sara-idas-checklist-2-material-change-of-use

Schedule 3 Assessable Development Checklist 2—Material change of use
(Sustainable Planning Act 2009 version 3.2 effective 1 October 2014)

This checklist only applies when the development application seeks approval for a material change of use of premises. Before completing this checklist, please complete Checklist 1—Various aspects of development.

You may complete this checklist as part of your development application. The checklist will:
help you identify whether you need to make a development application for the proposed development
help you identify the relevant Integrated Development Assessment System (IDAS) forms you need to complete as part of your application
assist in identifying the assessment manager or referral agency for development that is assessable development under schedule 3 of the Sustainable Planning Regulation 2009.

If your development involves reconfiguring a lot, building work or operational work, it is recommended you complete the relevant checklists: Checklist 3—Reconfiguring a lot, Checklist 4—Operational or Checklist 5—Building work, where relevant.

If you are unsure how to answer any questions on this checklist, phone or visit your local government, or go to the Department of State Development, Infrastructure and Planning’s (DSDIP) website at www.dsdip.qld.gov.au

All terms used in this checklist have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation 2009.

Part 1—General questions

1.1	Is the proposed material change of use of premises for a brothel?

X	No 	Continue to question 1.2

Yes	Complete part 2 of this checklist

1.2	Is the proposed material change of use of premises on strategic port land?

X	No 	Continue to question 1.3

Yes	Complete part 3 of this checklist

1.3	Is the proposed material change of use of premises on airport land?

X	No 	Continue to question 1.4

Yes	Complete part 4 of this checklist

1.4	Is the proposed material change of use of premises for a major hazard facility or proposed major hazard facility?

X	No 	Continue to question 1.5

	Yes	A development permit is required.
The chief executive of DSDIP will be assessment manager or concurrence agency for the development application.
You must complete IDAS form 22—Major hazard facility.

Section reference:
Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 5
Sustainable Planning Regulation 2009, schedule 6, table 3, item 4
Sustainable Planning Regulation 2009, schedule 7, table 2, item 8

1.5	Is the proposed material change of use of a potentially affected premises?

X	No 	Continue to question 1.6

Yes	Complete part 5 of this checklist

1.6	Is the proposed development a potentially sensitive material change of use of premises?

X	No 	Continue to question 1.7

Yes	Complete part 6 of this checklist

1.7	Is the proposed material change of use of premises for aquaculture?

X	No 	Continue to question 1.8

Yes	Complete part 7 of this checklist

1.8	Is the proposed material change of use of premises for an environmentally relevant activity that, under the Environmental Protection Regulation 2008, section 16, is identified as a concurrence ERA (the relevant ERA)?

X	No 	End of part 1 of checklist

Yes	Complete part 8 of this checklist

Part 2—Brothel

2.1	Do any of the following apply?

More than five rooms in the proposed brothel are proposed to be used for providing prostitution.	 Yes  No
Any land, the subject of the development, is in, or within 200 metres of the closest point on any boundary of, a primarily residential area, or an area approved for residential development or intended to be residential in character (measured according to the shortest route a person may reasonably and lawfully take, by vehicle or on foot, between the land the subject of the development and the other land).	 Yes  No
Any land, the subject of the development, is within 200 metres of the closest point on any boundary of land on which there is a residential building, place of worship, hospital, school, kindergarten or any other facility or place regularly frequented by children for recreational or cultural activities (measured according to the shortest route a person may reasonably and lawfully take, by vehicle or on foot, between the land the subject of the development and the other land).	 Yes  No
Any land, the subject of the development, is within 100 metres of the closest point on any boundary of land on which there is a residential building, place of worship, hospital, school, kindergarten or any other facility or place regularly frequented by children for recreational or cultural activities, measured in a straight line.	 Yes  No
The land, the subject of the development, is in a town with a population of less than 25 000, the local government for the local government area has required that all material changes of use for such development within the area be prohibited, and the Minister has agreed that the development should be prohibited.	 Yes  No

If yes to any of the above, this aspect of the development is prohibited development and a development application cannot be made.
If no to all of the above, a development permit is required. You must complete IDAS form 9—Brothel, and submit your application to the local government if the development is completely in a single local government area.

