33
Draft Palm Island State Planning Regulatory Provision November 2015

Draft Palm Island State Planning Regulatory Provision 2015

Embed Size (px)

Citation preview

Page 1: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision

November 2015

Page 2: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision - ii -

© State of Queensland, November 2015. Published by the Department of Infrastructure, Local Government and Planning, 100 George Street, Brisbane Qld 4000, Australia.

Licence: This work is licensed under the Creative Commons CC BY 3.0 Australia licence. To view a copy of the licence, visit www.creativecommons.org/licenses/by/3.0/au/deed.en. Enquiries about this licence or any copyright issues can be directed to the Senior Advisor, Governance on telephone (07) 3224 2085 or in writing to PO Box 15009, City East Qld 4002.

Attribution: The State of Queensland, Department of Infrastructure, Local Government and Planning.

The Queensland Government supports and encourages the dissemination and exchange of information. However, copyright protects this publication. The State of Queensland has no objection to this material being reproduced, made available online or electronically but only if it is recognised as the owner of the copyright and this material remains unaltered.

The Queensland Government is committed to providing accessible services to Queenslanders of all cultural and linguistic backgrounds. If you have difficulty understanding this publication and need a translator, please call the Translating and Interpreting Service (TIS National) on 131 450 and ask them to telephone the Queensland Department of Infrastructure, Local Government, and Planning on 13 QGOV (13 74 68).

Disclaimer: While every care has been taken in preparing this publication, the State of Queensland accepts no responsibility for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. To the best of our knowledge, the content was correct at the time of publishing.

Any references to legislation are not an interpretation of the law. They are to be used as a guide only. The information in this publication is general and does not take into account individual circumstances or situations. Where appropriate, independent legal advice should be sought.

An electronic copy of this report is available on the Department of Infrastructure, Local Government and Planning’s website at www.dilgp.qld.gov.au

D15/132773

Page 3: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision iii

Contents Division 1 – Preliminary ...................................................................................... 1

(a) Short Title ................................................................................................... 1 (b) Definitions ................................................................................................... 1 (c) Expiry of the final SPRP ............................................................................. 1 (d) Why this SPRP is necessary ...................................................................... 1

Division 2 – Development within the Palm Island Local Government Area ........ 2 a) Area to which this draft SPRP applies......................................................... 2 b) Effect of this draft SPRP ............................................................................. 2

Tables of Assessment for specified development within the Palm Island Local Government Area ................................................................... 2

Appendix 1 Mapping ............................................................................................ 4 1.1 Zone Maps ............................................................................................ 4 1.2 Hazard Overlay Maps ......................................................................... 10

Appendix 2......................................................................................................... 16 2.1 Reconfiguring a Lot and Operational Works Code .............................. 16 2.2 General Development Code................................................................ 21

Abbreviations .................................................................................................... 29

Page 4: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 1

Division 1 – Preliminary

(a) Short Title This draft State Planning Regulatory Provision may be cited as the Draft Palm Island

State Planning Regulatory Provision 2015 (draft SPRP).

(b) Definitions Terms not defined in the SPRP have the meaning given in the Sustainable Planning

Act 2009 (SPA) and the Queensland Planning Provisions (QPP).

(c) Expiry of the final SPRP The final SPRP will cease to have effect on the earlier of 31 August 2016, or the date

of the adoption of the Palm Island Aboriginal Shire Planning Scheme.

(d) Why this SPRP is necessary This SPRP addresses a significant risk of serious environmental harm and/or serious

adverse cultural, economic and/or social conditions associated with natural hazards

occurring in or near the Palm Island planning scheme area (the Palm Island Local

Government Area) in circumstances where a direction to the Palm Island Aboriginal

Shire Council under section 126 of SPA is not the most appropriate way to address the

risk.

Page 5: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 2

Division 2 – Development within the Palm Island Local Government Area

a) Area to which this draft SPRP applies

This draft SPRP applies to land located in the Palm Island Local Government Area as

identified on the Zoning and Hazard Overlay Maps in Appendix 1.

b) Effect of this draft SPRP

The SPRP applies to development applications for Reconfiguring a Lot, Carrying out

Operational Work and Making a Material Change of Use of Premises in the Palm Island

Local Government Area and prescribed by the following tables of assessment. Maps

outlining the zone areas and overlays and the codes prescribed for assessment are

contained in Appendices 1 and 2.

The SPRP is to be used in conjunction with the interim development assessment

provisions and mapping of the State Planning Policy (SPP) when assessing a

development application.

Palm Island Aboriginal Council will be an advice agency for the purposes of

development assessment under the SPRP.

Tables of Assessment for specified development within the Palm Island Local Government Area

1. Reconfiguring a Lot and associated Operational Works

Zone Level of assessment Assessment criteria

Reconfiguring a Lot - All Zones

Code assessment Reconfiguring a Lot and Operational Works Code

Operational Works - All Zone

Code assessment where: (a) not part of a material change of use

application, and if below 20m AHD

where construction will involve:

excavation below 5m AHD and/or

removal of 100m3 or more and/or

fill with 500 m3 or more.

