of sufficient area and in an appropriate location to allow
                                                  disposal of effluent in a manner that minimises risk of harm to people and the environment.

                                                  electricity transmission line easement means an existing easement over land in favour of an
                                                  entity responsible for the carriage or supply of electricity, which is used or intended to be used for
                                                  the transmission of electricity. The term relates to electricity transmission lines of 110kV or greater.

                                                  Engineering Works Codes means the following Codes—

                                                  a)    Driveways and Carparking Code;

                                                  b)    Transport, Roads and Drainage Code;

                                                  c)    Erosion and Sediment Control Code;

                                                  d)    Existing Services Code;

                                                  e)    Earthworks Code;

                                                  f)    Waste Management Code;

                                                  g)    Water Sensitive Design Code; and

                                                  h)    if in a water service area or sewerage service area— Water Supply and Sewerage
                                                        Reticulation Code

                                                  environment has the same meaning as in the IPA.

                                                  environmental harm has the same meaning as in the Environmental Protection Act 1994.

                                                  environmentally sensitive areas means—

                                                  a)    land with steep slopes;

                                                  b)    land mapped on an overlay map;

                                                  c)    watercourses, drainage lines and ridges; and

                                                  d)    native habitat and wildlife corridors.

                                                  environmental nuisance has the same meaning as in the Environmental Protection Act.


                                                                                                    2-26

Section 42

ERA or Environmentally Relevant Activity has the same meaning as in the Environmental
Protection Act 1994.




                                                                                                                   Including amendments to 3 July 2017
                                                                                                       The Noosa Plan
essential community infrastructure means any one or more of the following—

(a)   emergency services infrastructure;
(b)   emergency shelters;
(c)   police facilities;
(d)   hospitals and associated facilities;
(e)   stores of valuable records or heritage items;
(f)   power stations and substations;
(g)   major switch yards;
(h)   communication facilities;
(i)   sewage treatment plants;
(j)   water treatment plants.


estate sales office means any premises, including a caravan or transportable building, used or
intended for use, for the promotion and/or sale of land and/or buildings within an estate, where
such premises are located within the estate which is proposed to be promoted or sold. The term as
defined may not be in use for longer than two years.

exotic weeds means a species of plant occurring in an area outside its historical natural range
and which has a negative impact for the environment or people.

fire access track means an area free of trees and able to be easily accessed by fire fighting
vehicles.

firebreak means an area of land cleared of non-fire retardant vegetation of sufficient width to
minimise the risk of spread of bushfire.

foreshore means the land in the Noosa Shire lying between the high water mark and low water
mark at ordinary spring tides and controlled by the Noosa Shire under the Local Government Act
2009.

frontage means a boundary of an allotment which abuts a road. Where a lot has more than one
frontage, Council may nominate a primary frontage.

general sign has the meaning given in the Advertising Devices Code (Part 14, Division 9).

greywater means the domestic wastes from baths, showers, laundries and kitchens specifically
excluding toilet and urinal waste.

gross floor area (or GFA) means the total floor area of a building measured from the outside of
the external walls, plus for roofed unenclosed areas, any portion of floor area beyond a distance of
3 metres from the external wall. It does not include:

a)    the area of spaces used for the parking or manoeuvring of motor vehicles;
b)    the area of lift shafts;
c)    the area of stairwells on any level other than the ground floor; or
d)    floor areas located in a basement.




                                                 2-27

Section 43

                                                  group house means a residential building with at least 6 bedrooms, designed to accommodate 6
                                                  or more adolescents or adults who are not related by birth where each resident has a private
            Including amendments to 3 July 2017




                                                  bedroom or bed/sitting room but the kitchen, dining and laundry facilities are shared. The use does
The Noosa Plan




                                                  not include community residence as separately defined.

                                                  guesthouse means accommodation for more than 6 guests in a single building which is also the
                                                  home of the host(s). Guests do not have access to their own cooking facilities.

                                                  habitable buildings means any building or structure used as or able to be as a dwelling unit or
                                                  accommodation unit.

                                                  habitable room means any room of a dwelling unit or accommodation unit other than a bathroom,
                                                  laundry, toilet, pantry, walk-in wardrobe, corridor, stair, lobby, photographic darkroom, clothes
                                                  drying room and other space of a specialised nature occupied neither frequently nor for extended
                                                  periods.

                                                  habitat tree means a tree whether living or dead that

                                                  a)     has 1 or more hollows, pipes or splits which are located more than 2m above ground level;
                                                         or

                                                  b)     hosts epiphytes or termite mounds; or

                                                  c)     is a koala habitat tree.

                                                  heritage site has the meaning given in the Heritage Overlay general provisions (Part 13, Division
                                                  5).

                                                  high impact sign has the meaning given in the Advertising Devices Code (Part 14, Division 9).

                                                  house site area means a part of an allotment used as, or intended to be used to accommodate a
                                                  Residential Use, that can be serviced by an adequate access drive and is capable of sustaining a
                                                  range of housing styles and an area for ancillary uses and works including swimming pools,
                                                  play/recreation area, and outbuildings. This definition does not include effluent disposal areas.

                                                  IDAS has the same meaning as in the IPA.

                                                  IPA means the Integrated Planning Act 199713.

                                                  impact assessment see categories of development (has the same meaning as in the Planning Act
                                                  2016).

                                                  inconsistent use means the use is strongly inappropriate in the relevant zones because it is
                                                  incompatible with other uses generally expected in that zone.

                                                  information centre means a building no larger than 100m 2, in which information is provided to the
                                                  general public to enhance their understanding of the natural environment or heritage values
                                                  attached to a locality. It may also include a ranger station but not a travel agent or tour booking
                                                  agency.

                                                  infrastructure has the same meaning as in the SPA.

                                                  infrastructure agreement has the same meaning as in the SPA.

                                                  jetty means jetties, wharves, pontoons, above water boat storage (AWBS) and pneumatic devices.


                                                  13
                                                    The Integrated Planning Act 1997 was repealed in 2009 and replaced by the Sustainable Planning Act 2009 which was
                                                  subsequently repealed and replaced with the Planning Act 2016. This Planning Scheme remains valid under current
                                                  Queensland planning legislation.



                                                                                                          2-28

Section 44

koala habitat trees are trees of the genera Eucalyptus, Corymbia, Angophora or Lophostemon14
and also include koala food trees listed in PSP3 Landscaping Plants and Guidelines.




                                                                                                                                         Including amendments to 3 July 2017
                                                                                                                             The Noosa Plan
landscaped area (including landscaped buffer areas, landscaped building setback and
landscaping) means part of a site comprising predominantly soft landscaping and set aside for the
purposes of enhancing or protecting the amenity of the site. The term includes the areas occupied
by a rainwater tank and bicycle racks, swimming pools or ponds and garden paths, but does not
include impervious surfaces such as driveways, vehicle access lanes, vehicle parking and
manoeuvring areas, waste storage areas, and the like.

local origin means a species occurring in an area which is within its historical natural range.

locality means an identified geographical area depicted on Map NPLM divided into zones.

lot has the same meaning as in the IPA.

low impact sign has the meaning given in the Advertising Devices Code (Part 14, Division 9).

major road network means Beckmans Road, Black Mountain Range Road (part), Black Mountain
Road (part), Bridge Street, Bruce Highway, Bruce Highway south on-ramp, Butler Street (part),
Charles Street (part), Coles Creek Road, Cooroy-Belli Road, Cooroy By-pass north on-ramp,
Cooroy By-pass south off-ramp, Cooroy Connection Road, Cooroy-Noosa Road, Cooroy-Noosa
Road (Jack Hassett Dr), Cootharaba Road (part), Cooyar Street, Cudgerie Drive, Cullinane Street,
David Low Way, Diamond Street (part), Doonella Street (part), Dr Pages Road, Edwards Street,
Eenie Creek Road and any extension to David Low Way, Elm Street, Emu Mountain Road,
Eumundi-Noosa Road, Factory Street, George Street, Gibson Road, Greenridge-Pinbarren Road,
Gympie-Kin Kin Road, Heathland Drive, Hill Street, Hilton Terrace, Junction Road, King Street,
Kinmond Creek Road (part), Laguna Street, Lake Flat Road, Lake Macdonald Drive, Langura
Street, Leslie Drive, Louis Bazzo Drive, Main Street, Maple Street, Mary River Road, Mary Street
(part), McKinnon Drive, Memorial Avenue (part), Moorindil Street, Myall Street, Neusa Vale Road,
Noosa Drive, Noosa Parade, Poinciana Avenue (part), Pomona Connection Road, Pomona-Kin Kin
Road, Pound Road, Prince Street, Queen Street, Railway Crsg, Reef Street, Reserve Street,
Sidoni Street (part), Sister Tree Creek Road, Summit Road, Sunrise Road, Sunshine Beach Road,
Tewantin Road, Traveston-Cooran Road, Walter Hay Drive, Werin Street, Weyba Road, Yurol
Forest Drive.

marine facility purpose means a commercial facility relating directly to boating.

material change of use has the same meaning as in the IPA.

medium impact sign has the meaning given in the Advertising Devices Code (Part 14, Division 9).

motel means the use of premises for providing overnight, short-stay or holiday accommodation for
travellers in accommodation units, as well as parking spaces for their motor vehicles and on-site
reception/bookings office facilities. The term includes ancillary administration, restaurant, and
conference facilities, and manager or caretaker's residence.

native vegetation means vegetation of local origin occurring within its natural range.
natural ground surface or natural ground level for an allotment means:
a)     the ground level of the allotment on the day the first plan of survey showing the allotment
       was registered; or


14
  Schedule 7 Koala Habitat Areas is used for assessing development in koala habitat areas against the Biodiversity Overlay
Code provisions and the koala conservation criteria contained in the Nature Conservation (Koala) Conservation Plan 2006
and Management Program 2006-2016 and the Koala Sensitive Design Guidelines 2012. Koala habitat trees are not
confined to the areas mapped in Schedule 7, but also occur throughout other parts of Noosa Shire. The South East
Queensland Koala Conservation State Planning Regulatory Provisions (SPRP) koala habitat values maps show koala
habitat within assessable development areas defined under the SPRP.



