Integrated Planning Amendment Regulation (No. 1) 2009 (Qld)

Queensland Integrated Planning Amendment Regulation (No. 1) 2009 Subordinate Legislation 2009 No. 41 made under the IntegratedPlanningAct1997 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of sch 11 (Development for community infrastructure exempt under schedule 9, table 5, item 5 of the Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Particular educational or community and cultural facilities ............................... 2

Integrated Planning Amendment Regulation (No. 1) 2009 [s 1] 1 Short title This regulation may be cited as the Integrated Planning Amendment Regulation (No. 1) 2009 . 2 Regulation amended This regulation amends the IntegratedPlanningRegulation 1998. 3 Amendment of sch 11 (Development for community infrastructure exempt under schedule 9, table 5, item 5 of the Act) Schedule 11— insert— ‘5 Particular educational or community and cultural facilities ‘(1) All aspects of development for an educational facility or community and cultural facility funded under the relevant program, if all of the following apply in relation to the development— (a) at least 50% of the total funding for the development is provided under the relevant program; (b) at least 10 business days before the development is started, an entity representing the school at which the development is to be carried out gives the local government for the area in which the school is located written notice of the proposed development; (c) the height of any building or covered outdoor area for the facility is not more than the higher of— (i) the height of the tallest building on the existing school campus on which the facility is located; or (ii) 15m above ground level; (d) for development on land that shares a boundary with residential land— Page 2 2009 SL No. 41

Integrated Planning Amendment Regulation (No. 1) 2009 [s 3] (i) any single storey classroom or library is located at least 3m from the boundary; and (ii) any multistorey classroom or library is located at least 6m from the boundary; and (iii) any multipurpose hall or covered outdoor area is located at least 10m from the boundary; (e) all buildings for the facility are located— (i) at least 6m from a road frontage; or (ii) if any existing building on the land on which the facility is to be located is less than 6m from a road frontage—at least the same distance from the road frontage as the building closest to it; (f) for a facility that involves the installation of external floodlights, the installation of the floodlights complies with each of the following— (i) AS 4282 ‘Control of the Obtrusive Effects of Outdoor Lighting’; (ii) AS 2560.1-2002 ‘Sports Lighting—General Principles’; (g) for a facility that includes a classroom, library or multipurpose hall, the facility is completely within an existing school campus; (h) the development does not involve the construction or extension of any vehicular access to the premises, other than a vehicular access for persons with a disability, emergency service vehicles or other service vehicles; (i) the development does not reduce the number of dedicated vehicle parking spaces on the land on which the facility is located; (j) the development complies with each of the following— (i) the ‘State Planning Policy 1/02 Development in the Vicinity of Certain Airports and Aviation Facilities’; 2009 SL No. 41 Page 3

Integrated Planning Amendment Regulation (No. 1) 2009 [s 3] (ii) the ‘State Planning Policy 2/02 Planning and Managing Development Involving Acid Sulfate Soils’. ‘(2) Despite subsection (1), development for an educational facility or community and cultural facility funded under the relevant program is not exempt under schedule 9, table 5, item 5 of the Act to the extent the development— (a) is in a coastal management district; or (b) is in an area for which an area management advice has been given for unexploded ordnance; or (c) for development at a non-State school— (i) is in an interim koala habitat protection area; or (ii) is in a koala conservation area or koala sustainability area that is outside an SEQ urban footprint area; or (iii) involves the clearing of— (A) native vegetation in a category 1 area, a category 2 area or a category 3 area shown on a property map of assessable vegetation; or (B) if there is no property map of assessable vegetation for the lot on which the development is carried out—remnant vegetation. ‘(3) Also despite subsection (1), development for an educational facility or community and cultural facility funded under the relevant program is not exempt under schedule 9, table 5, item 5 of the Act if— (a) any of the following apply to the development— (i) the development is on a place in a planning scheme area that on or before 24 April 2009 is a local heritage place, or a place identified under the local government’s planning scheme as a place of cultural heritage significance; Page 4 2009 SL No. 41

Integrated Planning Amendment Regulation (No. 1) 2009 [s 3] (ii) the development interferes with vegetation identified under the local government’s planning scheme on or before 24 April 2009 as vegetation that is protected; (iii) the land on which the development is to be carried out is identified under the local government’s planning scheme as affected or potentially affected by subsidence caused by underground mining; and (b) within 10 business days after receiving notice of the development under subsection (1)(b), the local government advises the school by written notice that the local government does not agree to the exemption. ‘(4) In this section— cultural heritage significance , in relation to a place, means its aesthetic, architectural, historical, scientific, social, or other significance, to the present generation or past or future generations. existing school campus means premises at which a school is established, but does not include separate premises associated with the school and used solely— (a) for sporting or recreational purposes; or (b) for residential purposes, whether or not any residential dwellings comprising the premises are vacant. non-State school means a school that is provisionally accredited, or accredited, under the Education (Accreditationof Non-State Schools) Act 2001 , section 6. relevant program means the program established by the Commonwealth government in February 2009 that— (a) provides funding for new facilities and refurbishments in schools; and (b) is known as the Nation Building and Jobs Plan—Building the Education Revolution. residential land means land that— (a) is being used for residential purposes; or 2009 SL No. 41 Page 5

Integrated Planning Amendment Regulation (No. 1) 2009 [s 3] (b) may or is intended to be used for residential purposes under— (i) a development approval in effect on or before 24 April 2009; or (ii) a planning scheme as in force on 24 April 2009. road frontage , for land, means the boundary between the land and any road adjoining the land. school means a non-State school or State school. State school means a school established under the Education(General Provisions) Act 2006 , section 13.’. ENDNOTES 1 Made by the Governor in Council on 23 April 2009. 2 Notified in the gazette on 24 April 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Infrastructure and Planning. © State of Queensland 2009 Page 6 2009 SL No. 41