OR

(b) if in a hazard, erosion prone area or coastal management district as identified in Appendix 1 maps or SPP mapping.

Reconfiguring a Lot and Operational Works Code

Page 6: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 3

2. Material Change of Use

Use Level of assessment Assessment criteria

Park

Exempt where on Council

owned land

Utility installation

Telecommunications facility

where not located in the

Major Centre Zone

All other uses Code assessment General Development

Code

3. Material Change of Use, Reconfiguring a Lot or Operational Works where in a Hazard Area identified in Appendix 1 mapping or SPP mapping.

Development Level of assessment Assessment criteria

Hazards overlay

Any MCU or RoL in the

coastal management

district, floodplain, erosion

prone area or an area

identified as being affected

by a hazard on an overlay

map contained in

Appendix 1 or SPP

mapping.

Code assessment

General Development

Code

Reconfiguring a Lot and

Operational Works Code

Page 7: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 4

Apendixes

Appendix 1 Mapping

1.1 Zone Maps

Page 8: Draft Palm Island State Planning Regulatory Provision 2015

Z M 1 . 1Z M 1 . 1Z M 1 . 3Z M 1 . 3

Z M 1 . 4Z M 1 . 4

Z M 1 . 2Z M 1 . 2

448000

448000

452000

452000

456000

456000

460000

460000

464000

464000

468000

468000

7907

000

7907

000

7914

000

7914

000

7921

000

7921

000

7928

000

7928

000

7935

000

7935

000

7942

000

7942

000

Map ZM 1.0 Zoning and Precincts (Whole of Shire)

Palm IslandAboriginal Shire CouncilZoning and Precinct Map

LegendLocal Government Area

Retail Precinct

Cultural Precinct

Family Camp Precinct

Environmental Managementand Conservation

General Residential

Industry

Major Centre

Open Space and Recreation

RuralSpecial Purpose

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

0 3 61.5Kilometres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Page 9: Draft Palm Island State Planning Regulatory Provision 2015

Beach Road

Clump

Poin

t Roa

d

Manb

owa R

d

Main St

Sundowner Ridge Rd

Park Rd

Bentley St

Curry Farm Rd

Two St

Farm Rd

Butler Bay Rd

Sailor St

Watson Cresent

Mossman St

Farm / Beach Rd

Beach Road

455400

455400

456000

456000

456600

456600

457200

457200

457800

457800

7926

000

7926

000

7927

000

7927

000

7928

000

7928

000

7929

000

7929

000

7930

000

7930

000

7931

000

7931

000

Map ZM 1.1 Zoning and Precincts (Bwgcolman)

Palm IslandAboriginal Shire CouncilZoning and Precinct Map

LegendLocal Government Area

Retail Precinct

Cultural Precinct

Family Camp Precinct

Environmental Managementand Conservation

General Residential

Industry

Major Centre

Open Space and Recreation

RuralSpecial Purpose

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

0 400 800200Metres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Page 10: Draft Palm Island State Planning Regulatory Provision 2015

Manb

owa R

d

Curry Farm Rd

Farm Rd Solomon Rd

Farm / Beach Rd

456000

456000

456300

456300

456600

456600

456900

456900

457200

457200

457500

457500

7929

000

7929

000

7929

600

7929

600

7930

200

7930

200

7930

800

7930

800

7931

400

7931

400

7932

000

7932

000

Map ZM 1.2 Zoning and Precincts (Francis Creek and The Farm Area)

Palm IslandAboriginal Shire CouncilZoning and Precinct Map

LegendLocal Government Area

Retail Precinct

Cultural Precinct

Family Camp Precinct

Environmental Managementand Conservation

General Residential

Industry

Major Centre

Open Space and Recreation

RuralSpecial Purpose

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

0 200 400100Metres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Page 11: Draft Palm Island State Planning Regulatory Provision 2015

Beach RoadClump Point Road

Main St

Sundowner Ridge Rd

Park Rd

Cribble St

Bentley St

Two St

Sailor St

Beac

h Rd

Creek Rd

Palm Valley Rd

Dee Street

Mango Ave

Stanley

St

Mossman StDormitory Rd

Beac

h Rd

Park Rd

Beach Road

455100

455100

455400

455400

455700

455700

456000

456000

456300

456300

456600

456600

7927

200

7927

200

7927

800

7927

800

7928

400

7928

400

7929

000

7929

000

7929

600

7929

600

Map ZM 1.3 Zoning and Precincts (Town Centre and Reservoir Ridge)

Palm IslandAboriginal Shire CouncilZone and Precinct Map

LegendLocal Government Area

Retail Precinct

Cultural Precinct

Family Camp Precinct

Environmental Managementand Conservation

General Residential

Industry

Major Centre

Open Space and Recreation

RuralSpecial Purpose

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

0 200 400100Metres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Page 12: Draft Palm Island State Planning Regulatory Provision 2015

