Planning Letter

3.2. Description of Proposal

The proposed development is for a Boundary Realignment on Lots 3, 4, 5 & 6. The following aspect of development is
sought:

▪     Development Permit for Reconfiguring a Lot (Boundary Realignment – 4 into 4 lots)



4. Assessment Of Development Application
4.1. Overview

The Planning Act and its subordinate legislation is the statutory framework for decision making in relation to land use and
development in Queensland.
The proposed development constitutes the following aspects of “development” as defined in Schedule 2 of the Planning
Act:
▪     Reconfiguring a lot


4.2. Category of Assessment

In accordance with section 43 of the Planning Act, the relevant categorising instrument for this development application is
the Noosa Plan 2020 (planning scheme). As previously identified, the planning scheme categorises the proposed
development as code assessable.
Section 45(3) of the Planning Act states:
A code assessment is an assessment that must be carried out only—
(a)       against the assessment benchmarks in a categorising instrument for the development; and
(b)       having regard to any matters prescribed by regulation for this paragraph.
With respect to Section 45(3)(a) of the Planning Act, the Planning Regulation prescribes:
▪     For Section (a), the assessment benchmarks generally.
▪     For Section (b), the matters code assessment must have regard to generally.

The following sections of this Report assess the development application against the remaining relevant matters.


4.3. Planning Regulation 2017

The purpose of the Planning Regulation is to prescribe instruments and address matters provided for under the Planning
Act and provide the mechanics for the operation and implementation of the Planning Act.


4.4. Schedule 12A

Schedule 12A of the Planning Regulation identifies the assessment benchmarks for walkable neighbourhood design for
particular subdivisions. In accordance with Schedule 12A, Part 1 of the Planning Regulation, the proposal is not required
to undertake assessment against the assessment benchmarks contained in Schedule 12A, Part 2 as the development is
not associated with the construction or extension of new road and is not creating any new lots.


4.5. Regional Plan - ShapingSEQ

The site falls within the bounds of the South East Queensland Regional Plan 2023 (ShapingSEQ). ShapingSEQ provides
the framework for managing growth, change, land use and development in the SEQ Region to the year 2046.
The site is located within the Urban footprint defined by ShapingSEQ. Land within the urban footprint is considered
generally suitable for urban development subject to consideration of State and local planning constraints and assessment
matters. The proposed development is consistent with this intent.



www.thereforgroup.com.au                         Boundary Realignment Application | 21-0694P/14
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