Integrated Planning Amendment Regulation (No. 2) 1999 (Qld)

Queensland Subordinate Legislation 1999 No. 281 Integrated Planning Act 1997 INTEGRATED PLANNING AMENDMENT REGULATION (No. 2) 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 2A (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new ss 2B and 2C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2B Meaning of “land contiguous to a state-controlled road” . . . . . . . . . 3 2C Meaning of “inconsistent with plans for state-controlled road infrastructure” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 4 (Referral agencies and jurisdiction) . . . . . . . . . . . . . . . . 3 7 Amendment of sch 2 (Referral agencies and jurisdiction) . . . . . . . . . . . . . . 3 8 Insertion of new schs 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SCHEDULE 4 THRESHOLDS FOR DEVELOPMENT NOT CONTIGUOUS TO STATE CONTROLLED ROADS SCHEDULE 5 LGA POPULATION 1 AREAS

s1 2 s5 Integrated Planning Amendment (No. 2) No. 281, 1999 ˙ Short title 1. This regulation may be cited as the Integrated Planning Amendment Regulation (No. 2) 1999 . ˙ Commencement 2. This regulation commences on 1 December 1999. ˙ Regulation amended 3. This regulation amends the Integrated Planning Regulation 1998 . ˙ Amendment of s 2A (Definitions) 4. Section 2A— insert— ‘ “future State-controlled road” means a road or land that the chief executive administering the TransportInfrastructureAct1994 has notified the local government in writing is intended to become a State-controlled road. “GFA” means gross floor area for a development application. “LGA population 1” means a local government area mentioned in schedule 5. “LGA population 2” means a local government area that is not an LGA population 1. “State-controlled road” includes a future state-controlled road. “TSA” means total site area for a development application.’. ˙ Insertion of new ss 2B and 2C 5. After section 2A— insert—

s6 3 s7 Integrated Planning Amendment (No. 2) No. 281, 1999 ˙ ‘ Meaning of “land contiguous to a state-controlled road” ‘ 2B. Land, the subject of a development application, is “land contiguous to a state-controlled road” if part of the land— (a) is within 100 m of the road; or (b) that is the access to the land, is, or is proposed to be— (i) from a road that joins the road; and (ii) within 200 m of the road; or (c) is part of a future state-controlled road. ˙ ‘ Meaning of “inconsistent with plans for state-controlled road infrastructure” ‘ 2C. Development is “inconsistent with plans for state-controlled road infrastructure” if the development is inconsistent with— (a) the form or scale of development under the planning scheme, having regard to the provisions of the planning scheme about state-controlled road infrastructure; or (b) the timing for state-controlled road infrastructure under the planning scheme.’. ˙ Amendment of s 4 (Referral agencies and jurisdiction) 6. Section 4— insert— ‘ (2) If, for a development application mentioned in schedule 2, column 1, there is more than 1 purpose mentioned in schedule 4, column 2, the threshold to be applied under schedule 4, column 3 for a purpose, is to be applied as if all the purposes for the threshold were combined as 1 purpose.’. ˙ Amendment of sch 2 (Referral agencies and jurisdiction) 7.(1) Schedule 2, item 4, column 1, after ‘material change of use’— insert—

s7 4 s7 Integrated Planning Amendment (No. 2) No. 281, 1999 ‘under a planning scheme’. (2) Schedule 2— insert— 5. Development on land contiguous to a state-controlled road that is any of the following— (a) a material change of use other than a material change of use for which the administering authority is the alternative assessment manager under schedule 1A; (b) the reconfiguration of a lot (other than a reconfiguration if the total number of lots is not increased and the number of lots abutting the State-controlled road is not increased); (c) operational works that are filling or excavation operations not associated with a material change of use or reconfiguration of a lot. The chief executive administering the Transport Infrastructure Act 1994 6. Development on land not contiguous to a state-controlled road and in a local government area for which there is a IPA planning scheme (other than a transitional planning scheme), that— (a) is mentioned in schedule 4, column 1; and (b) is for a purpose mentioned in schedule 4, column 2; and (c) exceeds the threshold stated for the development in schedule 4, column 3 for the purpose; and (d) is inconsistent with plans for state-controlled road infrastructure. The chief executive administering the TransportInfrastructureAct 1994 For a future state- controlled road not defined by route— Advice; or The objectives of the TransportInfrastructure Act1994 , section 2(1) and (2)(b) for any other case— Concur- rence Concur- rence The objectives of the TransportInfrastructure Act1994 , section 2(1) and (2)(b)