                                                          2-29

Section 45

                                                  b)    if the ground level on the day mentioned in paragraph (a) is not known, the natural ground
                                                        surface as determined by a cadastral surveyor.
            Including amendments to 3 July 2017
The Noosa Plan



                                                  open construction, in relation to fences, means not less than 50% of the width of the lot has either
                                                  no fencing, or fencing that can be seen through. (See Figure 2.1).

                                                  Figure 2.1—Open construction of fences and examples




                                                  outdoor dining area means an outdoor area, associated with an Entertainment or dining
                                                  business or a Retail business Type 1 or Type 2, for the use of patrons. The term includes roofed
                                                  or unroofed areas. The term includes dining areas located in the road reserve.

                                                  operational work has the same meaning as in the IPA.

                                                  overlay—

                                                  a)    means a layer over the zones and localities based on special physical attributes of an
                                                        identified area, place or site; and

                                                  b)    assessment categories are identified, in Part 13, for development affected by an overlay.




                                                                                                  2-30

Section 46

passive parkland means public open space that is left predominantly in its natural state protecting
the native flora and fauna. This type of parkland may—




                                                                                                                                         Including amendments to 3 July 2017
                                                                                                                             The Noosa Plan
a)     provide some passive recreational opportunities such as walking tracks and BBQ facilities;

b)     form a landscaped buffer area between a residential development and incompatible
       adjoining land uses such as roads and industrial areas; and

c)     be, or form part of, a wildlife and/or riparian corridor.

person has the same meaning as in the IPA.

priority infrastructure plan means the Priority Infrastructure Plan contained in Part 15 of the
Planning Scheme.

plot ratio means the gross floor area divided by the area of the site.

population density means the hypothetical population of a site used for residential uses which is
calculated in terms of—

a)     a number of persons per hectare; or

b)     a number of persons,

and is based upon the rates of occupancy contained in Table 6.1, provided that if in the opinion of
Council any room is capable of being utilised as a bedroom, the Council may determine that the
room shall be calculated as a bedroom for the purposes of determining population density 15.
Table 6.1 RATES OF OCCUPANCY FOR POPULATION DENSITY
Nature of accommodation                                                                    Rate of occupancy
Accommodation unit containing 1 bedroom                                                    1.4 persons
Dwelling unit containing 1 bedroom                                                         1.7 persons
Dwelling unit or accommodation unit containing 2 bedrooms                                  2.4 persons
Dwelling unit or accommodation unit containing 3 or more bedrooms                          3.3 persons
Unit within Retirement & Special Needs Housing                                             1.5 persons
hostel or dormitory beds, where double beds are classified as 2 beds
a) for the purpose of providing for visitor accommodation only                             0.6 persons per bed
b) for purposes not described above                                                        1 person per bed

precinct means an identified area within a zone with special attributes to which certain zone
provisions apply.
predominant slope is the slope of a house site area, building footprint or use area measured
perpendicular to the contours of the area and calculated as follows:

       Predominant slope (%) = (x  y) x 100

       where:

       ‘x’ is the vertical distance in metres between the highest point and the lowest point of the
       area; and

       ‘y’ is the horizontal distance in metres measured in a straight line between the highest point
       and the lowest point of the area.


15
   For example a study or media room which could function as a bedroom, either as proposed or with the addition of a door,
is likely to be calculated as a bedroom.



                                                           2-31

Section 47

                                                        Where the area has more than one predominant slope, eg. a knoll or a gully, the average of
                                                        the predominant slopes shall apply.
            Including amendments to 3 July 2017
The Noosa Plan




                                                  premises has the same meaning as in the IPA

                                                  private open space means outdoor areas of the premises set aside for the exclusive use of
                                                  occupants of the dwelling unit or accommodation unit that are accessed directly from living areas.
                                                  The term includes courtyards, decks, terraces, balconies, verandahs and roof terraces and hard
                                                  and soft landscaping.

                                                  probable maximum flood means the largest flood that could reasonably occur at a particular
                                                  location, resulting from the probable maximum precipitation. The PMF defines the extent of flood-
                                                  prone land. Generally, it is not physically or financially possible to provide general protection
                                                  against this event.

                                                  probable solution means precise criteria or standards that provide a guide for achieving a specific
                                                  outcome in whole or in part, but do not necessarily establish compliance with a code.

                                                  professional office means office premises used for the provision of professional services or the
                                                  giving of professional advice generally by appointment rather than relying on a high volume of
                                                  walk-in clients.

                                                  PSP means planning scheme policy.

                                                  public open space means outdoor areas of land under the ownership of the Federal, State or
                                                  Local Government, to which the public may or may not have access. The term includes lands
                                                  reserved for parks or beach protection purposes but does not include land used for Business uses
                                                  or Infrastructure uses.

                                                  QDC means the Queensland Development Code under the Building Act 1975.

                                                  rear lot means a lot where access is provided only by means of—

                                                  a)    an access strip which forms part of the lot; or

                                                  b)    an easement over contiguous land.

                                                  reconfiguring a lot has the same meaning as in the IPA.

                                                  recruitment habitat tree means a tree selected for its potential to become a habitat tree and
                                                  exhibiting two or more of the following characteristics—

                                                  a)    large dominant or co-dominant characteristics; or

                                                  b)    damaged, branchy, open crowned or with multiple leaders; or

                                                  c)    containing hollows, pipes or splits; or

                                                  d)    known to develop hollows early and to live a relatively long time (ie. Eucalyptus, Corymbia
                                                        and Angophora species); or

                                                  e)    hosting epiphytes or termite mounds.

                                                  recyclable waste means clean and inoffensive waste of a recyclable nature.




                                                                                                   2-32

Section 48

removal building or removal home means any building that has been previously established on
any site and which has been relocated to a site in Noosa Shire (including from elsewhere on the




                                                                                                                  Including amendments to 3 July 2017
                                                                                                      The Noosa Plan
same site). It does not include new transportable buildings as separately defined.

residential aged care means premises housing elderly persons under the supervision of nursing
care. Residents are accommodated in bedrooms or bed-sit units but not dwelling units

residential development means both urban settlement and rural settlement.

residential zone means any of the following zones – Detached Housing, Semi-attached Housing,
Attached Housing, Visitor Mixed Use and Rural Settlement zone.

retirement village means premises where older members of the community or retired persons
reside, or are to reside, in independent living units or serviced units, under a retirement village
scheme.
riparian vegetation includes—
a)     vegetation along the foreshore;

b)     vegetation in a permanent freshwater watercourse or existing within 50m from the top of the
       bank of a permanent freshwater watercourse

c)     vegetation in a permanent tidal watercourse or within 250m from the top of the bank of a
       permanent tidal watercourse;

d)     vegetation in Lake Macdonald or within 400m of the full level of ponded water within Lake
       Macdonald; or

e)    vegetation in a riparian zone.

riparian zone means land which adjoins, directly influences, or is influenced by a body of water..
risk management means a process consisting of well-defined steps which, when taken in
sequence, support better decision making by contributing to a greater insight into risks and their
impacts.

road means the total width of road reserve from lot boundary to lot boundary.

roadside stall means the use of premises exceeding 5m 2 but no more than 25m 2 for the display
and sale of goods in rural areas.

rural settlement means residential development on a lot greater than 2,000m 2, regardless of
whether the land is also used for hobby farming.

RV (Recreational Vehicle) means a motorized or towable vehicle that combines transportation
and temporary living quarters for travel, recreation and accommodation. The term includes
caravans, campervans, motorhomes, camper trailers, truck mounted camper. The term does not
include a cabin or transportable building as separately defined.

secondary dwelling means a dwelling used in conjunction with, and subordinate to, a detached
house on the same lot. A secondary dwelling may be constructed under a detached house, be
attached to a detached house or be free standing. For clarity a detached house could not include
more than one secondary dwelling.

sediment barrier means
     a) purpose designed geotextile sediment fabric (i.e. not shadecloth) attached to posts with
         the geotextile buried in an upstream trench; or
     b) turf of a minimum 600mm width immediately within the property boundary.



                                                 2-33

Section 49

            Including amendments to 3 July 2017




                                                  self-contained means containing at least a bathroom, toilet, kitchen and one habitable room.
The Noosa Plan




                                                  self-contained RV overnight area means premises used for the parking of self-contained RVs, for
                                                  a maximum of 4 consecutive nights, where no water is provided and no liquid or solid waste is left
                                                  or disposed of on site. Self-contained RVs are those that can hold fresh water, greywater and/or
                                                  blackwater and have on board cooking and sleeping facilities.

                                                  service area has the same meaning as in the Water Act 2000.
                                                  services - includes sewerage systems, water supply networks, gas mains and infrastructure,
                                                  power, telecommunications infrastructure, stormwater drainage systems and stormwater overland
                                                  flowpaths.
                                                  setback means the minimum distance from any lot boundary to a building or structure, excluding
                                                  eaves, roof overhangs and awnings provided they encroach no more than 600mm into the setback
                                                  distance.

                                                  site means any land on which development is carried out or is proposed to be carried out
                                                  (including the whole or part of one lot or more than one lot where each of those lots is contiguous
                                                  with the other or another).
                                                  site cover means the proportion of a site covered by all buildings and structures shown as a
                                                  percentage. For enclosed spaces this includes the area within the outside wall and for unenclosed
                                                  spaces this includes the area measured along a line 600mm in from the perimeter of the roof. Site
                                                  cover includes garages and other roofed outbuildings, but does not include landscape structures
                                                  such as in-ground pools and decks.

                                                  site facilities include loading docks, external storage areas, waste storage areas, clothes drying
                                                  areas, letter boxes within multiple housing or visitor accommodation, and mechanical plant and
                                                  equipment.

                                                  slope means—
                                                  a)    for the purpose of reconfiguring a lot—
                                                        i.    where a proposed lot is contained wholly within a single slope category shown on a
                                                              slope analysis, the slope of that category; or
                                                        ii.   where a proposed lot is contained within more than one slope category shown on a
                                                              slope analysis, the predominant slope of the house site area or use area, as follows—
                                                              A.     where the house site area or use area is contained within one slope category
                                                                     shown on a slope analysis, the slope of that category; or
                                                              B.     where the house site area or use area is contained within more than one slope
                                                                     category shown on a slope analysis, the slope is the average of all predominant
                                                                     slopes of the house site area or use area.