Beach Road

Sundowner Ridge Rd

Butler Bay Rd

Watson Cresent

Beach Road

455100

455100

455400

455400

455700

455700

456000

456000

456300

456300

456600

456600

7924

800

7924

800

7925

400

7925

400

7926

000

7926

000

7926

600

7926

600

7927

200

7927

200

7927

800

7927

800

Map ZM 1.4 Zoning and Precincts (Butler Bay)

Palm IslandAboriginal Shire CouncilZoning and Precinct Map

LegendLocal Government Area

Retail Precinct

Cultural Precinct

Family Camp Precinct

Environmental Managementand Conservation

General Residential

Industry

Major Centre

Open Space and Recreation

RuralSpecial Purpose

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

0 200 400100Metres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Page 13: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 10

1.2 Hazard Overlay Maps

Page 14: Draft Palm Island State Planning Regulatory Provision 2015

O M 3 . 1O M 3 . 1

448000

448000

452000

452000

456000

456000

460000

460000

464000

464000

468000

468000

7907

000

7907

000

7914

000

7914

000

7921

000

7921

000

7928

000

7928

000

7935

000

7935

000

7942

000

7942

000

Map OM 3.0 Landslide and PotentialAcid Sulfate Soils Overlay Map

(Whole of Shire)

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

LegendPotential Acid Sulfate Soils

5m AHD Contour20m AHD Contour

Landslide Hazard:Medium Hazard AreaHigh Hazard AreaLocal Government Area

Palm IslandAboriginal Shire Council

Landslide and Potential AcidSulfate Soils Overlay Map

Note:Natural hazards data generally encompasses Greater Palm Island only

0 3 61.5Kilometres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Page 15: Draft Palm Island State Planning Regulatory Provision 2015

Beach Road

Clump

Poin

t Roa

d

Manb

owa R

d

Main St

Sundowner Ridge Rd

Park Rd

Butler Bay Rd

Bentley St

Curry Farm Rd

Two St

Farm Rd

Sailor St

Watson Cresent

Mossman St

Solomon Rd

Beach Road

455400

455400

456000

456000

456600

456600

457200

457200

457800

457800

7926

000

7926

000

7927

000

7927

000

7928

000

7928

000

7929

000

7929

000

7930

000

7930

000

7931

000

7931

000

Map OM 3.1 Landslide and PotentialAcid Sulfate Soils Overlay Map

(Bwgcolman)

LegendLocal Government Area

Potential Acid Sulfate Soils5m AHD Contour20m AHD Contour

Landslide Hazard:Medium Hazard AreaHigh Hazard Area

Palm IslandAboriginal Shire Council

Landslide and Potential AcidSulfate Soils Overlay Map

Note:Natural hazards data generally encompasses Greater Palm Island only

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

0 400 800200Metres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Page 16: Draft Palm Island State Planning Regulatory Provision 2015

Manb

owa R

d

Curry Farm Rd

Farm Rd Solomon Rd

Farm / Beach Rd

456000

456000

456300

456300

456600

456600

456900

456900

457200

457200

457500

457500

7929

000

7929

000

7929

600

7929

600

7930

200

7930

200

7930

800

7930

800

7931

400

7931

400

7932

000

7932

000

Map OM 3.2 Landslide and Potential Acid Sulfate Soils Overlay Map

(Francis Creek and The Farm Area)

LegendPotential Acid Sulfate Soils

5m AHD Contour20m AHD Contour

Landslide Hazard:Medium Hazard AreaHigh Hazard AreaLocal Government Area

Palm IslandAboriginal Shire Council

Landslide and Potential AcidSulfate Soils Overlay Map

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

0 200 400100Metres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Note:Natural hazards data generally encompasses Greater Palm Island only

Page 17: Draft Palm Island State Planning Regulatory Provision 2015

Beach RoadClump Point Road

Main St

Sundowner Ridge Rd

Park Rd

Cribble St

Bentley St

Two St

Sailor St

Beac

h Rd

Creek Rd

Palm Valley Rd

Dee Street

Mango AveStan

ley St

Beac

h Rd

Park Rd

Beach Road

455100

455100

455400

455400

455700

455700

456000

456000

456300

456300

456600

456600

7927

200

7927

200

7927

800

7927

800

7928

400

7928

400

7929

000

7929

000

7929

600

7929

600

Map OM 3.3 Landslide and PotentialAcid Sulfate Soils Overlay Map

(Town Centre and Resevoir Ridge)

LegendPotential Acid Sulfate Soils

5m AHD Contour20m AHD Contour

Landslide Hazard:Medium Hazard AreaHigh Hazard AreaLocal Government Area

Palm IslandAboriginal Shire Council

Landslide and Potential AcidSulfate Soils Overlay Map

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

0 200 400100Metres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Note:Natural hazards data generally encompasses Greater Palm Island only

