2019-12-11 SM Agenda - Item 1 - Attachment 2 - Final New Noosa Plan Part 1-3 and 5-6 Track Change version

            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                   Relevant section of the planning scheme
      scheme

      Flood hazard
      Identification of part of the planning scheme area as a natural        Schedule 2 Flood hazard overlay maps (flooding and
      hazard management area ­ flood for the BCA and QDC.                    inundation area)

                                                                             Editor's Note— The planning scheme separately advises the
                                                                             level to which floor levels of habitable rooms of a building
                                                                             proposed in a flood hazard area, must be built.



**FINAL DRAFT ­ Post Consultation 2019**                                                                                                       Page 5 of 6