2017-06-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                          6 JUNE 2017


6                        ALIGNMENT AMENDMENTS TO THE NOOSA PLAN 2006 - PLANNING ACT 2016
DOCUMENT INFORM AT ION




Author                               Planning Scheme Project Manager, Raul Weychardt
                                     Planning and Infrastructure

Index                                ECM/Subject/Draft Alignment Amendments

Attachments                          1.   Draft Alignment Amendments – The Noosa Plan
                                          (937 page attachment provided separately to this report)



EXECUTIVE SUMMARY
The purpose of this report is to seek Council approval to amend The Noosa Plan 2006 to align
with the Planning Act 2016 consistent with the Minister’s Alignment Amendment Rules and the
draft alignment amendments contained in Attachment 1.

RECOMMENDATION
That Council note the report by the Planning Scheme Project Manager to the Planning &
Environment Committee Meeting dated 6 June 2017 and
A.                       Prepare an alignment amendment to The Noosa Plan 2006 under the Alignment
                         Amendment Rules made by the Planning Minister under section 293 of the Planning Act
                         2016 as outlined in Attachment 1 – Draft Alignment Amendments - The Noosa Plan;
B.                       Adopt the alignment amendments as outlined in Attachment 1 to take effect on the
                         commencement of the Planning Act 2016 on 3 July 2017;
C.                       Give notice of the alignment amendments by placing a public notice in the local newspaper,
                         government gazette and Noosa Council website; and
D.                       Provide the Chief Executive of the Department of Local Government, Infrastructure and
                         Planning a copy of the public notice and a copy of the alignment amendment.


REPORT
Background
On 3 July 2017, the Planning Act 2016 (the Act) will commence and replace the Sustainable
Planning Act 2009 (SPA) as Queensland’s new planning legislation. The Act includes new
provisions, decision rules and terminology different to SPA, including for example, changes to
terminology surrounding categories of development and assessment.
Chapter 8 of the Act contains transitional provisions providing for the legal transition of existing
planning schemes and terminology. Notwithstanding this, the Minister has provided a set of rules
outlining a process for Council to make certain non-substantial changes (alignment amendments)
to planning schemes to reflect the Act.
The Minister’s rules allow for Council to determine the extent of the alignment amendments with
options to apply all or part of the regulated requirements under the Act. It is at the Council’s
discretion to either undertake alignment amendments or continue under the transitional
provisions.
The rules allow for Council to make non-substantial changes to reflect the Act including:
1.                       improving and clarifying assessment benchmarks, notably codes, to ensure they are
                         sufficiently robust;
2.                       reformatting or revising the structure of the planning scheme to improve its clarity or
                         operation;

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