                                                  b)    For the purposes of building works or material change of use, the slope of the building
                                                        footprint or use area is that determined as follows—
                                                        i.    where the building footprint or use area has one predominant slope, that slope;
                                                        ii.   where the building footprint or use area has more than one predominant slope, the
                                                              average of all predominant slopes, provided that—
                                                              A.     the slope shall be determined to the nearest whole number; and
                                                              B.     where there is any question about the determination of slope, the slope shall be
                                                                     as determined by the Assessment Manager.




                                                                                                  2-34

Section 50

slope analysis16 means, for the purpose of reconfiguring a lot, a diagram prepared by a cadastral
surveyor indicating the slope of the site based on one metre contour intervals using the following




                                                                                                                                            Including amendments to 3 July 2017
                                                                                                                                The Noosa Plan
slope categories—

         0-10% slope
         >10-15% slope
         >15-20% slope
         >20-25% slope
         >25-33% slope, etc
sloping sites means sites or parts of sites that exceed a gradient of 1 in 5 or 20% and includes
steep slopes.

small dwelling unit means a dwelling unit containing no more than 2 bedrooms, no study, media
room or other rooms capable of being used as a bedroom, and has no more than 90m 2 of gross
floor area.

soft landscaping means trees, shrubs, grass, garden beds and impervious surfaces that occur
naturally such as rock outcrops. Soft landscaping is not located on top of a constructed slab or
other structure and is capable of supporting the establishment and growth of canopy trees as well
as other species. The term does not include swimming pools or impervious surfaces such as
driveways, vehicular access lanes, vehicle parking and manoeuvring areas, pathways, stormwater
structures, tennis courts, decks, balconies, roof terraces and the like. It also does not include
areas over which balconies cantilever unless there is a vertical height of 4 metres between the
ground and the structure to allow for significant planting.

steep slopes means sites or parts of sites that exceed a gradient of 1 in 4 or 25%.

storey means that space within a building which is situated between one floor level and the floor
level next above, or if there is no floor above, the ceiling or roof above and includes a space for the
accommodation of vehicles. Any such space that exceeds a vertical dimension of 5m comprises
more than 1 storey.17

structure means any building, wall, fence or other structure or anything fixed to or projecting from
any building, wall, fence or other structure. The term includes any part of any structure.

towns means urban settlements with business uses serving more than local needs. These
include Cooroy, Noosa Heads, Noosaville, Peregian Beach, Pomona, Sunshine Beach and
Tewantin.

transportable building means a building which is not capable of being registered under the
Transport Operations (Road Use Management) Act 1995, and comprises one or more major
sections that are constructed and assembled away from its located site. It includes any associated
structures such as awnings that form part of the building. The term includes a transportable
dwelling or a transportable office.

undesirable plant species means plants identified in Table 9.1 of PSP3—Landscaping Plants and
Guidelines.

urban growth boundary means the extent of land suitable for urban development including
residential, industrial, retail, commercial and community activities. It includes established towns
and villages and any land suitable for urban growth.

urban settlement means towns or villages supporting residential development on lots that are
predominantly of an urban scale.


16
   A slope analysis is to be prepared with any application for reconfiguring a lot and be able to be overlayed on the plan of
subdivision.
17
   The definition of ‘Building Height in Storeys’ may provide further clarification.



                                                             2-35

Section 51

                                                  use in relation to a use class, means a use for a purpose that is within that use class. The use
                                                  may include multiple uses.
            Including amendments to 3 July 2017
The Noosa Plan




                                                  use area means the sum of the area of the premises (exclusive of all walls and columns), including
                                                  all storeys, used or intended for use for a particular purpose. The term excludes—

                                                  a)    the areas (inclusive of all walls and columns) of any lift rooms, motor rooms, air conditioning
                                                        or other mechanical or electrical plant or equipment rooms located at any topmost storey;

                                                  b)    The areas of any staircases or liftwells;

                                                  c)    The areas of any common foyer or arcade;

                                                  d)    The areas of any public toilets; and

                                                  e)    The areas used for the access, parking and associated manoeuvring of motor vehicles.

                                                  use class means a group of uses having different purposes but broad characteristics in common.

                                                  vegetation means a tree, plant or organism of vegetable origin (whether living or dead) but does
                                                  not include a plant declared as a pest under the Land Protection (Pest and Stock Route
                                                  Management) Act 2002 or an exotic weed or undesirable plant species, or plant species identified
                                                  in a pest management plan adopted by Noosa Shire Council or the Sunshine Coast Regional
                                                  Council.

                                                  villages means urban settlements with distinguishable boundaries but with limited or no business
                                                  or community uses. These include Castaways Beach, Cooran, Cooroibah, Kin Kin, Boreen Point,
                                                  Marcus Beach, Sunrise Beach and Teewah.

                                                  visitor hostel means a budget visitor accommodation building(s) which accommodate 6 or more
                                                  unrelated persons with shared facilities including kitchen and laundry facilities. Sanitary and
                                                  bathroom facilities as well as bedrooms may also be shared.

                                                  wall height means the distance measured from natural ground surface to the underside of the
                                                  building eaves.

                                                  wall length means the length of any external wall in one plane, provided that—

                                                  a)    walls that are offset by less than 600mm are measured as one wall; and

                                                  b)    walls that are on the same alignment and are separated by less than 25m are measured as
                                                        one wall.

                                                  waste means any discharged, rejected, unwanted, surplus or abandoned material whether solid,
                                                  liquid or gas. The term does not include regulated waste as defined in the Environmental Protection
                                                  (Waste Management) Regulation 2000.

                                                  waste storage area means a designated area for the holding of waste storage bins and use for the
                                                  storage of waste.

                                                  watercourse has the same meaning as in the Water Act 2000.

                                                  waterway means a river, stream, creek, wetland, estuary, lake, lagoon and coastal waters.

                                                  wetland means natural or artificial areas of permanent or periodic inundation (whether natural or
                                                  artificial) with water that is static or flowing, fresh, brackish or salt. The term includes areas of
                                                  marine water not exceeding 6m depth at low tide.




                                                                                                    2-36

Section 52

zone —




                                                                                                                       Including amendments to 3 July 2017
                                                                                                           The Noosa Plan
a)    means an identified geographical area within a locality in which particular land uses are
      allocated;

b)    assessment categories are identified for development according to the zone in which the
      development is proposed to occur; and

c)    a zone may include a precinct.

zone of influence means the horizontal area on both sides of the centreline of infrastructure,
including water mains, sewer lines and stormwater lines, that is within a 45 o angle of the invert level
of the infrastructure and the natural ground surface. An example is shown in Figure 2.2.

Figure 2.2—Zone of Influence

                                                 Clear           of
                                                 outermost
                                                 projection

                                      Zone of influence
                                             w




                                       45o
                               d

                                                                w = 2d


                                                          Infrastructure




                                                  2-37

Section 53

                                                                                                                          Including amendments 3 July 2017
                                                                                                              The Noosa Plan
        PART 4 - BOREEN POINT, KIN KIN & COOTHARABA
                      LOCALITY PLAN
    Division 1—Contents of the Boreen Point, Kin Kin & Cootharaba
                            Locality Plan

4.1           Outline of Boreen Point, Kin Kin & Cootharaba Locality Plan
              The following components comprise the Boreen Point, Kin Kin & Cootharaba Locality
              Plan—

4.1.1         Locality maps comprising of1—

              a)    Boreen Point, Kin Kin & Cootharaba Zones (Map ZM1);

              b)    Boreen Point, Kin Kin & Cootharaba Biodiversity Overlay (Map OM1.1);

              c)    Boreen Point, Kin Kin & Cootharaba Heritage Overlay (Map OM1.2);

              d)    Boreen Point, Kin Kin & Cootharaba Natural Hazard Overlay - Landslide and
                    Flooding (Map OM 1.3);

              e)    Boreen Point, Kin Kin & Cootharaba Natural Hazard Overlay - Bushfire and Acid
                    Sulfate Soils (Map OM1.4); and

              f)    Boreen Point, Kin Kin & Cootharaba Natural Resources Overlay (Map OM1.5);

4.1.2         General provisions for the assessment tables (Division 2);

4.1.3         Assessment tables for material change of use in each zone in the locality as follows—

              a)    Detached Housing Zone (Division 3);

              b)    Village Mix Zone (Division 4);

              c)    Community Services Zone (Division 5);

              d)    Industry Zone (Division 6);

              e)    Rural Settlement Zone (Division 7);

              f)    Rural Zone (Division 8);

              g)    Open Space Recreation Zone (Division 9); and

              h)    Open Space Conservation Zone (Division 10);




1
    The relevant overlay codes relating to the overlay maps are located in Part 13 of this planning scheme.



                                                               4-1

Section 54

                                               4.1.4   Assessment table for the locality—Development other than material change of use
                                                       (Division 11);
            Including amendments 3 July 2017
The Noosa Plan




                                               4.1.5   The Boreen Point, Kin Kin & Cootharaba Locality Code comprising—

                                                       a)    General provisions for the Boreen Point, Kin Kin & Cootharaba Locality Code
                                                             (Division 12);

                                                       b)    Overall outcomes for the Boreen Point, Kin Kin & Cootharaba Locality (Division 13);

                                                       c)    Specific outcomes for the Boreen Point, Kin Kin & Cootharaba Locality (Division 14);
                                                             and

                                                       d)    Specific outcomes for each zone in the locality including—

                                                               i         Detached Housing Zone (Division 15);

                                                              ii         Village Mix Zone (Division 16);

                                                             iii         Community Services Zone (Division 17);

                                                             iv          Industry Zone (Division 18);

                                                              v          Rural Settlement Zone (Division 19);

                                                             vi          Rural Zone (Division 20);

                                                            vii          Open Space Recreation Zone (Division 21); and

                                                            viii         Open Space Conservation Zone (Division 22).


