2015-07-21 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                     21 JULY 2015


3.    ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
    State Planning Policies;
    the South East Queensland Regional Plan;
    State Planning Regulatory Provisions;
    the Planning Scheme for the local government area; and
    any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
3.2. State and Other Statutory Instruments
State Planning Policy

The change of use does not trigger separate assessment against the State Planning Policy.
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the urban footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies and regulatory provisions of the SEQ Regional Plan.
3.3. Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Visitor Mixed Use Zone.
The proposed entertainment and dining use is identified as consistent use within the zone and is
required to follow an impact assessable application process.
Locality Provisions
The Eastern Beaches Locality Code states the following Overall Outcomes sought for the locality
overall and for the Visitor Mixed Use Zone:
7.8.2 (a)   New uses and works are located, designed and managed to—
            i.        be compatible with other uses and works;
            ii.       maintain the safety of people and works;
            iii.      avoid significant adverse impacts on the amenity enjoyed by users of other
                      premises, including acoustic and visual qualities;
            iv.       avoid significant adverse impacts on the natural environment, including native
                      habitat removal, fragmentation and attrition; and
            v.        protect the natural beach experience and overall visual amenity for beach
                      users;
7.8.2 (c)   The Eastern Beaches Locality retains its primary role as a residential area, though
            continues to provide some visitor accommodation and a range of local retail and
            commercial functions at Sunshine Beach, Sunrise Beach and Peregian Beach;




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