Amendments to Mackay Region Planning Scheme 2017 under ... · – existing Tourist park. Refers to...

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- Page 1 - Amendments to Mackay Region Planning Scheme 2017 under Major amendment 1 - Self-contained recreational vehicle grounds and related provisions (for adoption) GENERAL 3 Document 3 Mapping 3 PRELIMINARIES 3 PART 1 - ABOUT THE PLANNING SCHEME 3 PART 2 - STATE PLANNING PROVISIONS 3 PART 3 - STRATEGIC FRAMEWORK 3 PART 4 - PRIORITY INFRASTRUCTURE PLAN 3 PART 5 - TABLES OF ASSESSMENT 3 PART 6 - ZONES 21 PART 7 - LOCAL PLANS 21 PART 8 - OVERLAYS 21 PART 9 - DEVELOPMENT CODES 23 PART 10 – OTHER PLANS 29 SCHEDULE 1 - DEFINITIONS 29 SCHEDULE 2 - MAPPING 30 SCHEDULE 3 - PRIORITY INFRASTRCUTURE PLAN MAPPING 30 SCHEDULE 4 - NOTATIONS REQUIRED UNDER THE SUSTAINABLE PLANNING ACT 2009 30 SCHEDULE 5 - LAND DESIGNATED FOR COMMUNITY INFRASTRUCTURE 30 SCHEDULE 6 - PLANNING SCHEME POLICIES 30 APPENDIX 1 - INDEX AND GLOSSARY OF ABBREVIATIONS AND ACRONYMS 30 APPENDIX 2 - TABLE OF AMENDMENTS 30

Transcript of Amendments to Mackay Region Planning Scheme 2017 under ... · – existing Tourist park. Refers to...

Page 1: Amendments to Mackay Region Planning Scheme 2017 under ... · – existing Tourist park. Refers to Material change of use Tourist park and relocatable home • Table 5.5.12 – Medium

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Amendments to Mackay Region Planning Scheme 2017 under Major amendment 1 - Self-contained recreational vehicle grounds and related

provisions (for adoption)

GENERAL 3

Document 3

Mapping 3

PRELIMINARIES 3

PART 1 - ABOUT THE PLANNING SCHEME 3

PART 2 - STATE PLANNING PROVISIONS 3

PART 3 - STRATEGIC FRAMEWORK 3

PART 4 - PRIORITY INFRASTRUCTURE PLAN 3

PART 5 - TABLES OF ASSESSMENT 3

PART 6 - ZONES 21

PART 7 - LOCAL PLANS 21

PART 8 - OVERLAYS 21

PART 9 - DEVELOPMENT CODES 23

PART 10 – OTHER PLANS 29

SCHEDULE 1 - DEFINITIONS 29

SCHEDULE 2 - MAPPING 30

SCHEDULE 3 - PRIORITY INFRASTRCUTURE PLAN MAPPING 30

SCHEDULE 4 - NOTATIONS REQUIRED UNDER THE SUSTAINABLE PLANNING ACT 2009 30

SCHEDULE 5 - LAND DESIGNATED FOR COMMUNITY INFRASTRUCTURE 30

SCHEDULE 6 - PLANNING SCHEME POLICIES 30

APPENDIX 1 - INDEX AND GLOSSARY OF ABBREVIATIONS AND ACRONYMS 30

APPENDIX 2 - TABLE OF AMENDMENTS 30

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* Notes: - In the “Planning scheme page & page no.” column, page numbers mentioned below relate to page numbers in the Track change version of version 3.0 - In the “Proposed amendment” column, italicised text is an amendment instruction only – this text does not appear in the planning scheme - In the “Proposed amendment” column, red strikethrough text is text to be deleted from the planning scheme - In the “Proposed amendment” column, blue text is new text to be included in the planning scheme - The yellow highlighted text indicates changes that have been made to the version of the proposed amendment to comply with a Minister’s condition under section

Chapter 2, Part 4, section 21.5(b) of the Minister’s Guidelines and Rules. - Statutory Guideline 01/16 – Making and amending local planning instruments (Schedule 1) defines a major amendment as follows:

Minster’s Guidelines and Rules – Schedule 1 4. For Chapter 2, Part 4, a major amendment is an amendment that is not an administrative amendment, a minor amendment or a qualified state interest amendment.

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Number Planning scheme part & page no.

