User Guide for the Proposed Bundaberg Regional Council Planning
Contents
1. x A ha 4 P AA P RRN Ni wnoastRo PLANNING SCHEME User Guide for the Proposed Bundaberg Regional Council Planning Scheme Introduction The proposed Bundaberg Regional Council Planning Scheme the proposed planning scheme has been prepared under the Sustainable Planning Act 2009 SPA to help guide future land use and development in the Bundaberg Region The proposed planning scheme has been prepared in accordance with the Queensland Planning Provisions QPP The OPP are the standard planning scheme provisions made under the SPA that provide a consistent format and structure for planning schemes across the state The standard suite of zones overlays definitions and development assessment rules in the QPP provide the foundation for the proposed planning scheme The proposed planning scheme has also been prepared to reflect the Wide Bay Burnett Regional Plan September 2011 and the State Planning Policy December 2013 as relevant to the Bundaberg Region This user guide provides information on e The structure and operation of the proposed planning scheme e The different types of development regulated under the proposed planning scheme e The levels of assessment applying to development e Navigating the proposed planning scheme e Using and applying the planning scheme codes and e Applying the assessment rules for development The proposed planning scheme applies to the planning scheme area of the Bundaberg Region2. development codes by including additional and or overriding assessment criteria that apply to development ina particular local plan area Each local plan code is supported by a local area structure plan that helps to illustrate various features and elements within the local plan area that are referred to in the assessment criteria of the code DRAFT FOR PUBLIC CONSULTATION SEPTEMBER 2014 B YT P oe ll a al Sh usoare PLANNING SCHEME Overlay codes Overlays are mapped in Schedule 2 Mapping of the proposed planning scheme and in the State Planning Policy SPP interactive mapping system plan making and identify areas that reflect state or local interests and have one or more of the following e a constraint on land use or development outcomes including acid sulfate soils and areas at risk from natural hazards such as flood bushfire and landslide e areas with a particular sensitivity to or to be protected from the effects of development including areas of environmental value or cultural heritage significance e the presence of natural resources including agricultural land and extractive resource areas e infrastructure to be protected from the effects of development including the Bundaberg Airport state controlled roads rail gas pipelines and major electicity infrastructure Overlay codes are contained in Part 8 Overlays of the proposed planning scheme and provide assessment criteria for the various ov
3. the inconsistency overlays prevail over all other elements other than the strategic framework and statewide codes to the extent of the inconsistency local plan codes prevail over zone codes use codes and other development codes to the extent of the inconsistency zone codes prevail over use codes and other development codes to the extent of the inconsistency and provisions of Part 10 Other plans may override any of the above DRAFT FOR PUBLIC CONSULTATION SEPTEMBER 2014 core PLANNINGSCHEME amp Flow chart Navigating the Proposed Planning Scheme Note Where development is If a material change of use determine the use comprised of a number of definition by reference to Schedule 1 Definitions defined uses or is proposed on premises included in more than one zone or overlay the level of assessment is the highest level for each aspect of the development under each of the applicable zones or overlays Yes The Planning Scheme does not apply The whole Planning Scheme Development must address Development must Self assessable development must meet all applies to the extent the applicable codes or meet all identified of the acceptable outcomes in the applicable relevant provisions listed in the compliance outcomes codes or provisions listed in the assessment assessment criteria column listed in the relevant criteria column in the relevant tables of in the re
4. ION SEPTEMBER 2014 BUNDABERG PLANNING SCHEME Use codes Use codes are contained in section 9 3 of the proposed planning scheme and provide the assessment criteria for a number of defined uses e g Dwelling house code by specifying performance outcomes and acceptable outcomes for development As such the assessment criteria for use codes primarily apply to development for material change of use and are focused on regulating building siting built form and design and managing the general effects of development While the majority of use codes only apply to assessable development the following use codes contain assessment criteria for self assessable development e Caretaker s accommodation code e Dual occupancy code e Dwelling house code e Home based business code e Industry uses code e Market code e Nature and rural based tourism code e Rural uses code and e Sales office code Other development codes Other development codes are contained in section 9 4 of the proposed planning scheme and provide the assessment criteria for development of a stated type e g reconfiguring a lot operational work e g landscaping and other specific aspects of development e g transport and parking Assessment rules for development The OPP provides a number of rules that need to be considered when assessing development and determining compliance with the codes and other provisions of the proposed planning scheme The sec
