Draft Planning Scheme - for public consultation Draft Planning Scheme - for public consultation

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Part 1   About the planning scheme

1.1 Introduction
1.2 Planning Scheme components
1.3 Interpretation
1.4 Categories for development
1.5 Hierarchy of assessment criteria
1.6 Building work regulated under the planning scheme

 

1.1  Introduction

  1. The Burke Shire Council (planning scheme) has been prepared in accordance with the Sustainable Planning Act 2009 (the Act) as a framework for managing development in a way that advances the purpose of the Act.
  2. In seeking to achieve this purpose, the planning scheme sets out Burke Shire Council (BSC) intention for the future development in the planning scheme area, over the next 20 years.
  3. The planning scheme applies to the planning scheme area of Burke Shire Council LGA (the Shire) including all premises, roads, internal waterways, local government tidal areas and interrelates with the surrounding local government areas illustrated in Map 1.

Editor’s note—state legislation may state that the planning scheme does not apply to certain areas, e.g. strategic port land under the Transport Infrastructure Act 1994.

Map 1–Local government planning scheme area and context


Burke Shire Planning Scheme - Context Map

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1.2   Planning scheme components

  1. The planning scheme comprises the following components:
    1. about the planning scheme
    2. state planning provisions
    3. the strategic framework
    4. the local government infrastructure plan
    5. tables of assessment
    6. the following zones:
      1. Recreation and Open Space Zone
      2. Rural Zone
      3. Rural Residential Zone
      4. Township Zone, inclusive of the following precincts:
        1. Commercial
        2. Industrial
        3. Residential
    7. the following development codes:
      1. Community residence code
      2. Forestry for wood production code
      3. Reconfiguring a lot (subdividing one lot into two lots) and associated operational works code
    8. the following use codes:
      1. General development code
      2. Non-resident workforce accommodation code
    9. other development codes:
      1. Operational works code
      2. Reconfiguring a lot code
    10. the following schedules:
      1. Schedule 1 – Definitions
      2. Schedule 2 – Mapping
      3. Schedule 3 – Local government priority infrastructure plan including mapping and supporting material
      4. Schedule 4 – Land designated for community infrastructure
      5. Schedule 5 – Local Heritage Places

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1.3   Interpretation

1.3.1   Definitions

  1. A term used in the planning scheme has the meaning assigned to that term by:
    1. the Act; or
    2. the Sustainable Planning Regulation 2009 (the Regulation); or
    3. the definitions in Schedule 1 of the planning scheme; or
    4. the Acts Interpretation Act 1954; or
    5. the ordinary meaning where that term is not defined in the Act, the Regulation, Schedule 1 of the planning scheme or the Acts Interpretation Act 1954.
  2. In the event a term has been assigned a meaning in more than one of the instruments listed in clause 1.3.1(1), the meaning contained in the instrument highest on the list will prevail.
  3. A reference in the planning scheme to any act includes any regulation or instrument made under it, and where amended or replaced, means the amended or replaced act.
  4. A reference in the planning scheme to a specific resource document or standard, means the latest version of the resource document or standard.
  5. A reference to a part, section, table or schedule is a reference to a part, section, table or schedule of the planning scheme.

1.3.2   Standard drawings, maps, notes, editor’s notes and footnotes

  1. Standard drawings contained in codes or schedules are part of the planning scheme.
  2. Maps provide information to support the outcomes and are part of the planning scheme.
  3. Notes are identified by the title “note” and are part of the planning scheme.
  4. Editor’s notes and footnotes are extrinsic material, as per the Acts Interpretation Act 1954, are identified by the title “editor’s note” and “footnote” and are provided to assist in the interpretation of the planning scheme; they do not have the force of law.

Note—this is an example of a note.
Editor’s note—this is an example of an editor’s note.
Footnote—this is an example of a footnote.