Page 18: Draft Palm Island State Planning Regulatory Provision 2015

Beach Road

Butler Bay Rd

Beach Road

455100

455100

455400

455400

455700

455700

456000

456000

456300

456300

456600

456600

7924

800

7924

800

7925

400

7925

400

7926

000

7926

000

7926

600

7926

600

7927

200

7927

200

7927

800

7927

800

Map OM 3.4 Landslide and PotentialAcid Sulfate Soils Overlay Map

(Butler Bay)

LegendPotential Acid Sulfate Soils

5m AHD Contour20m AHD Contour

Landslide Hazard:Medium Hazard AreaHigh Hazard AreaLocal Government Area

Palm IslandAboriginal Shire Council

Landslide and Potential AcidSulfate Soils Overlay Map

Data Source:Based on or contains data provided by the (former)Department of Environment & Resource ManagementQueensland 2009 which gives no warranty in relation tothe data (including accuracy, reliability, completeness orsuitability) and accepts no liability (including withoutlimitation, liability in negligence) for any loss, damage orcosts (including consequential damage) relating to anyuse of the data.

0 200 400100Metres

Disclaimer:While every care is taken to ensure the accuracy of thisproduct, Council makes no representations or warrantiesabout the accuracy, reliability, completeness or suitabilityfor any particular purpose and disclaims all responsibilityand all liability (including without limitation, liability innegligence) for all expenses, losses, damages, (includingindirect or consequential damage) and costs you mayincur as a result of the product being inaccurate orincomplete in any way for any reason.

Coordinate System: GDA94 - MGA Zone 55

Scale at A3 1:15,000 °QPP Version 3.1Date: 14/08/2015

Note:Natural hazards data generally encompasses Greater Palm Island only

Page 19: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 16

Appendix 2

2.1 Reconfiguring a Lot and Operational Works Code

This code applies to assessing all development applications for reconfiguring a lot and carrying out operational works identified in the Tables of Assessment. The purpose of the Reconfiguring a Lot and Operational Works Code is to ensure that development in the Palm Island Local Government Area is located, designed and managed in a safe and efficient manner. The code further ensures the development of new lots avoids and or mitigates the impacts of natural hazards.

The purpose of the code will be achieved through the following overall outcomes:

(1) Reconfiguring a lot avoids natural hazard areas or mitigates the risk of the natural hazard

to an acceptable or tolerable level;

(2) New lots do not directly or indirectly and cumulatively increase the severity of the natural

hazard and the potential for damage on the site or to other properties; and

(3) New lots do not place people in areas of risk of natural hazard unless the risk can be

mitigated to an acceptable or tolerable level.

Editor’s Note: land identified as a bushfire prone area on SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience is designated as the bushfire prone area for the purposes of section 12 of the Building Regulations 2006. The bushfire prone area includes land covered by the very high, high and medium potential bushfire intensity areas as well as the potential bushfire hazard area on SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience. Land identified as a flood hazard area on SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience is designated as the flood hazard area for the purpose of section 13 of the Building Regulations 2006.

Assessment Criteria – Reconfiguring a Lot and Operational Works

Performance Outcome Acceptable Outcome

PO1 Where reconfiguration within the General residential zone, existing buildings and structures are set back to any new property boundary in accordance with the Queensland Development Code.

No Acceptable Outcome.

PO2 The reconfiguration enables proposed buildings and/or structures to avoid easements.

AO2.1 No new lots are created where proposed buildings and/or structures cannot be constructed due to existing or planned underground or above ground infrastructure.

PO3 Where located in the General residential zone new lots:

(a) provide a mix of lot sizes for

residential accommodation options;

(b) provide lot proportions adequate for

activities and works associated with

the proposed use.

AO3.1 Lots have a minimum:

(a) lot size of 350m2;

(b) road frontage of 10m; and

(c) allowance for a rectangular building

footprint of 8m x 15m.

Page 20: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 17

Performance Outcome Acceptable Outcome

PO4 Where located in the General residential zone rear lots are designed and developed to provide safe access and adequate proportions to ensure any structures can comply with boundary setback requirements under the Queensland Development Code.

AO4.1 Rear lots have:

(a) a minimum lot size 500m2 ; and

(b) an access strip with a minimum width

of 4m, a minimum seal width 2.5m;

and a maximum length of 40m.

AO4.2 Rear lots:

(a) the number of adjoining rear lots does

not exceed one lot;

(b) only one rear lot is provided behind

each standard lot;

(c) no more than two rear lot access

strips directly adjoin each other; and

(d) no more than two rear lots gain

access from the head of a cul-de-sac.

PO5 Where located in the Rural zone new lots provide proportions adequate for activities and works associated with the proposed use and vehicular access to a road.

AO5.1 Lots in the Rural zone have a minimum lot size of 5ha.

PO6 Where located in the Recreation and open space zone sufficient useable area for proposed activities include:

(a) car parking requirements;

(b) vehicle manoeuvring;

(c) required setbacks; and

(d) landscape buffers.