5. al Council including all premises roads internal waterways and local government tidal areas However the proposed planning scheme does not regulate land use and development in areas designated as Strategic Port Land or Commonwealth Defence land Structure of the Proposed Planning Scheme In accordance with the OPP the proposed planning scheme is structured into 10 parts 6 schedules and 2 appendices as outlined below Ponzos DRAFT FOR PUBLIC CONSULTATION SEPTEMBER 2014 E F Mie Sat i TEN suxpaec PLANNING SCHEME Types of development and levels of assessment The proposed planning scheme regulates the following types of development as defined under the SPA e making a material change of use of premises e g starting a new use or increasing the scale or intensity of an existing use e reconfiguring a lot e g subdivision of land or rearranging lot boundaries e carrying out building work e g building repairing altering or demolishing a building and e carrying out operational work e g filling or excavation civil and landscaping works vegetation clearing and placing an advertising device on premises A proposed development may involve one or more of the above types of development For the types of development described above the proposed planning scheme may identify the following categories of development or levels of assessment as defined under the SPA e Exempt the planning scheme does not ap
6. as follows e self assessable prevails over exempt e compliance assessment prevails over self assessable e code assessable prevails over self assessable and exempt and e impact assessable prevails over code assessable self assessable and exempt If the proposed development is compliance code or impact assessable a development application will be required Step 4 Determine the relevant assessment criteria For the different types of development the tables of assessment in Part 5 of the proposed planning scheme identify the assessment criteria i e the relevant sections of the planning scheme that apply to the assessment of development The provisions of the planning scheme that apply to self assessable development development requiring compliance assessment and code assessable development are identified in the assessment criteria column of the relevant tables of assessment in Part 5 Tables of assessment For impact assessable development the planning scheme as whole applies to the extent relevant In accordance with section 1 5 Hierarchy of assessment criteria of the planning scheme where there is inconsistency between the provisions including the assessment criteria within the planning scheme the following rules apply the strategic framework prevails over all other elements to the extent of the inconsistency statewide codes prevail over all other elements other than the strategic framework to the extent of
7. chart has been provided below to illustrate the process and the steps typically involved Step 1 Determine the type of development When proposing to undertake development it will first be necessary to determine the type of development involved i e is the development a material change of use reconfiguring a lot building work and or operational work These terms are defined in section 10 of the SPA A proposed development may involve one or more of these types of development If the development is a material change of use determine what definition in Schedule 1 Definitions of the proposed planning scheme best fits your proposal Step 2 Determine the mapped attributes of the development site Determine the following mapped attributes of the development site and make a note of these attributes i determine the applicable zone and if relevant zone precinct by reference to Schedule 2 Mapping SC2 2 Zone maps 2 determine if the development site is affected by a local plan by reference to Part 7 Local plans 2 identify any overlays affecting the development site by reference to Schedule 2 Mapping SC2 3 Overlay maps and where relevant the State Planning Policy interactive mapping system plan making Overlays identify areas of land potentially affected by a particular value or physical constraint e g heritage flooding bushfire Some land will be subject to one or more overlays while other land will not be subject to any over
8. ed as being applicable to the development A code assessable development application does not require public notification Development must address the purpose overall outcomes and the performance and acceptable outcomes contained in the codes relevant to the development Consideration of the Strategic framework in Part 3 of the planning scheme may also be required e Impact assessment development will require a development approval from Council under the planning scheme and will be assessed against the planning scheme as a whole to the extent relevant An impact assessable development application requires public notification and provides third party appeal rights to any submitters In addition to the above categories of development Schedule 1 of the SPA outlines the limited circumstances under which development is prohibited development A development application or a request for compliance assessment cannot be made for prohibited development The state also prescribes levels of assessment for certain types of development as reflected in section 5 4 Prescribed levels of assessment of the proposed planning scheme DRAFT FOR PUBLIC CONSULTATION SEPTEMBER 2014 B r YTF n noaie PLANNING SCHEME Navigating the Proposed Planning Scheme The following is a recommended step by step guide to determine whether or not your development proposal will need a development approval from Council and what requirements will apply A flow
9. ed compliance outcomes of the applicable code s identified in the assessment criteria column of the relevant tables of assessment in Part 5 and b that complies with or is conditioned to comply with the compliance outcomes complies with the code s Development requiring compliance assessment that does not comply with one or more of the relevant compliance outcomes will be issued with an action notice requiring compliance Code assessable development As stated at section 5 3 3 c of the proposed planning scheme code assessable development must be assessed against all of the applicable code s identified in the assessment criteria column of the relevant tables of assessment in Part 5 Under the SPA code assessable development must also have regard to the purpose of any instrument containing an applicable code The OPP further provides that the Strategic Framework is considered to be the purpose of the instrument containing an applicable code This means that code assessable development must be assessed with regard to the strategic framework Part 3 of the proposed planning scheme especially when a development is inconsistent with the applicable development codes Because the planning scheme codes are intended to implement the strategic framework at a more detailed level in practice code assessable development will generally only be required to specifically address the strategic framework where it does not comply with the purpose and overall ou