Section reference:
Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 2
Sustainable Planning Regulation 2009, schedule 6, table 1, item 1(a)(iv)
Sustainable Planning Act 2009, schedule 1, item 5

Part 3—Strategic port land

3.1	Do any of the following apply?

The proposed material change of use of premises is inconsistent with the land use plan approved under the Transport Infrastructure Act 1994.	 Yes  No
The proposed material change of use of premises is assessable development under the land use plan approved under the Transport Infrastructure Act 1994, but is not inconsistent with it.	 Yes  No

If yes to either of the above, a development permit is required. The port authority may be the assessment manager for the development application (see schedule 6 of the Sustainable Planning Regulation 2009).
If the proposed material change of use of premises is inconsistent with the land use plan, you are also required to refer the application to the Minister under the Transport Infrastructure Act 1994 as concurrence agency.
You must complete IDAS Form 10—Inconsistent development on strategic port land or Brisbane core port land.

Section reference:
Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 3
Sustainable Planning Regulation 2009, schedule 3, part 1, table 5, item 6
Sustainable Planning Regulation 2009, schedule 6
Sustainable Planning Regulation 2009, schedule 7, table 2, item 6

Part 4—Airport land

4.1	Do any of the following apply?

The proposed material change of use of premises is inconsistent with the land use plan approved under the Airport Assets (Restructuring and Disposal) Act 2008.	 Yes  No
The proposed material change of use of premises is assessable development under the land use plan approved under the Airport Assets (Restructuring and Disposal) Act 2008 for the airport land, but is not inconsistent with it.	 Yes  No

If yes to either of the above, a development permit is required for this aspect of development. The chief executive of DSDIP may be the assessment manager (see schedule 6 of the Sustainable Planning Regulation 2009).
If the proposed material change of use of premises is inconsistent with the land use plan approved under the Airport Assets (Restructuring and Disposal) Act 2008, you are also required to refer the application to the chief executive of DSDIP as concurrence agency, if the chief executive of DSDIP is not the assessment manager.
You must complete IDAS Form 5—Material change of use assessable against a planning scheme.

Section reference:
Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 4
Sustainable Planning Regulation 2009, schedule 3, part 2, table 5, item 7
Sustainable Planning Regulation 2009, schedule 6, table 2, item 2

Part 5—Potentially affected premises

5.1	Do any of the following apply?

A suitability statement has been given for the premises, a site management plan has been approved in relation to the proposed use and the material change of use only involves:
the fit-out of a building, or
minor site excavation (e.g. post holes for open-sided non-habitable structures).	 Yes  No
The proposed use is industrial and only involves minor site excavation (e.g. post holes for open-sided non-habitable structures).	 Yes  No

If no to both of the above:
A development permit is required for this aspect of development
The development application will require assessment by the chief executive of DSDIP, as assessment manager or concurrence agency
You must complete IDAS form 24—Contaminated land
If yes to either of the above, this aspect of development is not assessable development but it is recommended that you provide a copy of any suitability statement or approved site management plan to the assessment manager to support your claim for exemption if any other aspects of your proposed use are assessable development.

Section reference:
Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 6
Sustainable Planning Regulation 2009, schedule 6
Sustainable Planning Regulation 2009, schedule 7, table 2, item 23

Part 6—Potentially sensitive material change of use

6.1	Do either of the following apply?

All or part of the premises is used for, or if there is no existing use, was last used for, an industrial activity (other than a mining activity or chapter 5A activity).	 Yes  No
All or part of the premises is in an area for which an area management advice has been given for natural mineralisation or industrial activity (other than for a mining activity or a chapter 5A activity).	 Yes  No

If yes to either of the above:
A development permit is required
The development application requires assessment by the chief executive of DSDIP as assessment manager or concurrence agency
You must complete IDAS form 24—Contaminated land
If no to all of the above, this aspect of development does not require a development permit.

Section reference:
Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 7
Sustainable Planning Regulation 2009, schedule 6
Sustainable Planning Regulation 2009, schedule 7, table 2, item 23

Part 7—Aquaculture

7.1	Will the proposed material change of use of premises for aquaculture cause discharge of waste into Queensland waters (as defined in section 36 of the Acts Interpretation Act 1954)?