Proposed amendment Rationale

GENERAL Document GN-1 Various Replace term “self-contained vehicles” with “self-contained recreational vehicles”

throughout the scheme.

Change to Administrative definition in response to a Minister’s condition to provide further clarity.

Mapping - - See list of amendments under Administrative amendment 6. -

PRELIMINARIES - - See list of amendments under Administrative amendment 6. -

PART 1 – ABOUT THE PLANNING SCHEME - - See list of amendments under Administrative amendment 6. -

PART 2 - STATE PLANNING PROVISIONS -

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No amendments specific to this section -

PART 3 - STRATEGIC FRAMEWORK -

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No amendments specific to this section -

PART 4 - PRIORITY INFRASTRUCTURE PLAN -

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No amendments specific to this section

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PART 5 - TABLES OF ASSESSMENT P5-1 • 5.5 - Categories

of development and assessment – Material change of use

• Table 5.5.1 – Community facilities zone

• Page 5-6

Tourist park Accepted development subject to requirements If for self-contained recreational vehicle ground where: • involving not more than

10 self-contained recreational vehicles; and

• located:

Tourist park and relocatable home park code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Reduce category of assessment to facilitate self-contained recreational vehicle ground in the Community facilities zone where within an existing Tourist park or on Council owned land or in accordance with an approved master plan or land use management plan. E.g. on showground sites.

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Number Planning scheme part & page no.

Proposed amendment Rationale

o on Council owned or controlled land; or

o within an existing tourist park; or

o within the Sarina Showgrounds site; or

o within the Finch Hatton Showgrounds site.

Code assessment All other circumstances where located: • on Council owned or

controlled land; or • within the Sarina

Showgrounds site; or • within the Finch Hatton

Showgrounds site. If located within the Sarina Showgrounds site or Finch Hatton Showgrounds site

• Community facilities zone code • Tourist park and relocatable

home park code • General development

requirements code • Healthy waters code (section

9.4.2.1. identifies if the code applies)

Impact assessment If not code assessment The planning scheme

Change to proposed amendment in response to submission issue PS3.1. The change re-introduces the specific references to the Sarina Showgrounds site and the Finch Hatton Showgrounds site. It was the intention that these sites would be covered under the umbrella of “Council owned or controlled land”. These two sites are in fact leased directly from the state and therefore need to be separately referenced. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

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Proposed amendment Rationale

P5-2 • 5.5 - Categories of development and assessment – Material change of use

• Table 5.5.2 – Conservation zone

• Page 5-8

Nature-based tourism

Code assessment • All circumstances • Conservation zone code

• Nature-based tourism code • General development

requirements code Healthy waters code (section 9.4.2.1. identifies if the code applies)

Maintain code assessment in all circumstances and include Nature-based tourism code as assessment benchmark.

P5-3 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.9 – Low density residential zone

• Page 5 – 44

Tourist park Accepted development subject to requirements

If: • for self-contained

recreational vehicle ground within an existing tourist park; and

• involving not more than 10 self-contained recreational vehicles

Tourist park and relocatable home park code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Code assessment IfAll other circumstances where involving an extension to an existing tourist park

• Low density residential zone code

• Tourist park and relocatable home park code

• General development requirements code

• Healthy waters code (section 9.4.2.1. identifies if the code applies)

Reduce category of assessment to facilitate self-contained recreational vehicle ground where within an existing Tourist park. Refers to Tourist park and relocatable home park code which has a new section with ADSR requirements related to self-contained recreational vehicle grounds. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

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Number Planning scheme part & page no.

Proposed amendment Rationale

Impact assessment If not code assessment The planning scheme

P5-4 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.12 – Medium density residential zone

• Page 5 – 59

Tourist park Accepted development subject to requirements

If: • for self-contained

recreational vehicle ground within an existing tourist park; and

• involving not more than 10 self-contained recreational vehicles

Tourist park and relocatable home park code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Code assessment IfAll other circumstances where involving an extension to an existing tourist park

• Medium density residential zone code

• Tourist park and relocatable home park code

• General development requirements code

• Healthy waters code (section 9.4.2.1. identifies if the code applies)

Impact assessment If not code assessment The planning scheme

Reduce category of assessment to facilitate self-contained recreational vehicle ground where within an existing Tourist park. Refers to Tourist park and relocatable home park code which has a new section with ADSR requirements related to self-contained recreational vehicle grounds. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

P5-5 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.15 – Open space zone

• Pages 5 – 78

Nature-based tourism

Code assessment All circumstances • Open space zone code

• Nature-based tourism code • General development

requirements code Healthy waters code (section 9.4.2.1. identifies if the code applies)

Maintain code assessment in all circumstances and include Nature-based tourism code as assessment benchmark.