10. erlay elements identified in the overlay maps While mostly applying to assessable development the following overlay codes also contain assessment criteria for self assessable development e Bushfire hazard overlay dual occupancy and dwelling house e Coastal protection overlay dual occupancy and dwelling house e Flood hazard overlay dwelling house and e Landslide hazard overlay any self assessable development Refer to Fact Sheet 6 Overlays for further information on overlays in the proposed planning scheme and their effect on development Development codes Development codes are contained in Part 9 of the proposed planning scheme and provide assessment criteria for particular land uses and other aspects of development Part 9 includes Statewide codes for prescribed development section 9 2 Use codes section 9 3 and Other development codes section 9 4 Statewide codes The following Statewide codes are included in section 9 2 Statewide codes of the proposed planning scheme e Community residence code providing assessment criteria for a self assessable material change of use for a community residence e Reconfiguring a lot subdividing one lot into two lots and associated operational work code providing assessment criteria Compliance outcomes for development requiring compliance assessment as prescribed under Table 5 4 2 Prescribed levels of assessment reconfiguring a lot DRAFT FOR PUBLIC CONSULTAT
11. lays It is important to note that while a parcel of land may be subject to an overlay this does not necessarily mean that a proposal will require a development application the tables of assessment in Part 5 of the proposed planning scheme identify the circumstances where development requires assessment against any particular overlay code Further if an overlay applies to part of a property the overlay provisions will generally only apply to development proposed within the mapped area Step 3 Determine the level of assessment The tables of assessment in Part 5 of the proposed planning scheme identify the level of assessment for the different types of development i e material change of use reconfiguring a lot building work and operational work and the circumstances where development triggers assessment against an overlay code The level of assessment i e exempt self assessable compliance assessment code assessable or impact assessable for development is determined as follows 1 Determine if the development has a prescribed level of assessment see Section 5 4 Prescribed levels of assessment 2 If there is no prescribed level of assessment a fora material change of use having regard to the zone and zone precinct if relevant for the premises and definition for the proposed use determine the initial level of assessment listed in Section 5 5 Levels of assessment Material change of use b for reconfiguring a l
12. levant tables of Statewide codes assessment in Sections 5 5 to 5 10 or assessment in Sections 5 5 to Section 9 2 Section 5 4 for prescribed development If 5 10 Consideration of the self assessable development does not Strategic Framework Part 3 comply with one or more acceptable may also be required outcomes the development becomes code assessable meaning a development application is required and the assessment is limited to the matter of non compliance DRAFT FOR PUBLIC CONSULTATION SEPTEMBER 2014 a YTF ee ll SSS al usoare PLANNING SCHEME Assessment Criteria Using and applying codes Codes contained in the proposed planning scheme set out most of the criteria for the assessment of proposed development i e requirements to be met by development Format and structure of codes In accordance with the QPP the codes in the proposed planning scheme have a generally consistent format and structure as follows e astatement about the application of the code i e what type of development the code applies to e astatement about the purpose of the code e overall outcomes about how the stated purpose of the code will be achieved and e assessment criteria for self assessable development and assessable development presented in a two column table with performance outcomes included in the left hand column and where specified acceptable outcomes identified in the right hand column The purpose overall o
13. ot determine the initial level of assessment listed in Section 5 6 Levels of assessment Reconfiguring a lot c for building work determine the initial level of assessment listed in Section 5 7 Levels of assessment Building work DRAFT FOR PUBLIC CONSULTATION SEPTEMBER 2014 E r a F F ee E usoare PLANNING SCHEME d for operational work determine the initial level of assessment listed in Section 5 8 Levels of assessment Operational work 3 Where an overlay has been identified as affecting the development site determine whether the level of assessment listed in Section 5 10 Levels of assessment Overlays changes the initial level of assessment Where development is comprised of a number of defined uses or is proposed on premises included in more than one zone or is subject to one or more overlays the level of assessment is the highest level for each aspect of the development under each of the applicable zones or overlays It is important to note that the tables of assessment for overlays may change the initial level of assessment in certain circumstances so it is always necessary to check all the relevant tables of assessment in Part 5 of the planning scheme to confirm the level of assessment In this regard where development is identified in the tables of assessment in Part 5 as having a different level of assessment under a zone than under an overlay the highest level of assessment will prevail