No Acceptable Outcome.

PO7 Where located in the Industry zone:

(a) new lots provide lot proportions

adequate for activities and works

associated with the proposed use; and

(b) no rear lots are created.

AO7.1 Lots have a minimum:

(a) lot size of 1000m2; and

(b) road frontage of 20m.

AO7.2 No rear lots are created.

PO8 Where located in the Environmental management and conservation zone new lots:

(a) provide proportions for activities and

works associated with the proposed

use; and

(b) provide a road for safe and convenient

vehicle and pedestrian access.

AO8.1 New lots located outside of the Family Camp precinct, have a minimum size of 60ha. OR Where located within the Family Camp precinct, no Acceptable Outcome is

prescribed.

Page 21: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 18

Performance Outcome Acceptable Outcome

PO9 New lots are created where:

(a) the long term stability of the site can

be maintained; and

(b) development of the site will not be

adversely affected by landslide activity

or cause landslide risk to people and

property.

AO9.1 No new lots are created where the existing slope of the land is 15 per cent or greater.

PO10 No new lots are created on land subject to flooding up to and including an Annual Exceedance Probability (AEP) of 1 per cent.

AO10.1 Where a new lot is proposed in the Flood Hazard Investigation area and local verification has not occurred a flood study is required to be undertaken by a suitably qualified person and the report addresses the State interest and tolerable risk.

PO11 Where the proposed lot is located in a designated bushfire prone area, including a potential bushfire hazard area on the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience, the reconfiguration does not involve premises identified as being greater than low risk.

AO11.1 No new lots are created where located in a designated bushfire prone area, including a potential bushfire hazard area on the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience without a bushfire risk evaluation being undertaken.

PO12 New lots are designed to respond to the potential threat of bushfire and establish clear evacuation routes which demonstrate an acceptable or tolerable risk to people.

AO12 The lot layout:

(a) minimises the length of the

development perimeter exposed to, or

adjoining hazardous vegetation;

(b) avoids the creation of potential bottle-

neck points in the movement network;

(c) establishes direct access to a safe

assembly /evacuation area in the

event of an approaching bushfire; and

(d) ensures roads likely to be used in the

event of a fire are designed to

minimise traffic congestion.

Editor’s note: For example, developments should avoid finger-like or hour-glass subdivision patterns or substantive vegetated corridors between lots. In order to demonstrate compliance with the performance outcome, a bushfire management plan prepared by a suitably qualified person may be required. The bushfire management plan should be developed in accordance with the Public Safety Business Agency (PSBA) guideline entitled “Undertaking a Bushfire Protection Plan.

Advice from the Queensland Fire and Emergency Services (QFES) should be sought as appropriate.

PO13 Newly created lots do not unduly burden disaster management response or recovery capacity and capabilities.

No Acceptable Outcome.

Page 22: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 19

Performance Outcome Acceptable Outcome

PO14 Filling or excavation:

(a) minimises site disturbance; (b) adequately controls water and

sediment runoff; (c) manages the risk of erosion (d) does not result in adverse impacts on

adjoining land.

AO14.1 Filling or excavation:

(a) does not exceed a maximum of one metre vertical change in natural ground level at any point; and

(b) does not cause ponding on the premises or adjoining land.

Infrastructure PO15 New lots located in a reticulated water area are connected to the reticulated water supply system;

OR

New lots located outside a reticulated water area each lot is provided with an alternative potable water supply source with adequate storage capacity.

No Acceptable Outcome.

PO16 New lots located in sewered areas are connected to the sewerage service.

OR

New lots located outside a sewered area, each lot provides for an effluent treatment and disposal system in accordance with the Queensland Plumbing and Wastewater Code.

No Acceptable Outcome.

PO17 New lots are connected to an electricity supply network and a telecommunications network in accordance with the service provider’s requirements.

No Acceptable Outcome.

PO18 No new lots are to be created where proposed buildings and structures cannot be constructed due to existing or planned underground or above ground infrastructure.

AO18.1 The reconfiguration enables proposed buildings and structures to avoid easements including trunk sewer lines.

Access PO19 Reconfigurations provide new lots with lawful, safe and practical access to the existing road network.

AO19.1 Each lot has:

(a) access with direct road frontage, or (b) an access strip (for a rear lot) to a

road.

Page 23: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 20

Performance Outcome Acceptable Outcome

PO20 Where access to a lot is proposed via an access strip the access strip is designed and constructed in accordance with FNQROC Regional Development Manual.

No Acceptable Outcome.

Acid Sulfate Soils PO21 Development only occurs if people, the environment, and infrastructure are not subject to unacceptable risks from the impacts of acid sulfate soils and potential acid sulfate soils.

AO21.1Operational works on land identified as potential acid sulfate soils within the Landslide and Potential Acid Sulfate Soils Overlay Map in Appendix 1 do not involve:

(a) excavation or removal of 100m3 or more of soil or sediment; or

(b) filling of land with 500m3 or more of material with an average depth of 0.5m of a metre or greater.