	No 	Continue to question 7.2

Yes	End of part 7 of this checklist

7.2	Do any of the following apply?

The aquaculture is:
of indigenous freshwater fish species mentioned in the Fisheries Regulation 2008, schedule 10C
in a catchment listed in that schedule for that species for aquarium display or human consumption only
carried out in ponds, or using above-ground tanks, that have a total water surface area of no more than five hectares.	 Yes  No
The aquaculture is of indigenous freshwater fish for aquarium display or human consumption only, or non-indigenous freshwater fish for aquarium display only, and is carried out using only above-ground tanks that have:
a floor area, excluding water storage area, of no more than 50m2
a roof impervious to rainwater.	 Yes  No
The aquaculture is of indigenous marine fish for aquarium display only and is carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 50m2.	 Yes  No

If no to all of the above:
A development permit is required for this aspect of development and this aspect of development requires assessment by the chief executive of DSDIP as assessment manager or concurrence agency
You must complete IDAS form 25—Aquaculture
End of part 7 of this checklist
If yes to any of the above:
A development permit is not required for this aspect of development, but the proposed material change of use will be self assessable development and must comply with applicable codes
End of part 7 of this checklist

Section reference:
Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 10
Sustainable Planning Regulation 2009, schedule 3, part 2, table 2, item 1
Sustainable Planning Regulation 2009, schedule 6
Sustainable Planning Regulation 2009, schedule 7, table 2, item 28

Part 8—Environmentally relevant activities (ERA)

8.1	Has an environmental authority to carry out a concurrence ERA been approved for the premises?

	No	Continue to question 8.4

Yes	Continue to question 8.2

8.2	Is the relevant ERA and the concurrence ERA approved under the environmental authority to be carried out under the environmental authority?

	No	Continue to question 8.4

Yes	Continue to question 8.3

8.3	Does the relevant ERA have a lower aggregate environmental score than the concurrence ERA approved under the environmental authority, under the Environmental Protection Regulation 2008, section 14(1)?

	No	Continue to question 8.4

Yes	This aspect of development does not require a development permit. End of checklist

8.4      Do all of the following apply?

The environmentally relevant activity is to be carried out in the North Stradbroke Island Region.	 Yes  No
The environmentally relevant activity is mentioned in the Environmental Protection Regulation 2008, schedule 2, part 4, section 16.	 Yes  No
The environmentally relevant activity involves dredging or extracting more than 10 000 tonnes of material a year.	 Yes  No

If yes to all of the above, this aspect of development is prohibited development (to the extent it involves dredging or extracting more than 10 000 tonnes of material a year) and a development application cannot be made. If this is the only aspect of development, end of checklist, otherwise continue to question 8.5
If no to any of the above, continue to question 8.5

8.5	Is the concurrence ERA devolved to local government under the Environmental Protection Regulation 2008?

	No	A development permit is required and this application requires assessment by the chief executive of DSDIP as assessment manager or concurrence agency
Your application must include IDAS form 8—Environmentally relevant activity
End of checklist

Yes	A development permit is required and this application requires assessment by the local government as assessment manager or concurrence agency
End of checklist

Section reference:
Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 1
Sustainable Planning Regulation 2009, schedule 6
Sustainable Planning Regulation 2009, schedule 7, table 2, item 1
Sustainable Planning Act 2009, schedule 1, item 13

Privacy—Please refer to your assessment manager, referral agency and/or building certifier for further details on the use of information recorded in this form.

Disclaimer:
While DSDIP believes that the information contained on this checklist and provided as part of this process will be of assistance to you, it is provided on the basis that you will not rely on the information. It is your responsibility to make your own enquiries regarding the interpretation and application of the applicable legislation to your circumstances.

To the full extent permitted by law, DSDIP expressly disclaims all liability (including but not limited to liability for negligence) for errors or omissions of any kind or for any loss (including direct and indirect losses), damage or other consequence which may arise from your reliance on this process and the information contained on this checklist.

OFFICE USE ONLY

Date received
Reference numbers

The Sustainable Planning Act 2009 is administered by DSDIP. This checklist and all other required application materials should be sent to your assessment manager and any referral agency.

		Checklist 2—Material change of use
		Version 3.2—1 October 2014

Department of State Development, Infrastructure and Planning
PO Box 15009 City East Qld 4002
tel 13 QGOV (13 74 68)
[email protected]

www.dsdip.qld.gov.au