How to assess a development application under SPA

Transcription

1 How to assess a development application under SPA Alisha Swain Development Assessment Manager Logan City Council If it is good for Logan, socially, environmentally, economically, together we will make it happen

2 Overview The State planning regulatory provisions; The regional plans; The State planning policies; Local planning instruments; Case studies; and Conclusions.

3 Context Learning's Decision Observation of impacts of decision Implementation / build

4 State Planning Regulatory Provisions A State planning regulatory provision is an instrument made for an area to advance the purpose of the SPA by: a) providing regulatory support for regional planning or master planning; or b) providing for a change for the supply of infrastructure; or c) protecting planning scheme areas from adverse impacts*. A decision must not: be inconsistent with a State planning regulatory provision s324. *Chapter 2, Part 2 of SPA

5 Regional planning plays an important role in delivering statutory plans for Queensland regions. Section 26 of the SPA states that the regional plan prevails if there is an inconsistency between a regional plan and another planning instrument or any other plan, policy or code under an Act*. The Regional Plans *Section 26 of SPA

6 The SPA defines a State planning policy (SPP) as an instrument that advances the purpose of the SPA by stating the State s policy about a matter of State interest and is a statutory instrument which has the force of law*. State Planning Policies *Section 41 of SPA

7 Local Planning Instruments

8 Context Decision Decision starting points Section 313 Code Assessment generally Section 314 Impact Assessment generally Section 316 Assessment for s242 preliminary approvals that affect a local planning instrument

9 Case Study Code assessable SEQ Regional Plan: Urban Footprint Zoning: Residential 250 Area: 4529 m2 Application: 22 Multiple Dwellings Units

10 Case Study Code assessable Key planning matters were non compliance with the acceptable solutions relating to: Density; car parking; and protection and access to existing trunk infrastructure.

11 Case Study - Impact assessable SEQ Regional Plan: Urban Footprint Zoning: Centres Locality Meadowbrook zone sub-areas 1 & 2 of the Logan Planning Scheme 2006 Site Area: 28,360m² Application: Material Change of Use for a Shopping Centre Development

12 Case Study - Impact assessable Key planning matters include: consistent with the SEQ Regional Plan, inconsistent with the Planning Scheme (i.e. exceeds retail hierarchy limitations specified by the DEO). Consideration of future intent to increase gross leasable area in retail centre hierarchy for Meadowbrook, but not formally adopted by the local government. Design to allow for public linkages to adjoining sites.

13 Case Study Preliminary approval SEQ Regional Plan: Urban Footprint Zone: Investigation Zone and Non Urban Zone of the Logan Planning Scheme 2006 Site Area: 503,850 m² Application: Preliminary approval Material Change of Use Investigation/Non Urban Footprint to Residential

14 Case Study - Preliminary approval Key planning matters include: Outside the scope of Council s infrastructure sequencing plan (bring forward infrastructure of park, road, sewer and water connections. Consistent with SEQRP, inconsistent with the Planning Scheme. Community facilities to be incorporated within the overall design to include provision for a local convenience centre with a maximum size of 1,500m². Transition of amenity from rural residential to urban residential.

15 Conclusions S-O-C-K-S