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

        (c)    prohibited development.
Editor's Note—A development application may not be made for prohibited development. Schedule 10 of the Regulation prescribes prohibited
development.
(2)    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 Part 5 (Tables of Assessment).
Editor's Note—Section 43 of the Act 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.
Editor's Note—In a development application, the applicant may request 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.

1.5                 Hierarchy of assessment benchmarks
(1)    Where there is inconsistency between provisions in the planning scheme, the following rules apply:
        (a)    the strategic framework prevails over all other components to the extent of the inconsistency for impact assessment
        (b)    relevant codes are 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
        (d)    local plan codes prevail over zone codes, use codes and other development codes to the extent of the inconsistency
        (e)    zone codes prevail over use codes and other development codes to the extent of the inconsistency

1.6                 Building work regulated under the planning scheme
(1)    Section 17(b) of the Regulation identifies the assessment benchmarks for building work that a local planning instrument must not
       change the effect to the extent the building work is regulated under the building assessment provisions, unless permitted under
       the Building Act 1975.
(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 a assessment benchmark 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).
(3)    This planning scheme, through Part 5 Tables of Assessment, regulates building work in accordance with sections 32 and 33 of
       the Building Act 1975.
Editor's Notes—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, MP1.2 and MP1.3 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, on­site
      parking and outdoor living spaces etc. 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

Editor's Note—Refer to Schedule 9 of the Regulation to determine assessable development, the type of assessment and any referrals applying to the
building work.
(4)    The building assessment provisions are specified in Table 1.6.1 ­ Building assessment provisions below.

Table 1.6.1         Building assessment provisions

Column 1                                                                   Column 2
Building assessment matter addressed in the planning scheme Relevant section of the planning scheme

Flood hazard




  **FINAL DRAFT ­ Post Consultation 2019**
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