                                               Division 2—General provisions for assessment tables

                                               4.2     Categories of development and assessment
                                                       The categories of development and assessment for each type of development are
                                                       identified in column 2 of tables 4.1 to 4.9. The types of development are as follows—

                                               4.2.1   Tables 4.1 to 4.8— making a material change of use for a defined use, another use in a
                                                       defined use class, or an undefined use, listed in column 1; or

                                               4.2.2   Table 4.9— development other than material change of use, listed in column 1 and
                                                       including—

                                                       a)          Carrying out building work not associated with a material change of use;

                                                       b)          Carrying out building work if demolition, relocation or removal of a building and not
                                                                   associated with a material change of use;

                                                       c)          Placing an advertising device on premises;

                                                       d)          Reconfiguring a lot;

                                                       e)          Carrying out operational work associated with a material change of use where a
                                                                   Development Permit for material change of use has been issued;

                                                       f)          Carrying out operational work associated with reconfiguring a lot where a
                                                                   Development Permit for reconfiguring a lot has been issued;

                                                       g)          Carrying out operational work for the construction of a driveway for a Detached
                                                                   House;



                                                                                                     4-2

Section 55

           h)      Carrying out operational works for prescribed tidal works;

           i)      Excavating or filling of land not associated with a material change of use; and




                                                                                                                                       Including amendments 3 July 2017
                                                                                                                           The Noosa Plan
           j)      Other.

4.3        Assessment benchmarks for assessable development and
           requirements for accepted development

4.3.1      The relevant assessment benchmarks for development are referred to in column 3 of
           Tables 4.1 to 4.9.

4.3.2      For accepted development subject to requirements and development requiring code
           assessment, the assessment benchmarks and requirements for accepted development
           are the applicable codes2.

4.3.3      For impact assessment development, the development is assessed against the whole
           planning scheme.

4.4        Consistent and inconsistent uses in zones

4.4.1      In accordance with the following sections identified for the respective zones, a defined
           use or use class is noted in column 1 of the assessment table for making a material
           change of use for the relevant zone as either a consistent use or as an inconsistent use
           in that zone—

           a)      Division 15 — Detached Housing Zone (Sections 4.11 and 4.12);

           b)      Division 16 — Village Mix Zone (Sections 4.14 and 4.15);

           c)      Division 17 — Community Services Zone (Sections 4.18 and 4.19);

           d)      Division 18 — Industry Zone (Sections 4.22 and 4.23);

           e)      Division 19 — Rural Settlement Zone (Sections 4.26 and 4.27);

           f)      Division 20 — Rural Zone (Sections 4.29 and 4.30);

           g)      Division 21 — Open Space Recreation Zone (Sections 4.33 and 4.34); and

           h)      Division 22 — Open Space Conservation Zone (Sections 4.37 and 4.38).



    Division 3—Assessment table for the Detached Housing Zone3
Table 4.1
    CATEGORIES OF DEVELOPMENT AND ASSESSMENT FOR THE DETACHED HOUSING
                   ZONE - MAKING A MATERIAL CHANGE OF USE4




2
  Assessment benchmarks will include matters prescribed by Sections 3.5.4 (Code Assessment) and 3.5.5 (Impact
Assessment) of the IPA in addition to the provisions of this planning scheme.
3
  Categories of development and assessment may also be affected by overlays. See overlay maps (OM1.1- OM1.5) and
   the provisions of Part 13 to determine whether the land is affected. Also see Part 2 Section 2.6.4 explaining how the
   higher assessment category prevails.
4
  For development other than material change of use refer to assessment table 4.9 (Division 11)



                                                            4-3

Section 56

                                                       Column 1                             Column 2                                      Column 3
                                                   Defined use or use               Categories of development                    Assessment benchmarks for
                                                         class5                         and assessment6                          assessable development and
            Including amendments 3 July 2017
The Noosa Plan




                                                                                                                                  requirements for accepted
                                                                                                                                        development7
                                               AGRICULTURAL USES—
                                               Consistent use       Impact assessment
                                               No Agricultural Uses All Agricultural Uses

                                               Inconsistent use
                                               All Agricultural Uses
                                               BUSINESS USES—
                                               Consistent use                   Accepted development subject to               If accepted development subject to
                                               Commercial business              requirements if                               requirements and—
                                               Type 1 Office if an              a) Commercial business Type                   a) an estate sales office Column 2
                                               estate sales office                  1 if an estate sales office                   of Table 14.7 of the Business
                                               or                               b) Home-based business                            Uses Code,
                                               Home based business                  Type 1                                    b) Home-based businessColumn
                                               Type 1 Limited                                                                     2 of Table 14.11, Acceptable
                                               Visibility or Type 2             Code assessment if—                               Solutions S38.1 to S43.1 of the
                                               Evident                          a) Commercial business                            Business Uses Code; and
                                                                                    Type 1 if an estate sales                 c) if involving building work–
                                               Inconsistent uses                    office and not complying                      Column 2 of Table 14-44-14.45
                                               Those Business Uses                  with column 2 of Table 14.7                   of the Building Works CodeLow
                                               listed in Section 4.123              of the Business Uses Code                     Density Housing Code
                                                                                b) Home-based business
                                                                                    Type 1 and not complying                  If code assessment —
                                                                                    with column 2 of Table 14.11              a) Business Uses Code; and
                                                                                    of the Business Uses Code;                b) if involving building work–
                                                                                    or                                            Column 2 of Table 14-44-14.45
                                                                                c)  Home-based business                           of the Building Works Code
                                                                                    Type 2
                                                                                                                                 i. Boreen Point, Kin Kin and                Formatted: Indent: Left: 0.56 cm, First line: 0 cm,
                                                                                Impact assessment if—                               Cootharaba Locality Code; and            Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at:
                                                                                a) Commercial business if not                     ii.Engineering Works Codes; or             1 + Alignment: Right + Aligned at: 0.69 cm + Indent at: 1.33
                                                                                                                                                                             cm
                                                                                   otherwise Accepted                            iii.if for a Home-based
                                                                                   development subject to                                  business- Low Density             Formatted: Numbered + Level: 1 + Numbering Style: i, ii, iii,
                                                                                   requirements or Code                                    Housing Code                      … + Start at: 1 + Alignment: Right + Aligned at: 0.69 cm +
                                                                                                                                                                             Indent at: 1.33 cm
                                                                                   assessment ; or
                                                                                b) Entertainment and dining                                                                  Formatted: Font: Italic
                                                                                     business; or                                                                            Formatted: Indent: Left: 1.33 cm, Tab stops: 0.57 cm, Left
                                                                                c)   Home-based business
                                                                                     Type 3; or
                                                                                d) Industrial business; or
                                                                                e) Retail business
                                               COMMUNITY USES—
                                               Consistent use                   Impact assessment
                                               No Community Uses                All Community Uses

                                               Inconsistent use
                                               All Community Uses
                                               INFRASTRUCTURE USES—
                                               Consistent use     Impact assessment

                                               5
                                                 Refer to Part 2, Section 2.12 Dictionary for definitions
                                               6
                                                 The level of assessment indicated within this assessment table may be affected by Division 2 of the Regulatory Provisions
                                               of the SEQ Regional Plan.
                                               7
                                                 Assessment benchmarks are provided to assist with the preparation of an application and, in the case of impact
                                               assessment development, in no way affect the regard to be given to the planning scheme as a whole and other
                                               requirements in accordance with Section 3.5.5 of IPA.



                                                                                                           4-4

Section 57

        Column 1                            Column 2                                        Column 3
    Defined use or use              Categories of development                      Assessment benchmarks for
          class5                        and assessment 6                           assessable development and




                                                                                                                                       Including amendments 3 July 2017
                                                                                                                           The Noosa Plan
                                                                                    requirements for accepted
                                                                                          development 7
No Infrastructure Uses
                                 All Infrastructure Uses
Inconsistent uses
All Infrastructure Uses
RESIDENTIAL USES—
Consistent use                   Accepted development subject to              If accepted development subject to
Detached house; or               requirements if                              requirements —
Multiple Housing Type            a) Detached house; or                        a) Column 2 of Tables 14.28-                         Formatted: Font: Bold
2 Duplex if one dwelling         a)b)Multiple Housing Type 2                      14.30 of the Detached House                      Formatted: Font: Bold
unit is lnot more than               Duplex if one dwelling unit is               CodeLow Density Housing
65m² and the site is not             not more than 65m² and the                   Code; and                                        Formatted: Heading 5, Numbered + Level: 1 + Numbering
                                                                                                                                   Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:
subdivided; or                       site is not subdivided; or               b) if a Community Residence ─                        0 cm + Tab after: 0.63 cm + Indent at: 0.6 cm, Tab stops:
                                 c) Community residence                           Column 2 of Table 32a of the                     4.04 cm, List tab
Community residence;                 b)                                           Community Residence Code
                                                                                                                                   Formatted: Font: Bold
or                               Code assessment if—
Visitor                          a) Detached house and not                    If code assessment —                                 Formatted: Font: Bold
accommodation Type                   complying with Column 2 of               a)    Detached house–Detached                        Formatted: Font: Not Bold
1 Home hosted                        Tables 14.28 -14.30 of the                     House CodeLow Density
                                                                                                                                   Formatted: Indent: Left: 0.6 cm, No bullets or numbering
                                     Detached House CodeLow                         Housing Code; or
Inconsistent uses                    Density Housing CodeLow                                                                       Formatted: Numbered + Level: 1 + Numbering Style: a, b, c,
                                                                                                                                   … + Start at: 1 + Alignment: Left + Aligned at: 0 cm + Tab
Those Residential                    Density Housing Code, except             b)     Multiple Housing Type 2
                                                                                                                                   after: 0.86 cm + Indent at: 0.86 cm
Uses listed in Section               if an alternative provision to                  Duplex not more-Low Density
4.123                                the QDC 8; or                                   Housing Code; or                              Formatted: Numbered + Level: 1 + Numbering Style: a, b, c,
                                                                                                                                   … + Start at: 1 + Alignment: Left + Aligned at: 0 cm + Tab
                                 b) Multiple Housing Type 2
                                                                                                                                   after: 0.86 cm + Indent at: 0.86 cm
                                     Duplex if one dwelling unit is           b)c) Community residence –
                                     lessnot more than 65m² and                     i. Community Residence                         Formatted: List Paragraph, No bullets or numbering, Don't
                                                                                                                                   keep with next
                                     the site is not subdivided- and                   Code; and
                                     not complying with Column 2                   ii. Detached House CodeLow                      Formatted: Numbered + Level: 1 + Numbering Style: a, b, c,
                                     of Tables 14.28 -14.30 of the                     Density Housing Code                        … + Start at: 1 + Alignment: Left + Aligned at: 0 cm + Tab
                                                                                                                                   after: 0.86 cm + Indent at: 0.86 cm
                                     Low Density Housing Code,
                                     except if an alternative
                                     provision to the QDC 9
                                 b)c) Community residence and
                                     not complying with Column 2
                                     of Tables 14.28 – 14.30 of the
                                     Detached House CodeLow
                                     Density Housing CodeLow
                                     Density Housing Code, except
                                     if an alternative provision to
                                     the QDC9; and Column 2 of
                                     Table 32a of the Community
                                     Residence Code

                                 Impact assessment if—
                                 a) Ancillary dwelling unit; or
                                 b) Multiple housing if not                                                                        Formatted: Font: Not Bold
                                    otherwise accepted                                                                             Formatted: Font: Not Bold
                                    development subject to
                                    requirements or code
                                    assessment; or

8
  A code assessment application is not required for non-compliance with an alternative provision to the QDC. See Section
4.4 above.
9
  A code assessment application is not required for non-compliance with an alternative provision to the QDC. See Section
4.4 above.



