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

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.



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