s8 5 s8 Integrated Planning Amendment (No. 2) No. 281, 1999 7. Development on land not contiguous to a state-controlled road and in a local government area for which there is a transitional planning scheme, that— (a) is mentioned in schedule 4, column 1; and (b) is for a purpose mentioned in schedule 4, column 2; and (c) exceeds the threshold stated for the development in schedule 4, column 3 for the purpose. The chief executive administering the TransportInfrastructureAct 1994 For up to 5 times the thresholds mentioned in schedule 4, column 3—Advice [Note— See section 6.1.54(5) of the Act]; or The objectives of the TransportInfrastructure Act1994 , section 2(1) and (2)(b) for any other case— Concur- rence ˙ Insertion of new schs 4 and 5 8. After schedule 3— insert— ‘ SCHEDULE 4 ‘ THRESHOLDS FOR DEVELOPMENT NOT CONTIGUOUS TO STATE CONTROLLED ROADS section 4(2) and schedule 2, items 6 and 7

s8 6 s8 Integrated Planning Amendment (No. 2) No. 281, 1999 Column 1 Type of development Material change of use other than a material change of use for which the administering authority is the alternative assessment manager under schedule 1A Column 2 Purpose Column 3 Threshold Residential (including rural residential) LGA population 1—200 dwellings LGA population 2—50 dwellings Club Community facility or public building (including library, community hall, civic centre, conference or convention centre) Hotel (including accommodation) Indoor recreation Indoor tourist facility Place of worship Shop (including bulk retailing) Shopping centre (including non-retail floor space used for purposes such as cinemas, restaurants or offices) LGA population 1—8 000 m 2 GFA LGA population 2—4 000 m 2 GFA Accommodation facility (including boarding houses, camping areas, caravan parks, guest houses, holiday units, hostels and motels) LGA population 1—200 accommodation units LGA population 2—50 accommodation units Restaurant (including fast food outlets) 600 m 2 GFA Business premises (government or private) Car park Freight depot Outdoor recreation Transit centre 5 000 m 2 TSA

s8 7 s8 Integrated Planning Amendment (No. 2) No. 281, 1999 Medical centre 1 200 m 2 GFA Theatre or cinema Seating for 2 000 people Child care centre Capacity for 280 children Primary school Secondary school TAFE college University All Tourist facility, other than a totally indoor tourist facility (including aquariums, theme parks or zoos) 5 000 m 2 TSA Or for the indoor component for LGA population 1—8 000 m 2 GFA LGA population 2—4 000 m 2 GFA Extractive industry Mineral processing Refinery Smelter Using machinery having an annual throughput of product of 10 000 tonnes Abattoir Feedlot Intensive animal- husbandry 2 000 head Marina 600 berths Factory, Warehouse Other material change of use LGA population 1—16 000 m 2 GFA LGA population 2—8 000 m 2 GFA Reconfiguring Residential (including a lot rural residential) LGA population 1—200 dwellings LGA population 2—50 dwellings Business Commercial Retail LGA population 1—12 000 m 2 TSA LGA population 2—3 000 m 2 TSA Industrial LGA population 1—32 000 m 2 TSA LGA population 2—16 000 m 2 TSA Any other purpose 12 000 m 2 TSA Operational works Filling or excavation operation not associated with a material change of use or reconfiguration of a lot 10 000 tonnes

s8 8 s8 Integrated Planning Amendment (No. 2) No. 281, 1999 ‘ SCHEDULE 5 ‘ LGA POPULATION 1 AREAS section 2A, definition “LGA population 1” Beaudesert Brisbane Bundaberg Caboolture Cairns Caloundra Cooloola Gold Coast Hervey Bay Ipswich Logan Mackay Maroochy Noosa Pine Rivers Redcliffe Redland Rockhampton Thuringowa Toowoomba Townsville’.

9 Integrated Planning Amendment (No. 2) No. 281, 1999 ENDNOTES 1. Made by the Governor in Council on 18 November 1999. 2. Notified in the gazette on 19 November 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Communication and Information, Local Government and Planning. © State of Queensland 1999