                                                           4-5

Section 58

                                                        Column 1                            Column 2                                      Column 3
                                                    Defined use or use              Categories of development                    Assessment benchmarks for
                                                          class5                        and assessment6                          assessable development and
            Including amendments 3 July 2017
The Noosa Plan




                                                                                                                                  requirements for accepted
                                                                                                                                        development7
                                                                                c) Visitor accommodation

                                               OTHER USES—
                                               Uses not otherwise               Accepted development if a road10               If accepted development –
                                               defined                          - Development approval is not                  no assessment benchmarks apply
                                                                                required

                                                                                Impact assessment —otherwise


                                                         Division 4—Assessment table for the Village Mix Zone11
                                               Table 4.2

                                                     CATEGORIES OF DEVELOPMENT AND ASSESSMENTFOR THE VILLAGE MIX ZONE -
                                                                       MAKING A MATERIAL CHANGE OF USE12
                                                        Column 1                 Column 2                     Column 3
                                                    Defined use or use Categories of development and Assessment benchmarks for
                                                          class 13
                                                                                assessment           assessable development and
                                                                                                      requirements for accepted
                                                                                                           development14 -



                                               AGRICULTURAL USES—
                                               Consistent use       Impact assessment
                                               No Agricultural Uses All Agricultural Uses

                                               Inconsistent use
                                               All Agricultural Uses
                                               BUSINESS USES—
                                               Consistent use                   Accepted development subject to                If accepted development subject to
                                               Commercial business              requirements if one of the                     requirements Column 2 of Table
                                               if not on Lot 18                 following and not involving any                14.5, of the Business Uses Code
                                               RP59216;                         new buildings or the expansion of
                                               or                               buildings or outdoor use area                  If code assessment and—
                                               Entertainment &                  providing the building has already
                                               dining business Type             been approved for one of these                 a) Home-based business—
                                               1 Food & beverage or             uses and no additional tenancies                  i   Business Uses Code; and
                                               Type 2 Recreation,               are being created —                               ii  if involving building work–
                                               amusement & fitness              a) Commercial business                            Column 2 of Table 14-44 –
                                               if not on Lot 18                      Types 1 or 2; or                             14.45, of theLow Density
                                               RP59216;                         b) Entertainment and dining                       Housing Code or Residential
                                               or                                    business Type 1; or                          Uses Code
                                               Entertainment &                  c) Retail business Types 1 or

                                               10
                                                  All roads are included in a zone. Refer to Part 2 Section 2.10.
                                               11
                                                  Categories of development and assessment may also be affected by overlays. See overlay maps (OM1.1- OM1.5) and
                                               the provisions of Part 13 to determine whether the land is affected. Also see Part 2 Section 2.6.4 explaining how the higher
                                               category of development and assessment prevails.
                                               12
                                                  For development other than material change of use refer to assessment table 4.9 (Division 11)
                                               13
                                                  Refer to Part 2, Section 2.11 Dictionary for definitions
                                               14
                                                  Relevant assessment benchmarks are provided to assist with the preparation of an application and, in the case of impact
                                               assessment development, in no way affect the regard to be given to the planning scheme as a whole and other
                                               requirements in accordance with Section 3.5.5 of IPA



                                                                                                           4-6

Section 59

      Column 1                        Column 2                            Column 3
  Defined use or use        Categories of development and        Assessment benchmarks for
        class13                      assessment                  assessable development and




                                                                                                               Including amendments 3 July 2017
                                                                                                   The Noosa Plan
                                                                  requirements for accepted
                                                                       development14 -



dining business Type           2 if not exceeding 1,000m2       Building Works Code
3 Bar if located on Lot 2      GFA                              OR
RP839106 or Lot 1
RP40395;                    Code assessment if—                 b) otherwise—
or                          a) one of the following and not        i   Boreen Point, Kin Kin and
Home-based business            involving any new buildings or          Cootharaba Locality Code;
Type 1 Limited                 the expansion of buildings or           and
visibility or Type 2           outdoor use area but not            ii  Business Uses Code; and
Evident;                       complying with Column 2 of          iii Landscaping Code; and
or                             Table 14.5, Acceptable              iv Engineering Works Codes.
Retail business Type 1         Solutions S1.1 to S9.2 of the
Local, Type 2 Shop &           Business Uses Code—
salon, Type 6
                               i)   Commercial business;
Hardware store, Type
                                    or
7 Garden and lifestyle
centre if not on Lot 18        ii) Entertainment and
RP59216;                            dining business Type 1;
or                                  or
Retail business Type 5         iii) Retail business Types 1
Vehicle uses if a                   or 2 not exceeding
service station and in              1,000m2 GFA;
Kin Kin                     b) one of the following, located
                               in Kin Kin and involving any
Inconsistent uses              new buildings or the
Those Business Uses            expansion of buildings or
listed in Section 4.15         outdoor use area—
                               i)     Commercial business;
                                      or
                               ii)    Entertainment and
                                      dining business Types
                                      1 or 2; or
                               iii)   Home-based business
                                      Types 1 or 2
                               iv)    Industrial business
                                      Type 1;
                               v)     Retail business Type 1;
                               vi)    Retail business Types 2
                                      or 7 if not exceeding
                                      1,000m2 GFA

                            Impact assessment if in Kin Kin
                            village and—
                             a) Entertainment and dining
                                  business Type 3; or
                             b) Home-based business
                                  Type 3; or
                             c) Industrial business Types
                                  2 or 3; or
                             d) Retail business Type 2


                                                 4-7

Section 60

                                                     Column 1                        Column 2                                 Column 3
                                                 Defined use or use        Categories of development and             Assessment benchmarks for
                                                       class13                      assessment                       assessable development and
            Including amendments 3 July 2017
The Noosa Plan




                                                                                                                      requirements for accepted
                                                                                                                           development14 -



                                                                                1,000m2 GFA or more; or
                                                                           e)   Retail business Types 3, 4,
                                                                                5, 6 or 7

                                                                           Impact assessment if in Boreen
                                                                           Point village and not otherwise
                                                                           Accepted development subject to
                                                                           requirements or code assessment
                                                                           –
                                                                           All Business Uses
                                               COMMUNITY USES—
                                               Consistent use              Code assessment if in Kin Kin           If code assessment —
                                               Education Type 1            village and—                            a)    Boreen Point, Kin Kin and
                                               Childcare if not on Lot     a)     Education Type 4                       Cootharaba Locality Code;
                                               18 RP59216 or               b)     Wellbeing Type 2                       and
                                               Type 4 Information if                                               b)    Community Uses Code; and
                                               not on Lot 18 RP59216;      Impact assessment if in Kin Kin         c)    Landscaping Code; and
                                               or                          village and—                            d)    Engineering Works Codes.
                                               Wellbeing Type 2            a) Education Types 1, 2 or 3;
                                               Social if not on Lot 18     b) Emergency service;
                                               RP59216                     c) Open space;
                                                                           d) Wellbeing Types 1, 3 or 4
                                               Inconsistent uses
                                               Those Community        Impact assessment if in Boreen
                                               Uses listed in Section Point–
                                               4.156                  All Community Uses
                                               INFRASTRUCTURE USES—
                                               Consistent use         Impact assessment
                                               No Infrastructure Uses All Infrastructure Uses

                                               Inconsistent use
                                               All Infrastructure Uses
                                               RESIDENTIAL USES—
                                               Consistent use              Code assessment if in Kin Kin           If code assessment —
                                               Detached house or           village and—                            Detached House CodeLow Density    Formatted: Font: Not Bold
                                               Multiple housing Type       a)     Detached house;                  Housing Code                      Formatted: Font: Bold
                                               2 if one dwelling unit is   a)b) Multiple housing Type 2
                                               not more than 65 m²                Duplex if one dwelling unit                                        Formatted: Font: Not Bold
                                               and the site is not                is not more than 65m² and
                                               subdivided; if on the              the site is not subdivided; or
                                               same premises as a          b)c) Ancillary dwelling unit
                                               Business use or on Lot
                                               18 RP59216; or              Impact assessment if in Kin Kin
                                               Ancillary dwelling          village and—
                                               unit; or                    a)     Community residence; or
                                               Visitor                     b)     Multiple housing if not                                            Formatted: Font: Bold
                                               accommodation Type                 otherwise code                                                     Formatted: Font: Not Bold
                                               1 Home hosted;                     assessment; or
                                               or Type 4                   c)     Visitor accommodation
                                               Conventional; or
                                               Type 2 Caravan Park;        Impact assessment if in Boreen


                                                                                                  4-8

Section 61

         Column 1                           Column 2                                       Column 3
     Defined use or use           Categories of development and                   Assessment benchmarks for
           class13                         assessment                             assessable development and




                                                                                                                                           Including amendments 3 July 2017
                                                                                                                               The Noosa Plan
                                                                                   requirements for accepted
                                                                                        development14 -



