2019-12-11 SM Agenda - Item 1 - Attachment 5 - Final New Noosa Plan - Part 1-6 - Clean version

5.3                Categories of development and assessment
5.3.1              Process for determining the category of development and the category of
                   assessment for assessable development
The process for determining a category of development and category of assessment is:
(1)   for a material change of use, establish the use by reference to the use definitions in Schedule 1 Definitions.
(2)   for all development, identify the following:
      (a)    the zone or zone precinct that applies to the premises, by reference to the zone map in Schedule 2 Mapping
      (b)    if an overlay applies to the premises, by reference to the overlay maps in Schedule 2 Mapping.

(3)   determine if the development is accepted development under schedule 6 of the Regulation
Editor's Note—Schedule 6 of the Regulation prescribes development that a planning scheme can not state is assessable development where the
matters identified in the schedule are met.
(4)   determine if the development is assessable development under schedule 10 of the Regulation Part 1­12 and 14­21.
(5)   Otherwise, determine the initial category of assessment by reference to the tables in:
      (a)    Section 5.5 ­ Categories of development and assessment—Material change of use
      (b)    Section 5.6 ­ Categories of development and assessment—Reconfiguring a lot
      (c)    Section 5.7 ­ Categories of development and assessment—Building work
      (d)    Section 5.8 ­ Categories of development and assessment—Operational work

(6)   a precinct of a zone may change the categories of development or assessment and this will be shown in the ‘category of
      assessment’ column of the tables in sections 5.5 ­ Categories of development and assessment ­ Material change of use.
(7)   if an overlay applies, refer to Section 5.9 ­ Category of development and assessment—Overlays, to determine if the overlay further
      changes the category of development or assessment.


5.3.2              Determining the category of development and categories of assessment

(1)   A material change of use is assessable development requiring impact assessment:
      (a)    unless the table of assessment states otherwise
      (b)    if a use is not listed or defined
      (c)    unless otherwise prescribed within the Act or the Regulation.

(2)   Reconfiguring a lot is assessable development requiring code assessment unless the tables of assessment state otherwise or
      unless otherwise prescribed within the Act or the Regulation.
(3)   Building work and operational work are accepted development, unless the tables of assessment state otherwise or unless
      otherwise prescribed within the Act or the Regulation.
(4)   Where development is proposed on premises which are included in more than one zone or overlay, the category of assessment
      which applies is the highest category for a zone or an overlay in which the development or any aspect of the development is to
      occur.

Editor's Note—For example, if premises are included in the Rural zone and the Environmental management and conservation zone and a Biodiversity
overlay applies to that part of the premises included in the Environmental management and conservation zone, where development or any aspect of
development is only proposed in the Rural zone part of the premises, then the category of assessment is that applicable to the Rural zone only.


(5)   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.
(6)   For the purposes of schedule 6, Part 2 Material change of use section 2 (2)(d) of the Regulation, an overlay does not apply to the
      premises if the development meets the acceptable outcomes that form the requirements for accepted development in the relevant
      overlay code.
(7)   If development is identified as having a different category of development or category of assessment under a zone than under an
      overlay , the highest category of development or assessment applies as follows:
      (a)    accepted development subject to requirements prevails over accepted development


  **FINAL DRAFT ­ Post Consultation 2019**
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