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

       (b)    code assessment prevails over accepted development where subject to requirements and accepted development
       (c)    impact assessment prevails over code assessment, accepted development where subject to requirements and accepted
              development.

(8)    Despite sub­subsections 5.3.2 (4) and (7) above, a category of assessment in a zone and a category of assessment in an overlay
       overrides a category of assessment in a zone or local plan.
(9)    Provisions of Part 10 Other plans section may override any of the above.
(10)   The category of development prescribed under Schedule 6 of the Regulation override all other categories of development or
       assessment for that development under the planning scheme to the extent of any inconsistency.


Editor's Note—There are no provisions in Part 10.
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.
(11)   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 of the Regulation.


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

(1)    Accepted development does not require a development approval and is not subject to assessment benchmarks. However, 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 outcomes in the relevant parts of
       the applicable code(s) as identified in the relevant column.
(2)    Accepted development that does not comply with one or more of the nominated acceptable outcomes in the relevant parts of the
       applicable code(s) becomes code assessable development unless otherwise specified.
(3)    The following rules apply in determining assessment benchmarks for each category of development and assessment:
(4)    Code assessable development:
       (a)    is to be assessed against all the assessment benchmarks identified in the assessment benchmarks column;
       (b)    that occurs as a result of development becoming code assessable pursuant to sub­section 5.3.3(2), must:
              (i)    be assessed against the assessment benchmarks for the development application, limited to the subject matter of
                     the required acceptable outcomes that were not complied with or were not capable of being complied with under
                     sub­section 5.3.3(2)
              (ii)   comply with all required acceptable outcomes identified in sub­section 5.3.3(1), other than those mentioned in sub­
                     section 5.3.3(2);

       (c)    that complies with the performance or acceptable outcomes complies with the purpose and overall outcomes of the code;
       (d)    is to be assessed against any assessment benchmarks for the development identified in section 26 of the Regulation.



Editor's Note—Section 27 of the Regulation identifies the matters code assessment must have regard to.


(5)    Impact assessable development:
       (a)    is to be assessed against the identified assessment benchmarks in the assessment benchmarks column (where
              relevant)
       (b)    is to be assessed having regard to the whole of the planning scheme, to the extent relevant
       (c)    is to be assessed against any assessment benchmarks for the development identified in section 30 of the Regulation


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.


  **FINAL DRAFT ­ Post Consultation 2019**
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