                                 Point village–
Inconsistent uses                All Residential Uses
Those Residential
Uses listed in Section
4.156




OTHER USES—
Uses not otherwise               Accepted development if a road15-              If accepted development –
defined                          Development approval is not                    no assessment benchmarks apply
                                 required

                                 Impact assessment —otherwise


Division 5—Assessment table for the Community Services Zone16
Table 4.3

     CATEGORIES OF DEVELOPMENT AND ASSESSMENTFOR THE COMMUNITY SERVICES
                        ZONE - MAKING A MATERIAL CHANGE OF USE17
         Column 1                    Column 2                     Column 3
     Defined use or use    Categories of development and Assessment benchmarks for
           class12                  assessment           assessable development and
                                                          requirements for accepted
                                                               development13 -

AGRICULTURAL USES—
Consistent use       Impact assessment
No Agricultural Uses All Agricultural Uses

Inconsistent use
All Agricultural Uses




15
   All roads are included in a zone. Refer to Part 2 Section 2.10.
16
   Categories of development and assessment may also be affected by overlays. See overlay maps (OM1.1- OM1.5) and
the provisions of Part 13 to determine whether the land is affected. Also see Part 2 Section 2.6.4 explaining how the higher
category of development and assessment prevails.
17
   For development other than material change of use refer assessment table 4.9 (Division 11)



                                                            4-9

Section 62

                                                     Column 1                       Column 2                          Column 3
                                                 Defined use or use       Categories of development and      Assessment benchmarks for
                                                       class12                     assessment                assessable development and
            Including amendments 3 July 2017
The Noosa Plan




                                                                                                              requirements for accepted
                                                                                                                   development13 -

                                               BUSINESS USES—
                                               Consistent Use             Code assessment if               If code assessment —
                                               Commercial business        a) Commercial Business           a) Boreen Point, Kin Kin and
                                               Type 2 Medical; or            Types 2 or 3; or                    Cootharaba Locality Code;
                                               Type 3 Veterinary          b) Entertainment & dining              and
                                               or                            Type 1 where in conjunction   b) Business Uses Code; and
                                               Entertainment and             with a Community Use          c) Landscaping Code; and
                                               dining business Type                                        d) Engineering Works Codes
                                               1 Food and beverage
                                               or Type 2, Recreation,     Impact assessment if—
                                               Amusement & Fitness        a) Commercial business Type
                                               where in conjunction          1; or
                                               with a Community Use       b) Entertainment and dining
                                                                             business if not otherwise
                                               Inconsistent use              code assessment ; or
                                               Those Business Uses        c) Home-based business; or
                                               listed in Section 4.2019   d) Industrial business; or
                                                                          e) Retail business
                                               COMMUNITY USES—
                                               Consistent use             Code assessment if—              If code assessment —
                                               All Community Uses         a) Education Type 4;             a)    Boreen Point, Kin Kin and
                                                                          b) Emergency Service;                  Cootharaba Locality Code;
                                               Inconsistent use           c) Open Space Type 1;                  and
                                               No Community Uses          d) Wellbeing Type 2;             b)    Community Uses Code; and
                                                                                                           c)    Landscaping Code; and
                                                                          Impact assessment if—            d)    Engineering Works Codes.
                                                                          a) Education Types 1, 2, or 3;
                                                                          b) Open Space Type 2;
                                                                          c) Wellbeing Types 1, 3 or 4

                                               INFRASTRUCTURE USES—
                                               Consistent use         Code assessment if—                  If code assessment —
                                               Service and utility    a) Service and utility Types 1,      a)    Boreen Point, Kin Kin and
                                               Type 1 Depot, Type 2      2 or 4; or                              Cootharaba Locality Code;
                                               Installation or Type 4 b) Transport Types 1, 2 or 3               and
                                               Treatment, recycling                                        b)    Infrastructure Uses Code;
                                               and disposal;          Impact assessment if—                      and
                                               or                     a) Service and utility Type 3;       c)    Landscaping Code; and
                                               Transport Type 1          or                                d)    Engineering Works Codes.
                                               Passenger terminal,    b) Transport Type 4
                                               Type 2 Carpark or
                                               Type 3 Depot

                                               Inconsistent use
                                               Those Infrastructure
                                               Uses listed in Section
                                               4.2019
                                               RESIDENTIAL USES—
                                               Consistent use             Impact assessment
                                               No Residential Uses        All Residential Uses

                                               Inconsistent use
                                               All Residential Uses


                                                                                             4-10

Section 63

         Column 1                           Column 2                                       Column 3
     Defined use or use           Categories of development and                   Assessment benchmarks for
           class12                         assessment                             assessable development and




                                                                                                                                           Including amendments 3 July 2017
                                                                                                                               The Noosa Plan
                                                                                   requirements for accepted
                                                                                        development13 -

OTHER USES—
Uses not otherwise               Accepted development if a road18-              If accepted development –
defined                          Development approval is not                    no assessment benchmarks apply
                                 required

                                 Impact assessment —otherwise


            Division 6—Assessment table for the Industry Zone19
Table 4.4

CATEGORIES OF DEVELOPMENT AND ASSESSMENT FOR THE INDUSTRY ZONE - MAKING
                        A MATERIAL CHANGE OF USE20
     Column 1                 Column 2                     Column 3
 Defined use or use Categories of development and Assessment benchmarks for
       class 21
                             assessment           assessable development and
                                                   requirements for accepted
                                                         development 22

AGRICULTURAL USES—
Consistent use       Impact assessment
No Agricultural Uses All Agricultural Uses

Inconsistent use
All Agricultural Uses
BUSINESS USES—
Consistent use                   Accepted development subject to                If accepted development subject to
Commercial business              requirements if                                requirements
Type 1 Office if an                                                             a) and an estate sales office
                                 a)     Commercial business
estate sales office                                                                  Column 2 of Table 14.7 of the
                                        Type 1 if an estate sales
or                                                                                   Business Uses Code
                                        office
Industrial business                                                             b) and an Industrial business
Type 1 Warehouse                 b)     Industrial business Types                    Column 2 of Table 14.6,
or Type 2 Production,                   1 or 2 and not involving any                 Acceptable Solutions S10.1 to
alteration,                             new buildings or the                         S16.1 of the Business Uses
repackaging &                           expansion of buildings or                    Code
repairing;                              outdoor use area
or                                                                              If code assessment —
Retail business Type 3           Code assessment if                             a) Boreen Point, Kin Kin and
Landscape & rural                                                                    Cootharaba Locality Code;
or Type 6 Hardware               a)     Commercial business                          and
store                                   Type 1 if an estate sales               b) Business Uses Code; and
                                        office and not complying with           c) Landscaping Code; and

18
   All roads are included in a zone. Refer to Part 2 Section 2.10.
19
   Categories of development and assessment may also be affected by overlays. See overlay maps (OM1.1- OM1.5) and
the provisions of Part 13 to determine whether the land is affected. Also see Part 2 Section 2.6.4 explaining how the higher
category of development assessment prevails.
20
   For development other than material change of use refer assessment table 4.9 (Division 11)
21
   Refer to Part 2, Section 2.11 Dictionary for definitions
22
   Assessment benchmarks are provided to assist with the preparation of an application and, in the case of impact
assessment development, in no way affect the regard to be given to the planning scheme as a whole and other
requirements in accordance with Section 3.5.5 of IPA



                                                            4-11

Section 64

                                                     Column 1                       Column 2                                    Column 3
                                                 Defined use or use       Categories of development and                Assessment benchmarks for
                                                       class21                     assessment                          assessable development and
            Including amendments 3 July 2017
The Noosa Plan




                                                                                                                        requirements for accepted
                                                                                                                              development 22

                                               Inconsistent use                 column 2 of Table 14.7 of         d)     Engineering Works Codes.
                                               Those Business Uses              the Business Uses Code
                                               listed in Section 4.2423
                                                                          b)    Industrial business Types
                                                                                1 or 2, not involving any new
                                                                                buildings or the expansion of
                                                                                buildings or outdoor use
                                                                                areas but not complying with
                                                                                Column 2 of Table 14.6
                                                                                Acceptable Solution S10.1 to
                                                                                S16.1 of the Business Uses
                                                                                Code.

                                                                          c)      one of the following and
                                                                                  involving any new buildings
                                                                                  or the expansion of buildings
                                                                                  or outdoor use area—
                                                                                i. Industrial business
                                                                                      Types 1 or 2; or
                                                                               ii. Retail business Type 3

                                                                          Impact assessment if—
                                                                           a)  Commercial business if
                                                                               not otherwise Accepted
                                                                               development subject to
                                                                               requirements or Code
                                                                               assessment ; or
                                                                           b)  Entertainment and dining
                                                                               business; or
                                                                           c)  Home-based business; or
                                                                           d)  Industrial business Type
                                                                               3; or
                                                                           e)  Retail business Types 1,
                                                                               2, 4, 5, 6 or 7

                                               COMMUNITY USES—
                                               Consistent use             Code assessment if Emergency            If code assessment —
                                               Emergency service          service Type 2                          a)    Boreen Point, Kin Kin and
                                               Type 2 Shed                                                              Cootharaba Locality Code;
                                                                      Impact assessment if—                             and
                                               Inconsistent use       a) Education; or                            b)    Community Uses Code; and
                                               Those Community        b) Emergency service Type 1;                c)    Landscaping Code; and
                                               Uses listed in Section    or                                       d)    Engineering Works Codes.
                                               4.2423                 c) Open space ; or
                                                                      d) Wellbeing
                                               INFRASTRUCTURE USES—
                                               Consistent use         Code assessment if—                         If code assessment —
                                               Service and utility    a)   Service and utility Types 1            a)    Boreen Point, Kin Kin and
                                               Type 1 Depot, Type 2        or 2; or                                     Cootharaba Locality Code;
                                               Installation or Type 3 b)   Transport Type 3                             and
                                               Tower;                                                             b)    Infrastructure Uses Code;
                                               or                     Impact assessment if—                             and
                                               Transport Type 3       a) Service and utility Types 3              c)    Landscaping Code; and



                                                                                                 4-12

Section 65

         Column 1                           Column 2                                         Column 3
     Defined use or use           Categories of development and                     Assessment benchmarks for
           class21                         assessment                               assessable development and




