2015-11-10 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                           10 NOVEMBER 2015


4.    ASSESSMENT
4.1   Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each of the
following statutory planning instruments to the extent they are relevant to the development:
    State Planning Policies;
    the South East Queensland Regional Plan;
    State Planning Regulatory Provisions;
    any Structure Plan or Master Plan in place for declared areas;
    any Preliminary Approval Overriding the Planning Scheme for the land;
    the Planning Scheme for the local government area; and
    any Temporary Local Planning Instrument in place for the local government area.
Of these, the statutory planning instruments relevant to this application are discussed in the
sections that follow.
4.2   State and Other Statutory Instruments
South East Queensland (SEQ) Regional Plan 2009 - 2031
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan.
State Planning Regulatory Provisions
The following State Planning Regulatory Provisions apply to the application:
    SEQ Regional Plan Regulatory Provisions
The proposal is for an urban activity within the Urban Footprint and is consistent with the SEQ
Regional Plan Regulatory Provisions
4.3   Statutory Instruments – Planning Scheme
The subject site is located in the Eastern Beaches Locality and is zoned Detached Housing. The
proposed Home Based Business Type 2 – Evident use is identified as a consistent use within the
zone and is required to follow a code assessable application process.
Land Use & Works Provisions
The Business Uses Code regulates land use and design is applicable to this application. The
pertinent issues arising out of the assessment against the code are discussed below:
The proposal generally complies with the Probable Solutions of the Code, except for Probable
Solutions 45.1a) & b) outlined below:
Probable Solution 45.1
S45.1 In towns and villages—
                           2
a)     a maximum of 50m is used for the business (excluding parking); and
b)    a maximum of 3 persons are onsite for business purposes at any one time (e.g. operator,
      employee and client) and not more than 1 of the 3 is an employee;
Floor Area
The applicant’s calculation of floor area of 50m² excludes the store room and the entry hallway
which is used for both business and private use. It is agreed the store room can be excluded.
However, it is considered the floor area for the business purposes is 60m² which includes a
portion of the entry hallway used to access the therapy rooms from the reception area. Figure 2
below shows the applicant’s floor area calculation.



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