14. overlay codes and other development codes Impact assessable development is also assessed against other material as provided for in the SPA Should you have any questions in regards to this user guide or the proposed Bundaberg Regional Council Planning Scheme please contact Council s Development Group Bundaberg Regional Council Development Group P 1300 883 699 E planning scheme bundaberg qld gov au Disclaimer This document deals with technical matters in a summary way only and has been prepared to assist users and the broader community to understand the operation of the proposed Bundaberg Regional Council Planning Scheme It is not a legal interpretation on the use of the proposed planning scheme Some variation to the general guidance provided in this document may occur in some specific situations DRAFT FOR PUBLIC CONSULTATION SEPTEMBER 2014 PAGE 10
15. ply and a development approval will not be required However approvals or licenses may be still be required under other state legislation e g Building Regulation 2006 or Council local laws e Self assessment a development approval will not be required from Council under the planning scheme However the proposed development will still be required to comply with the self assessable acceptable outcomes of the applicable code s in the planning scheme A development application and approval from Council under the planning scheme is required only where the proposed development cannot meet one or more of the self assessable acceptable outcomes of the applicable code s Assessment is limited to the performance outcome s relevant to the matter s of non compliance e Compliance assessment development requires a compliance permit from the Council Under the proposed planning scheme compliance assessment will only be applicable in limited circumstances as provided for under section 5 4 Prescribed levels of assessment being subdivision of one lot into two lots and associated operational work if compliance assessment is required under Schedule 18 of the Sustainable Planning Regulation 2009 Development must meet all identified compliance outcomes listed in the relevant State wide codes Part 9 2 e Code assessment development will require a development approval from Council under the planning scheme and will be assessed against the codes identifi
16. tcomes of an applicable code s Code assessable development that complies with a the purpose and overall outcomes of the code complies with the code b the performance outcomes or acceptable outcomes of the code complies with the purpose and overall outcomes of the code In practice this means that a proposal which complies with the acceptable outcomes of the applicable code is taken to comply with the corresponding performance outcomes and all higher order outcomes of the code overall outcomes and purpose of the code Similarly a proposal which complies with the performance outcomes of the applicable code is taken to comply with the higher order outcomes of the code Where a proposal does not comply with the acceptable outcomes or performance outcomes of an applicable code development complies with the code where it complies with the purpose and overall outcomes of the code Code assessable development that does not comply with the purpose and overall outcomes of the applicable codes will be assessed having regard to Part 3 Strategic framework of the proposed planning scheme DRAFT FOR PUBLIC CONSULTATION SEPTEMBER 2014 anoa PLANNING SCHEME Impact assessable development Impact assessable development is assessed against all elements of the planning scheme which are relevant to the proposed development including Part 3 Strategic framework This may include the relevant zone code local plan code use code and any relevant
17. tions below describe these rules for the different categories of development Self assessable development As stated in section 5 3 3 a of the proposed planning scheme self assessable development a must be assessed against all of the identified self assessable acceptable outcomes of the applicable code s identified in the assessment criteria column of the tables of assessment at Part 5 of the proposed planning scheme b that complies with the self assessable acceptable outcomes of the applicable code s complies with the code s and DRAFT FOR PUBLIC CONSULTATION SEPTEMBER 2014 PAGE 8 suxpaec PLANNING SCHEME c that does not comply with one or more of the identified self assessable acceptable outcomes of the applicable code s generally becomes code assessable development If self assessable development becomes code assessable due to the proposal not complying with one or more of the self assessable acceptable outcomes of an applicable code the code assessment is limited to the subject matter of the acceptable outcomes that were not complied with or not capable of being complied with The development must still however maintain compliance with the remainder of the self assessable acceptable outcomes in the applicable code s Development requiring Compliance assessment As stated in section 5 3 3 b of the proposed planning scheme development requiring compliance assessment a must be assessed against all the identifi
18. utcomes and assessment criteria are used to determine whether development complies with the code in accordance with section 5 3 3 Determining the assessment criteria of the planning scheme Zone codes Zone codes are contained in Part 6 of the proposed planning scheme and provide assessment criteria for development in each of the 19 zones identified in the planning scheme Zone codes only apply to assessable development i e code or impact assessable development Where applicable a zone code may also contain provisions for a precinct in a zone The respective zones and zone precincts are mapped in Schedule 2 Mapping of the planning scheme If effect each zone code outlines the broad intent for the zone via the purpose of the zone code and the overall outcomes with a focus on the type and form of development that is considered appropriate in that zone Local plan codes Local plan codes contained in Part 7 Local plans of the proposed planning scheme provide assessment criteria for development in the following local plan areas e Central coastal urban growth area and e Kalkie Ashfield local development area Local plan codes only apply to assessable development i e code or impact assessable development Local plan codes provide more detailed planning guidance and identify the preferred character and intent for each local plan area In effect local plan codes provide variations to the other planning scheme codes e g zone codes and
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