                                                                                                                                           Including amendments 3 July 2017
                                                                                                                               The Noosa Plan
                                                                                     requirements for accepted
                                                                                           development 22

Depot                               or 4                                       d)     Engineering Works Codes.
                                 b) Transport Types 1, 2 or 4
Inconsistent use
Those Infrastructure
Uses listed in Section
4.2423
RESIDENTIAL USES
Consistent use                   Code assessment if Ancillary                  If code assessment —
Detached house on the            dwelling unit                                 Detached House CodeLow Density
same premises as a                                                             Housing Code.
Business Use;                    Impact assessment if—
or                               a) Detached house; or
Ancillary dwelling unit          b) Community residence: or
                                 c) Multiple housing; or
Inconsistent use                 d) Visitor accommodation
Those Residential
Uses listed in Section
4.234
OTHER USES—
Uses not otherwise               Accepted development if a road23              If accepted development –
defined                          Development approval is not                   no assessment benchmarks apply
                                 required
                                 Impact assessment —otherwise


      Division 7—Assessment table for the Rural Settlement Zone24
Table 4.5

      CATEGORIES OF DEVELOPMENT AND ASSESSMENT FOR THE RURAL SETTLEMENT
                    ZONE - MAKING A MATERIAL CHANGE OF USE25
       Column 1                Column 2                     Column 3
     Defined use or  Categories of development and Assessment benchmarks for
      use class26            assessment27          assessable development and
                                                    requirements for accepted
                                                          development28

AGRICULTURAL USES—
Consistent use   Accepted development subject to                              If accepted development subject to
Cultivation Type requirements if–                                             requirements and—
1 Traditional;   a) Cultivation Type 1; or                                     a) Cultivation Type 1–
or               b) Animal Husbandry Type 1
                                                                                    i Column 2 of Table 14.1 of

23
   All roads are included in a zone. Refer to Part 2 Section 2.10.
24
   Categories of development and assessment may also be affected by overlays. See overlay maps (OM1.1- OM1.5) and
the provisions of Part 13 to determine whether the land is affected. Also see Part 2 Section 2.6.4 explaining how the higher
category of development and assessment prevails.
25
   For development other than material change of use refer to assessment table 4.9 (Division 11)
26
   Refer to Part 2, Section 2.11 Dictionary for definitions
27
   The level of assessment indicated within this assessment table may be affected by Division 2 of the Regulatory Provisions
of the SEQ Regional Plan
28
   Relevant assessment benchmarks are provided to assist with the preparation of an application and, in the case of impact
assessment development, in no way affect the regard to be given to the planning scheme as a whole and other
requirements in accordance with Section 3.5.5 of IPA



                                                           4-13

Section 66

                                                  Column 1                     Column 2                                 Column 3
                                                Defined use or       Categories of development and             Assessment benchmarks for
                                                 use class26                 assessment27                      assessable development and
            Including amendments 3 July 2017
The Noosa Plan




                                                                                                                requirements for accepted
                                                                                                                      development 28

                                               Animal                                                                  the Agricultural Uses Code;
                                               husbandry Type      Code assessment if—                                 and
                                               1 Traditional;      a) Cultivation Type 1 not                          ii if involving building        Formatted: Indent: Left: 0.71 cm, Hanging: 0.5 cm, No
                                               or                      complying with Column 2 of Table               work– Column 2 of Table         bullets or numbering, Tab stops: 1.21 cm, Left + Not at 0.57
                                               All Forestry            14.1 of the Agricultural Uses                  14.44 – 14.46 of the            cm
                                                                       Code; or                                       Building Works Code;
                                               Inconsistent use    b) Forestry Type 1                                 a. Boreen Point, Kin Kin
                                               Those                                                                     and Cootharaba Locality
                                               Agricultural Uses   Impact assessment if—                                 Code; and
                                               listed in Section   a) Cultivation Type 2; or                          b.Engineering Works Code        Formatted: Font: Italic
                                               4.278               b) Animal husbandry if–
                                                                     i    Type 1 and not complying
                                                                                                          OR
                                                                          with Column 2 of Table 14.2,
                                                                          Agricultural Uses Code; or      b)      Animal Husbandry Type 1–
                                                                                                                i.    Column 2 of Table 14.2,         Formatted: Heading 5, Indent: Left: 0.82 cm, Hanging: 0.75
                                                                     ii   Type 2; or
                                                                                                                      Agricultural Uses Code;         cm, Space Before: 3 pt, Numbered + Level: 1 + Numbering
                                                                   c) Forestry Type 2                                 and                             Style: i, ii, iii, … + Start at: 1 + Alignment: Left + Aligned at:
                                                                                                                                                      0.82 cm + Tab after: 2.09 cm + Indent at: 0.18 cm, No
                                                                                                                 i                                    widow/orphan control, Tab stops: 0.82 cm, Left + 1.57 cm,
                                                                                                                                                      List tab + Not at 0.57 cm + 2.09 cm
                                                                                                                 ii     if involving building work–
                                                                                                                                                      Formatted: Heading 5, Indent: Left: 0.82 cm, Hanging: 0.75
                                                                                                               i        Column 2 of Table 14-         cm, Space Before: 3 pt, Numbered + Level: 1 + Numbering
                                                                                                           44-14-46 of the Building Works             Style: i, ii, iii, … + Start at: 1 + Alignment: Left + Aligned at:
                                                                                                                                                      0.82 cm + Tab after: 2.09 cm + Indent at: 0.18 cm, No
                                                                                                           Code                                       widow/orphan control, Tab stops: 0.82 cm, Left + 1.57 cm,
                                                                                                                         a. Boreen Point, Kin Kin     List tab + Not at 0.57 cm + 2.09 cm
                                                                                                                            and Cootharaba            Formatted: Numbered + Level: 1 + Numbering Style: a, b, c,
                                                                                                                            Locality Code; and        … + Start at: 1 + Alignment: Left + Aligned at: 0.82 cm +
                                                                                                                                                      Tab after: 2.09 cm + Indent at: 0.18 cm
                                                                                                                         b. Engineering Works
                                                                                                                                                      Formatted: Heading 5, Indent: Left: 1.69 cm, Hanging: 0.5
                                                                                                                           Code                       cm, Space Before: 3 pt, Numbered + Level: 1 + Numbering
                                                                                                                                                      Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:
                                                                                                                                                      0.82 cm + Tab after: 2.09 cm + Indent at: 0.18 cm, No
                                                                                                          If code assessment —                        widow/orphan control, Tab stops: 0.82 cm, Left + Not at 0.57
                                                                                                          a) Agricultural Uses Code; and              cm
                                                                                                          b) if involving building work–              Formatted: Font: Italic
                                                                                                                Column 2 of Table 14-44-14-
                                                                                                                                                      Formatted: Heading 5, Indent: Left: 1.57 cm, Space Before:
                                                                                                                46 of the Building Works Code         3 pt, Tab stops: 0.82 cm, Left
                                                                                                                  i.Boreen Point, Kin Kin and
                                                                                                                                                      Formatted: Numbered + Level: 1 + Numbering Style: i, ii, iii,
                                                                                                                        Cootharaba Locality
                                                                                                                                                      … + Start at: 1 + Alignment: Right + Aligned at: 1.35 cm +
                                                                                                                        Code; and                     Indent at: 1.98 cm
                                                                                                                 ii.Engineering Works Code
                                                                                                                                                      Formatted: Font: Italic

                                               BUSINESS USES—
                                               Consistent use      Accepted development subject to        If accepted development subject to
                                               Commercial          requirements if —                      requirements and—
                                               business Type 1     a) Commercial business Type 1 if       a) an estate sales office Column 2
                                               Office if an estate    an estate sales office                  of Table 14.7 of the Business
                                               sales office        b) Home-based business Types 1             Uses Code;
                                               or                     or 2                                b) Home-based business Column
                                               Type 3                                                         2 of Table 14.11 of the Business
                                               Veterinary;         Code assessment if—                        Uses Code; and
                                               or                  a) Commercial business Type 1 if        c) c) if involving building work–          Formatted: Numbered + Level: 1 + Numbering Style: a, b, c,
                                                                                                                                                      … + Start at: 1 + Alignment: Left + Aligned at: 0.06 cm +
                                               All Home-based           an estate sales office and not           Column 2 of Table 14-44-14-
                                                                                                                                                      Tab after: 0.96 cm + Indent at: 0.96 cm



                                                                                           4-14

Section 67

   Column 1                         Column 2                              Column 3
 Defined use or           Categories of development and          Assessment benchmarks for
  use class26                     assessment27                   assessable development and




                                                                                                                  Including amendments 3 July 2017
                                                                                                      The Noosa Plan
                                                                  requirements for accepted
                                                                        development28

business                    complying with column 2 of Table        46 of the Building Works
                            14.7 of the Business Uses Code          Code
Inconsistent use     b)     Home-based business Types 1            Low Density Housing Code                   Formatted: Font: Italic
Those Business              or 2 and not complying with                                                       Formatted: Indent: Left: 0.71 cm, No bullets or numbering
Uses listed in              column 2 of Table 14.11 of the
Section 4.278               Business Uses Code; or             If code assessment —                           Formatted: Indent: Left: 0.96 cm, First line: 0 cm
                                                               a) Business Uses Code; and
                    Impact assessment if—                             a. b)if involving building              Formatted: Numbered + Level: 1 + Numbering Style: a, b, c,
                    a) Commercial business if not                           work– Column 2 of Table           … + Start at: 1 + Alignment: Left + Aligned at: 1.1 cm +
                       otherwise Accepted development                       14-44-14-46 of the                Indent at: 1.73 cm
                       subject to requirements or Code                      Building Works Code
                       assessment ; or                                      Boreen Point, Kin Kin
                    b) Entertainment & dining                               and Cootharaba Locality
                       business; or                                         Code; and
                    c) Home-based business Type 3;                    b.Engineering Works Code;               Formatted: Font: Italic
                       or                                                   or
                    d) Industrial business; or                        c.if for a Home-based                   Formatted: Font: Not Italic
                    e) Retail business                                      business- Low Density             Formatted: Font: Bold, Not Italic
                                                                            Housing Code
                                                                                                              Formatted: Font: Not Italic
                                                                                                              Formatted: Font: Not Italic
                                                                                                              Formatted: Indent: Left: 1.33 cm, No bullets or numbering
COMMUNITY USES—
Consistent Use    Code assessment if                           If code assessment —
Emergency         Emergency service Type 2                     a)    Boreen Point, Kin Kin and
Service Type 2                                                       Cootharaba Locality Code;
Shed              Impact assessment if—                              and
                  a)     Education; or                         b)    Community Uses Code; and
Inconsistent use  b)     Emergency service Type 1; or          c)    Landscaping Code; and
Those             c)     Open space; or                        d)    Engineering Works Codes.
Community Uses d)        Wellbeing
listed in Section
4.28
INFRASTRUCTURE USES—
Consistent use    Impact assessment
No Infrastructure All Infrastructure Uses
Uses