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Proposed amendment Rationale

P5-6 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.15 – Open space zone

• Pages 5 – 79

Tourist park Accepted development subject to requirements If: • for self-contained

recreational vehicle ground within an existing tourist park; and

• involving not more than 10 self-contained recreational vehicles

Tourist park and relocatable home park code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Code assessment IfAll other circumstances where involving an extension to an existing tourist park

• Open space zone code • Tourist park and relocatable

home park code • General development

requirements code • Healthy waters code (section

9.4.2.1. identifies if the code applies)

Impact assessment If not code assessment The planning scheme

Reduce category of assessment to facilitate self-contained recreational vehicle ground where within an existing Tourist park. Refers to Tourist park and relocatable home park code which has a new section with ADSR requirements related to self-contained recreational vehicle grounds. Note – the previous version of the “full-list of proposed amendments” incorrectly listed the “medium density residential zone code” as an assessment benchmark instead of the “open space zone code”. This has now been rectified. The track-changes versions of the planning scheme always correctly referenced the “open space zone code” and therefore this remains unchanged. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

P5-7 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.17 – Rural zone

Nature-based tourism

Accepted development subject to requirements If: • for self-contained

recreational vehicle grounds; and

Nature-based tourism code – all acceptable outcomes in the “Accepted development subject to

Reduce category of assessment to facilitate Nature-based tourism where for self-contained recreational vehicle ground. Refers to new Nature-based tourism code which has ADSR requirements

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Proposed amendment Rationale

• Page 5 –90 • involving not more than 10 self-contained recreational vehicles

requirements and assessable development” section

Code assessment If: • not Accepted

development subject to requirements; and

• involving not more than 25 self-contained recreational vehicles or accommodation sites12

• rooms;. and • providing

accommodation for not more than 60 guests12

• Rural zone code • Nature-based tourism code • General development

requirements code • Healthy waters code (section

9.4.2.1. identifies if the code applies)

Impact assessment If not code assessment The planning scheme

Amend footnote 12 The number of accommodation rooms sites and number of guests thresholds do not include accommodation facilities provided for the manager or other employees.

related to self-contained recreational vehicle grounds. Also adds Nature-based tourism code as requirement for code assessment and amends footnote 12 to refer to sites rather than rooms. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

P5-8 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.17 – Rural zone

• Page 5 – 92

Tourist park Accepted development subject to requirements

If: • for Self-contained

recreational vehicle ground within an existing Tourist park; and

• involving not more than 10 self-contained recreational vehicles

Tourist park and relocatable home park code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Code assessment

Reduce category of assessment to facilitate self-contained recreational vehicle ground where within an existing Tourist park. Refers to Tourist park and relocatable home park code which has a new section with ADSR requirements related to self-contained recreational vehicle grounds. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

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Proposed amendment Rationale

If not Accepted development subject to requirements and involving not more than 50 caravan or camping sites

• Rural zone code • Tourist park and relocatable

home park code • General development

requirements code Impact assessment If not code assessment The planning scheme

P5-9 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.18 –Rural residential zone

• Pages 5 – 95

Tourist park Accepted development subject to requirements

If for self-contained recreational vehicle ground where: • involving not more than

10 self-contained recreational vehicles; and

• located with a Hotel

Tourist park and relocatable home park code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Code assessment If for self-contained recreational vehicle ground where: • involving more than 10

self-contained recreational vehicles; and

• located with a Hotel

• Rural residential zone code • Tourist park and relocatable

home park code • General development

requirements code • Healthy waters code (section

9.4.2.1. identifies if the code applies)

Impact assessment If not accepted development subject to requirements or code assessment

The planning scheme

Reduce category of assessment to facilitate Tourist park where for self-contained recreational vehicle ground and co-located with an existing Hotel. Refers to Tourist park and relocatable home park code which has ADSR requirements related to self-contained recreational vehicle grounds. Change to proposed amendment to amend a drafting error. A typo in the track changes version of the planning scheme advertised during public consultation showed the assessment benchmark for code assessment as being the Rural zone code, rather than the Rural residential zone code. This error has been corrected. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

