2019-07-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         9 JULY 2019


Under the Planning Act 2016 the minor change application;
    must be assessed against, all matters the responsible entity would or may assess against or
      have regard to, if the change application were a development application; and
    another matter that the responsible entity considers relevant; and
    must be assessed against, or have regard to, the matters that applied when the development
      application was made and;
    may be assessed against, or have regard to, the matters that applied when the change
      application was made.
As detailed above the Planning Act enables a broad ambit of material for Council to consider when
assessing the minor change. When assessing the extension to the currency period under both
the Sustainable Planning Act and the Planning Act the following matters we considered relevant
and remain relevant to the current minor change application:
South East Queensland Regional Plan
In accordance with the South East Queensland Regional Plan (SEQRP) the subject site is
identified as a Regional Landscape and Rural Production Area (RLRPA).
A strategic direction of the SEQRP is to protect the regional landscape recognising that South East
Queensland’s rural and natural landscape areas support environmental, rural production,
recreational, cultural and scenic functions. They underpin the region’s liveability and viability, and
will be protected from urban development and rural residential subdivision.
The SEQRP identifies the intent of the RLPRA to identify land with regional landscape, rural
production or other non-rural values. It seeks to protect this land from inappropriate development
particularly urban or rural residential development recognising that these areas of land include
significant biodiversity values, important regional ecosystems, good quality agricultural land,
cultural and landscape values and land that forms important inter urban breaks.
Regulatory provisions of the SEQRP apply to the RLPRA. The restrictions restrict:
    further fragmentation of land holdings;
    urban development, except within established villages;
    the expansion of rural residential development outside areas already allocated in local
      government planning schemes.
The Planning Regulation 2017 identifies that subdividing a lot completely or partly in the SEQ
regional landscape or rural production area is prohibited development (a copy of the relevant
provision is contained at Attachment 2). Prohibited development is development for which an
application may not be made.
Accordingly, it is considered that the proposed minor change request seeking an extension to the
sunset condition does not accord with the current policies and regulatory requirements of the
SEQRP. Notably the exemptions from the SEQRP that the current approval relied upon would not
apply today. The development would result in the creation of an urban settlement within an area
where the intent is to protect the landscape and capacity for rural production. The proposed urban
development is not located within an established village and would result in fragmentation of land
holdings outside of areas already allocated for such purpose by the Noosa Plan.
ShapingSEQ is the most recent regional plan for South East Queensland and was released by the
Queensland State Government in August 2017. Regional Plans have an outlook of 25 years from
when the draft is prepared and therefore ShapingSEQ is based on projections to 2041.
The plan continues with regulatory approaches towards prohibiting urban development outside the
Urban Footprint and restricting subdivision in the rural areas to a minimum lot size of 100 hectares.



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