Inconsistent use
All Infrastructure
Uses
RESIDENTIAL USES—
Consistent use       Accepted development subject to           If accepted development subject to
Detached house;      requirements if                           requirements—
or                    a)   Detached house; or                  a) Column 2 of Tables 14.28-14.31
 Multiple Housing .                                                of the Detached House
Type 2 Duplex if      a)b) Multiple Housing Type 2                 CodeLow Density Housing
one dwelling unit is       Duplex if one dwelling unit is          Code; and
not more than              not more than 65m² and the site     b) if a Community Residence ─
65m² and the site          is not subdivided; or                   Column 2 of Table 32a of the
is not subdivided;    c)   Community residence                     Community Residence Code                   Formatted: Font: Not Bold
or                         b)                                                                                 Formatted: Indent: Left: 0.96 cm, No bullets or numbering
Community            Code assessment if—                       If code assessment —



                                                4-15

Section 68

                                                      Column 1                          Column 2                                       Column 3
                                                    Defined use or            Categories of development and                   Assessment benchmarks for
                                                     use class26                      assessment27                            assessable development and
            Including amendments 3 July 2017
The Noosa Plan




                                                                                                                               requirements for accepted
                                                                                                                                     development 28

                                               residence;                                                                  a) Detached house— Detached                     Formatted: Numbered + Level: 1 + Numbering Style: a, b, c,
                                               or                        c)a)     Detached house and not                      House CodeLow Density                        … + Start at: 1 + Alignment: Left + Aligned at: 0.63 cm +
                                               Visitor                            complying with Column 2 of                  Housing Code; or                             Indent at: 1.27 cm, Tab stops: 1.16 cm, Left
                                               accommodation                      Tables 14.28-14.31 of the                b) Multiple Housing Type 2                      Formatted: Indent: Left: 0 cm, Hanging: 0.46 cm,
                                               Type 1 Home                        Detached House CodeLow                      Duplex – Low Density Housing                 Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at:
                                               hosted or                          Density Housing Code, except                Code; or                                     1 + Alignment: Left + Aligned at: 0.63 cm + Indent at: 1.27
                                                                                                                                                                           cm
                                               Type 3 Rural                       if an alternative provision to           b)c)Visitor accommodation Type
                                                                                  the QDC29; or                                      1—                                    Formatted: Indent: Hanging: 1.27 cm, Numbered + Level: 1
                                               Inconsistent use          b)       Multiple Housing Type 2                          i. Boreen Point, Kin Kin                + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left
                                                                                                                                                                           + Aligned at: 0.63 cm + Indent at: 1.27 cm, Tab stops: 1.16
                                               Those Residential                  Duplex if one dwelling unit is                        and Cootharaba Locality            cm, Left
                                               Uses listed in                     not more than 65m² and the                            Code; and
                                               Section 4.278                      site is not subdivided and not                  ii. Visitor Accommodation                Formatted: Font: Not Bold
                                                                                  complying with Column 2 of                            Code; and
                                                                                  Tables 14.28 -14.31 of the                     iii. Landscaping Code; and
                                                                                  Low Density Housing Code,                      iv. Engineering Works
                                                                                  except if an alternative                              Codes;
                                                                                  provision to the QDC 30                            or                                    Formatted: Indent: Left: 1.21 cm, Hanging: 0.5 cm
                                                                         d)c)     Visitor accommodation Type               d) c) Community residence –                     Formatted: Indent: Hanging: 1.27 cm, Numbered + Level: 1
                                                                                  1; or                                       i.     Community Residence                   + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left
                                                                         e)d)     Community residence and                            Code; and                             + Aligned at: 0.63 cm + Indent at: 1.27 cm, Tab stops: 0.46
                                                                                  not complying with Column 2                ii.     Detached House CodeLow                cm, Left
                                                                                  of Tables 14.28 – 14.31 of the                     Density Housing Code                  Formatted: Numbered + Level: 1 + Numbering Style: i, ii, iii,
                                                                                  Detached House CodeLow                                                                   … + Start at: 1 + Alignment: Right + Aligned at: 0.63 cm +
                                                                                  Density Housing Code,                                                                    Indent at: 1.27 cm
                                                                                  (except if an alternative
                                                                                  provision to the QDC29); and
                                                                                  Column 2 of Table 32a of the
                                                                                  Community Residence Code

                                                                         Impact assessment if—
                                                                                    a.a) Ancillary dwelling                                                                Formatted: Numbered + Level: 2 + Numbering Style: a, b, c,
                                                                                         unit; or                                                                          … + Start at: 1 + Alignment: Left + Aligned at: 1.96 cm +
                                                                                    b.b) Multiple housing if                                                               Tab after: 2.6 cm + Indent at: 2.6 cm
                                                                                         otherwise not                                                                     Formatted: Font: Not Bold
                                                                                         accepted                                                                          Formatted: Font: Not Bold
                                                                                         development subject
                                                                                         to requirements or
                                                                                         code assessment; or
                                                                                    c.c) Visitor
                                                                                         accommodation
                                                                                         Types 2, 3 or 4

                                               OTHER USES—
                                               Uses not                  Accepted development if a road31-                 If accepted development –
                                               otherwise defined         Development approval is not required              no assessment benchmarks apply

                                                                         Impact assessment —otherwise


                                               29
                                                  A code assessment application is not required for non-compliance with an alternative provision to the QDC. See Section
                                               4.4 above.
                                               30
                                                  A code assessment application is not required for non-compliance with an alternative provision to the QDC. See Section
                                               4.4 above.
                                               31
                                                  All roads are included in a zone. Refer to Part 2 Section 2.10.



                                                                                                         4-16

Section 69

               Division 8—Assessment table for the Rural Zone32
Table 4.6




                                                                                                                                           Including amendments 3 July 2017
                                                                                                                               The Noosa Plan
 CATEGORIES OF DEVELOPMENT AND ASSESSMENT FOR THE RURAL ZONE - MAKING A
                             MATERIAL CHANGE OF USE33
       Column 1                   Column 2                            Column 3
  Defined use or use   Categories of development and      Assessment benchmarks for
         class 34
                                 assessment             assessable development 35 and
                                                           requirements for accepted
                                                                    development
AGRICULTURAL USES—
Consistent use        Accepted development subject to  If accepted development subject to
All Agricultural Uses requirements if—                 requirements and—
                      a)    Cultivation Type 1; or      a) Cultivation Type 1—
Inconsistent use      b)    Animal husbandry Type 1
                                                             i Column 2 of Table 14.1 of
No Agricultural Uses
                                                                the Agricultural Uses
                      Code assessment if—
                                                                Code; and
                      a)    Cultivation Type 1 and not
                            complying with Column 2 of       ii if involving building work–
                            Table 14.1 of the                   Column 2 of Table 14-44-
                            Agricultural Uses Code; or          14-46 of the Building
                      b)    Cultivation Type 2; or              Works Code
                      c)    Animal husbandry Type 1             Boreen Point, Kin Kin and                                              Formatted: Indent: Left: 1.33 cm, No bullets or numbering
                            and not complying with              Cootharaba Locality Code;
                            Column 2 of Table 14.2,             and
                            Agricultural Uses Code; or           Engineering Works Code;                                               Formatted: Normal, Indent: Left: 0.69 cm, Tab stops: 0.57
                      d)    Forestry                        or                                                                         cm, Left
                                                        b) Animal husbandry Type 1—                                                    Formatted: Font: Italic
                      Impact assessment if Animal
                      husbandry Type 2                       i Column 2 of Table 14.2,                                                 Formatted: Font: Italic
                                                                Agricultural Uses Code;
                                                                and
                                                                                      ii   if involving building work–
                                                                                           Column 2 of Table 14-44-
                                                                                           14-46 of the Building
                                                                                           Works Code;
                                                                                           Boreen Point, Kin Kin and
                                                                                           Cootharaba Locality Code;
                                                                                           and
                                                                                           Engineering Works Code

                                                                                If code assessment —
                                                                                a) Agricultural Uses Code; and
                                                                                     a. b)if involving building work–                  Formatted: Numbered + Level: 1 + Numbering Style: a, b, c,
                                                                                         Column 2 of Table 14-44-                      … + Start at: 1 + Alignment: Left + Aligned at: 0.63 cm +
                                                                                         14-46 of the Building                         Indent at: 1.27 cm
                                                                                         Works Code Boreen Point,
                                                                                         Kin Kin and Cootharaba
                                                                                         Locality Code; and

32
   Categories of development and assessment may also be affected by overlays. See overlay maps (OM1.1- OM1.5) and
the provisions of Part 13 to determine whether the land is affected. Also see Part 2 Section 2.6.4 explaining how the higher
category of assessment prevails.
33
   For development other than material change of use refer to assessment table 4.9 (Division 11)
34
   Refer to Part 2, Section 2.11 Dictionary for definitions
35
   Assessment benchmarks are provided to assist with the preparation of an application and, in the case of impact
assessment development, in no way affect the regard to be given to the planning scheme as a whole and other
requirements in accordance with Section 3.5.5 of IPA



                                                            4-17

The text continues on section 70.

The supporting record

Open full page ↗

Source document

Analyse documents ↗Open full page ↗

My Comparisons

Choose two to four records of the same kind. Drag using a handle or use the “Compare” buttons.

Your selected records are saved in this browser for your account. Results use the filters on the page where you choose “Compare selected”.