2017-06-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       6 JUNE 2017


3.    replacing terminology or language with terminology consistent with the Act, including but
      not limited to names of categories of development or categories of assessment;
4.    changes of form not involving substantial changes of substance.

Proposal

To ensure a seamless transition and interpretation of the Act’s new terminology, it is proposed to
undertake limited alignment amendments to The Noosa Plan 2006 under the Minister’s rules.

The alignment amendments to The Noosa Plan 2006 will only relate to terminology and matters
regarding the categories of development and assessment. The alignment amendments are
shown as track changes in Attachment 1 and include:

1.    New terminology and definitions for the categories of development under the Act;
2.    New clauses outlining the process for determining the categories of development
      assessment;
3.    New clauses outlining the hierarchy of assessment benchmarks;
4.    New clauses determining the requirements for accepted development and benchmarks for
      assessable development;
5.    Changes to the assessment tables in response to new terminology.

The key changes to terminology between SPA and the Planning Act are outlined below.

SPA terminology                Planning Act terminology
Exempt                         Accepted development
Self-assessable                Accepted development subject to requirements
Code assessable                Code assessment
Impact assessable              Impact assessment
Assessment criteria            Assessment benchmarks for assessable development; or
                               Requirements for accepted development
Levels of assessment           Categories of development and assessment

It is also proposed to make minor amendments to correct anomalies in the Noosa Plan and
improve the robustness of locality, overlay and development codes. Specifically, the content of
text boxes in The Noosa Plan (currently regarded as extrinsic material) have been translated as
desired environmental outcomes in Part 3 and overall outcomes in the locality and overlay codes
in Parts 4-13 of The Noosa Plan 2006.

Process

The process for making an alignment amendment under the Minister’s rules requires Council to
resolve to prepare and commence the alignment amendments and notify the public of the
amendments on its commencement.

The process for making an alignment amendment is outlined below:

1.    Council decides to make an alignment amendment to a local planning instrument under the
      Minister’s rules;
2.    Council prepares the alignment amendment;
3.    Council decides to commence the alignment amendment on the date the Act commences;
4.    Council places a public notice about the alignment amendment in the government gazette,
      local newspaper and council website;
5.    Council gives the Chief Executive Officer of the Department of Infrastructure, Local
      Government and Planning a copy of the alignment amendments.



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