Page 24: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 21

2.2 General Development Code This code applies to assessing development applications for making a material change of use of premises if identified in the Tables of Assessment.

The purpose of the General Development Code is to ensure that development in Palm Island Local Government Area is located, designed and managed in a safe and efficient manner.

The purpose of the code will be achieved through the following overall outcomes: (1) Development has a safe and efficient site layout; (2) Development does not detract from the Palm Island Local Government Area unique

building design, is complementary to the scale of neighbouring uses, and contributes to the character of the street and the locality;

(3) Development on local heritage places: (a) does not result in the demolition or removal of a local heritage place, unless there is

no prudent and feasible alternative; (b) conserves the physical features, fabric and contents that contribute to the cultural

heritage significance of the local heritage place; and (c) safeguards archaeology and archaeological potential, and ensures they are

appropriately investigated and artefacts appropriately managed; (4) An appropriate level of servicing and infrastructure is provided to new development and is

connected to Palm Island Aboriginal Council infrastructure where available; (5) The site layout protects adjoining amenity, allows access around the building, allows

sufficient areas for parking and manoeuvring on the site and safe and efficient access and egress;

(6) Assets of the Palm Island Aboriginal Council are protected; (7) Development does not place people in areas of risk of natural hazard unless the risk can

be mitigated to an acceptable or tolerable level; and (8) Any planned earthworks ensure that existing drainage regimes are maintained.

Editor’s Note: land identified as a bushfire prone area on SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience is designated as the bushfire prone area for the purposes of section 12 of the Building Regulations 2006. The bushfire prone area includes land covered by the very high, high and medium potential bushfire intensity areas as well as the potential bushfire hazard area on SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience. Land identified as a flood hazard area on SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience is designated as the flood hazard area for the purpose of section 13 of the Building Regulations 2006.

Assessment criteria - General Development Code

Performance Outcome Acceptable Outcome Site Layout PO1 The size and bulk of new buildings associated with development does not degrade the local character of the location (zone and/or precinct) through over-development of the site.

AO1.1 Total development on the site has a maximum site cover as follows: • Major centre zone - 50%• Retail precinct - 90%• General residential zone - 85%• Industrial zone - 80%.

AO1.2 Where located in the Rural zone an individual building footprint does not exceed 500m2.

AO1.3 Where located in the Recreation and open space zone development is:

(a) for a park; or (b) community use if it meets the needs of

the community; and (c) an individual building footprint does not

Page 25: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 22

Performance Outcome Acceptable Outcome exceed 500m2; and

(d) setback 10m from the boundary where adjoining land is in either the Major centre zone or the General residential zone.

AO1.4 Where located in the Industrial zone

(a) an individual building footprint does not exceed 500m2;

(b) medium impact industry is located 250m away from a sensitive land use.

PO2 Landscaping is provided to enhance the appeal of the development with the majority of landscaping to be undertaken on the principal street frontage of the development.

AO2 No Acceptable Outcome.

Building Design PO3 Development maintains the low rise scale and character of the Palm Island Local Government Area.

AO3.1 Development is no higher than 8.5 metres above ground level where located in all zones except the Industrial, Recreation and open space and Major centre zones. AO3.2 Development in the Industrial, Recreation and open space or Major centre zone is no higher than 12 metres above ground level.

PO4 Where located in the Major centres, the General residential or the Recreation and open space zones, new buildings or structures present a traditional façade to the street.

AO4.1 Buildings incorporate tropical design features including:

(a) orientation to capture the breezes; (b) eaves of at least 900mm; (c) windows and doorways on opposite

external walls; (d) external outdoor areas attached to and

connecting with the buildings; (e) landscaping that shades the external

walls of the building; and (f) wide verandas or overhangs and if

necessary covered indoor and outdoor spaces.

PO5 Development is generally in accordance with existing setbacks within the locality.

AO5.1 No Acceptable Outcome.

PO6 Where located in the Environmental management and conservation zone, Family Camp precinct, development is compatible with the environmental

AO6.1 Development is located in the Family Camp precinct for a dwelling house, and does not extend beyond the existing Family Camp site.

Page 26: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 23

Performance Outcome Acceptable Outcome conservation and family camp amenity of the area. Ancillary Uses PO7 Ancillary uses such as sheds do not detract from the primary use.

AO7.1 Ancillary uses do not exceed 10% of gross floor area of the primary use on the site.

Access, manoeuvring and parking PO8 The proposed development accommodates sufficient car parking on site.

AO8.1 No Acceptable Outcome.

PO9 The proposed driveway is clear of all impediments.

AO9.1 The proposed driveway is clear of street furniture, gully pits, man holes, power poles, street trees and bus stops.

PO10 The location of driveways does not create a danger to the safety and efficiency of existing intersections.

AO10.1 The minimum distance of a driveway from an intersection of one street with another is 6 metres.