1.3.3   Punctuation

  1. A word followed by “;” or “; and” is considered to be “and”
  2. A word followed by “; or” means either or both options can apply.

1.3.4   Zones for roads, closed roads, waterways and reclaimed land

  1. The following applies to a road, closed road, waterway or reclaimed land in the planning scheme area:
    1. if adjoined on both sides by land in the same zone—the road, closed road, waterway or reclaimed land is in the same zone as the adjoining land; or
    2. if adjoined on one side by land in a zone and adjoined on the other side by land in another zone—the road, closed road, waterway or reclaimed land is in the same zone as the adjoining land when measured from a point equidistant from the adjoining boundaries; or
    3. if the road, closed road, waterway or reclaimed land is adjoined on one side only by land in a zone—the entire waterway or reclaimed land is in the same zone as the adjoining land; or
    4. if the road, closed road, waterway or reclaimed land is covered by a zone then that zone applies.

Editor’s note—the boundaries of the local government area are described by the maps referred to within the Local Government (Operations) Regulation 2010.

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1.4   Categories of development

  1. The categories of development under the Act are:
    1. exempt development
      Editor’s note – A development permit is not required for exempt development.
    2. self-assessable development
      Editor’s note – A development permit is not required for self-assessable development
    3. development requiring compliance assessment
      Editor’s note – A compliance permit is required for development requiring compliance assessment.
    4. assessable development
      Editor’s note – A development permit is required for assessable development.
    5. prohibited development.
      Editor’s note – A development application or a request for compliance assessment cannot be made for prohibited development.
  2. The Act and regulation prescribe levels of assessment for certain types of development.
  3. The planning scheme also states the level of assessment for certain types of development in the planning scheme area in Part 5 (5.3).

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1.5   Hierarchy of assessment criteria

  1. Where there is inconsistency between provisions in the planning scheme, the following rules apply:
    1. the strategic framework prevails over all other components to the extent of the inconsistency
    2. statewide codes prevail over all other components (other than the strategic framework) to the extent of the inconsistency
    3. zone codes prevail over use codes and other development codes to the extent of the inconsistency

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1.6   Building work regulated under the planning scheme

  1. Section 78A of the Act states that a local planning instrument must not include provisions about building work to the extent the building work is regulated under the building assessment provisions, unless permitted under the Building Act 1975.
  2. The building assessment provisions are listed in section 30 of the Building Act 1975.
    Editor’s note—the building assessment provisions are stated in Section 30 of the Building Act 1975 and are a code for integrated development assessment system for the carrying out of building assessment work or self-assessable work (see also Section 31 of the Building Act 1975).
  3. This planning scheme, through Part 5, regulates building work in accordance with Sections 32 and 33 of the Building Act 1975.
    Editor’s note—the Building Act 1975 permits planning schemes to:
  • regulate, for the Building Code of Australia (BCA) or the Queensland Development Code (QDC), matters prescribed under a regulation under the Building Act 1975 (section 32).  For example, building height and space for on-site parking. It may also regulate other matters such as designating floor levels of habitable rooms in flood areas, designating areas as being subject to bushfire hazard, noise corridors and end-of-trip facilities;
  • deal with an aspect of, or matter related or incidental to building work prescribed under a regulation under Section 32 of the Building Act 1975;
  • specify alternative planning scheme provisions under Section 33 of the Building Act 1975. This relates to alternative design solutions for boundary clearance and site cover provisions MP 1.1, 1.2 and 1.3 of the QDC.

    Refer to Schedule 3 of the Regulation to determine assessable development and the type of assessment.

Editor’s note—a decision in relation to building work that is assessable development under the planning scheme should only be issued as a preliminary approval. See Section 83(b) of the Building Act 1975.

Editor’s note—in a development application the applicant may request preliminary approval for building work. The decision on that development application can also be taken to be a referral agency’s response under Section 271 of the Act, for building work assessable against the Building Act 1975. The Decision Notice must state this.

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