PO11 Access to, from and within the site:

(a) is adequate for the type and volume of traffic generated by the use;

(b) does not adversely impact on the traffic network external to the site;

(c) caters for safe pedestrian access; and

(d) provides for disabled access.

AO11.1 Vehicle crossovers are designed to provide safe and adequate access to and from the site. AO11.2 Car parking and manoeuvring areas are designed in accordance with:

(a) AS2890.1 – Parking Facilities; and (b) Austroads AP-34/95 - Design Vehicles

and Turning Path Templates. Infrastructure and Services PO12 The development is supplied with an appropriate level of infrastructure to support the intended use.

AO12.1 Development is to be provided with:

(a) Access to sealed roads and footpaths that have stormwater management strategy; and

(b) Telecommunications and electricity supplies are designed and installed to supplier standards.

PO13 All development has an adequate supply of potable water and can provide for appropriate treatment and disposal of effluent and other waste water.

AO13.1 Where appropriate, all development is connected to reticulated water supply network without affecting the capacity or pressure of the system. OR Where the proposed development is not within a reticulated water supply network, a potable water supply is provided. AO13.2 Where appropriate all development is connected to Palm Island Aboriginal Council’s reticulated sewerage network. OR

Page 27: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 24

Performance Outcome Acceptable Outcome Where proposed development is not within a sewered area sewage disposal is provided generally in accordance with the Queensland Plumbing and Wastewater Code.

PO14 Stormwater is collected and discharged to ensure no impacts on adjoining land owners, council or state infrastructure while also ensuring environmental values of waters in Palm Island Local Government Area are maintained.

AO14 In all zones, stormwater drainage is in accordance with:

(a) Queensland urban drainage manual, 3rd Edition, Queensland Department of Energy and Water Supply, 2013; and

(b) Pilgrim, DH, (ed)., Australian Rainfall & Runoff – A Guide to Flood Estimation, Institution of Engineers, Australia, Barton, ACT, 1987.

PO15 Wastewater discharge to a waterway is managed in a way that maintains ecological processes, riparian vegetation, waterway integrity, and downstream ecosystem health.

AO15.1 Wastewater from development is not discharged to a waterway. Alternatively, where wastewater discharge to a waterway is unavoidable, a wastewater management plan (WWMP) is submitted, which provides a waste management hierarchy that minimises wastewater discharge to waterways by re-use, recycling, recovery and treatment for disposal to sewer, surface water and groundwater. This WWMP is prepared by a suitably qualified person and addresses:

(a) wastewater type; (b) climatic conditions; (c) water quality objectives (WQOs); and (d) best-practice environmental

management.

AO15.2 Implement the WWMP prepared in accordance with AO14.1.

AO15.3 Development does not redirect water flows to neighbouring development or increase local water levels.

Palm Island Aboriginal Council assets PO16 Development does not adversely impact on Palm Island Aboriginal Council infrastructure.

AO16.1 All proposed structures and buildings are clear of Palm Island Aboriginal Council easements and underground infrastructure within the site boundaries. AO16.2 All invert crossing(s) and driveways are clear of all gully pits, street lights, power poles and other infrastructure located within the road reserve with a minimum separation distance of 1metre.

Page 28: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 25

Performance Outcome Acceptable Outcome Bushfire PO17 A vulnerable use is not established or materially intensified within a designated bushfire prone area, including a potential bushfire hazard area, on the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience.

AO17.1 Vulnerable uses are not established or expanded within a designated bushfire prone area, including a potential bushfire hazard area, on the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience. Editor’s note: Vulnerable uses are those involving:

(a) the accommodation or congregation of vulnerable sectors of the community such as child care centres, community care centre, educational establishments, detention facilities, hospitals, rooming accommodation, retirement facilities or residential care facilities; or

(b) the provision of essential services including community uses, emergency services, utility installation, telecommunications facility, substations and major electricity infrastructure.

PO18 All premises are provided with vehicular access that enables safe evacuation for occupants and easy access by fire fighting appliances.

AO18.1 Private driveways:

(a) do not exceed a length of 60m from the street to the building;

(b) do not exceed a gradient of 12.5%; (c) have a minimum width of 3.5m; (d) have a minimum of 4.8m vertical

clearance; (e) accommodate turning areas for fire-

fighting appliances in accordance with Qld Fire and Emergency Services’ Fire Hydrant and Vehicle Access Guidelines; and

(f) Serve no more than 3 dwellings or buildings.

PO19 Emergency services and uses providing community support services are able to function effectively during and immediately after a bushfire hazard event.

AO19.1 Emergency services and uses providing community support services are not located within a designated bushfire prone area, including a potential bushfire hazard area, on the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience and have direct access to evacuation routes.

PO20 Development involving hazardous materials manufactured or stored in bulk is not located in a bushfire prone area, including a potential bushfire hazard area, on the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience.

AO20.1 The manufacture or storage of hazardous material in bulk does not occur within a bushfire prone area, including a potential bushfire hazard area, on the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience.

Page 29: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 26

Performance Outcome Acceptable Outcome Flood PO21 Development located within areas containing a flood hazard (as identified in the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience, Flood hazard area) responds to flooding potential and maintains personal safety at all times with regard to siting and layout.

AO21.1 Development within a flood hazard area identified in the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience, Flood hazard area, is sited and designed so that:

(a) all new lots contain a building envelope located:

i. outside of the mapped flood hazard area (identified in the SPP mapping – Hazards and Safety, Natural Hazards Risk and Resilience, Flood hazard area; or

ii. for residential uses, can achieve the flood immunity level determined to equate to 1%AEP by a report prepared by a suitably qualified person (RPEQ) and accepted by the assessment manager. For other uses, contact the assessment manager to determine the flood immunity level required; and

(b) there is at least one (1) evacuation route that achieves safe egress for emergency evacuations during all floods.

Editor’s note: the report must be prepared by suitably qualified consultants, such as engineers, and detail alternative options investigated.

Local and cultural heritage places PO22 Development contributes to the retention of a local heritage place, facilitates their adaptive reuse, but does not result in a change that is incompatible with conserving the cultural heritage significance of the place.

AO22.1 Development retains the fabric, features and contents listed as significant for the local heritage place and requires no building or operational work in relation to it; OR

Development is in accordance with the guideline Developing heritage places: using the development criteria as made under the Queensland Heritage Act 1992.

AO22.2 Land is not suitable for development where it has known cultural values or artefacts on the site. OR Development and works are consistent with the management recommendations of a cultural heritage management plan or study. AO22.3

Page 30: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 27

Performance Outcome Acceptable Outcome Development neither results in the demolition of the place nor substantially reduces its cultural heritage significance. Alternatively, where demolition is unavoidable:

(a) a report is provided that demonstrates there is no prudent and feasible alternative to the substantial demolition of the local heritage place or its removal to another location; and

(b) an archival record is prepared to document the changes.

Editor’s note: the report must be prepared by suitably qualified consultants, such as conservation architects or engineers, and detail alternative options investigated.

Biodiversity PO23 Development: (a) identifies matters of state

environmental significance as identified in SPP mapping – Environment and Heritage, Biodiversity;

(b) facilitates the protection and enhancement of matters of state environmental significance; and

(c) protects and enhances ecological connectivity.

AO23.1 Buildings, ancillary structures and all other development are constructed:

(a) at least 100m from the top bank of all water courses and the full supply level of storages;

(b) a minimum of 100m from areas identified in SPP mapping –Environment and Heritage, Biodiversity.

AND Development does not clear vegetation within 25 metres of a watercourse.

Aviation facilities PO24 Where in Special purpose zone development does not interfere with the function of aviation facilities or its ability to expand in the future.

AO24.1 Development located within the building restriction area for an aviation facility does not create: (a) permanent or temporary physical

obstructions in the line of sight between antennae;

(b) an electrical or electromagnetic field that interferes with the signals transmitted by the facility; and

(c) reflective surfaces that could deflect or interfere with signals transmitted by the facility; or

AO24.2 Development located within the building restricted area for an aviation facility is designed and constructed to mitigate adverse impacts on the function of the facility; or

Page 31: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 28

Performance Outcome Acceptable Outcome AO24.3 Development complies with this outcome where written confirmation from Air Services Australia confirms that the development will not impair the functioning of the aviation facility.

Jetty Facilities PO25 Where in the Special purpose zone development does not adversely affect the safe and effective operations of the jetty and its ability to expand in the future.

No Acceptable Outcome.

PO25 Where in the Special purpose zone development integrates with the pedestrian environment and provides strong, sage and legible pedestrian linkages between the jetty and the foreshore and the town centre.

No Acceptable Outcome.

Acid Sulfate Soils PO26 Development only occurs if people, the environment, and infrastructure are not subject to unacceptable risks from the impacts of acid sulfate soils and potential acid sulfate soils.

AO26.1 Earthworks on land identified as Potential Acid Sulfate Soils within the Landslide and Potential Acid Sulfate Soils Overlay Map in Appendix 1 do not involve: (a) excavation or removal of 100m3 or more

of soil or sediment; or (b) filling of land with 500m3 or more of

material with an average depth of 0.5m of a metre or greater.

Page 32: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 29

Abbreviations Abbreviation/ acronym Description

MCU Material change of use as defined in the Sustainable Planning Act 2009

RoL Reconfiguring a lot as defined in the Sustainable Planning Act 2009

AEP Annual Exceedance Probability

Page 33: Draft Palm Island State Planning Regulatory Provision 2015

Draft Palm Island State Planning Regulatory Provision 30

Department of Infrastructure, Local Government and Planning PO Box 15009 CITY EAST QLD 4002 tel 13 QGOV (13 74 68) [email protected] www.dilgp.qld.gov.au