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Proposed amendment Rationale

P5-10 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.22 – Tourism zone

• Page 5 – 108

Nature-based tourism

Accepted development subject to requirements If: • for self-contained

recreational vehicle grounds; and

• involving not more than 10 self-contained recreational vehicles

Nature-based tourism code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Code assessment All other circumstances • Tourism zone code

• Nature-based tourism code • General development

requirements code • Healthy waters code (section

9.4.2.1. identifies if the code applies)

Reduce category of assessment to facilitate Nature-based tourism where for self-contained recreational vehicle ground. Refers to new Nature-based tourism code which has ADSR requirements related to self-contained recreational vehicle grounds. Also adds Nature-based tourism code as requirement for Code assessment. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

P5-11 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.22 – Tourism zone

• Page 5 – 109

Tourist park Accepted development subject to requirements

If: • for Self-contained

recreational vehicle ground within an existing Tourist park; and

• involving not more than 10 self-contained recreational vehicles

• Tourist park and relocatable home park code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Code assessment All other circumstances • Tourism zone code

• Tourist park and relocatable home park code

• General development requirements code

Reduce category of assessment to facilitate self-contained recreational vehicle ground where within an existing Tourist park. Refers to Tourist park and relocatable home park code which has a new section with ADSR requirements related to self-contained recreational vehicle grounds. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

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Number Planning scheme part & page no.

Proposed amendment Rationale

• Healthy waters code (section 9.4.2.1. identifies if the code applies)

P5-12 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.23 – Township zone

• Page 5 – 114

Nature-based tourism

Accepted development subject to requirements If: • for self-contained

recreational vehicle grounds; and

• involving not more than 10 self-contained recreational vehicles

Nature-based tourism code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Impact assessment If not Accepted development subject to requirements

The planning scheme

Reduce category of assessment to facilitate Nature-based tourism where for self-contained recreational vehicle ground. Refers to new Nature-based tourism code which has ADSR requirements related to self-contained recreational vehicle grounds. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

P5-13 • 5.5 – Categories of development and assessment – Material change of use

• Table 5.5.23 – Township zone

• Page 5 – 115

Tourist park Accepted development subject to requirements

If: • for self-contained

recreational vehicle ground; and

• involving not more than 10 self-contained recreational vehicles; and

• within an existing Tourist park; or

• located with an existing Resort complex or Hotel

Tourist park and relocatable home park code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Code assessment

Reduce category of assessment to facilitate self-contained recreational vehicle ground where within an existing Tourist park, Resort complex or Hotel. Refers to Tourist park and relocatable home park code which has a new section with ADSR requirements related to self-contained recreational vehicle grounds. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

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Number Planning scheme part & page no.

Proposed amendment Rationale

All other circumstances • Township zone code • Tourist park and relocatable

home park code • General development

requirements code • Healthy waters code (section

9.4.2.1. identifies if the code applies)

P5-14 • 5.9 – Categories of development and assessment – Local plans

• Table 5.9.1 – Mackay city centre local plan: material change of use

• Page 5 – 125

Tourist park Accepted development subject to requirements

If : • for self-contained

recreational vehicle ground; and

• involving not more than 10 self-contained recreational vehicles; and

• located within the exhibition/events precinct (precinct no. CC4)

Tourist park and relocatable home park code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Code assessment If not accepted development subject to requirements and located within the exhibition/events precinct (precinct no. CC4)

• Principal centre zone code • Mackay city centre local plan

code • Tourist park and relocatable

home park code • General development

requirements code Impact assessment If not code assessment The planning scheme

Reduce category of assessment to facilitate self-contained recreational vehicle ground where located in the exhibition/events precinct (precinct no. CC4). Refers to Tourist park and relocatable home park code which has a new section with ADSR requirements related to self-contained recreational vehicle grounds. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

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Proposed amendment Rationale

P5-15 • 5.10 – Categories of development and assessment – Overlays

• Table 5.10.1 – assessment benchmarks for overlays - Agricultural land overlay

• Page 5 – 127

Agricultural land overlay MCU for nature-based tourism if for self-contained recreational vehicle ground

Accepted development subject to requirements if on land identified as: • “Agricultural land class A

and B”; or • “Locally Important

Agricultural Areas”

Agricultural land overlay code

Set category of assessment for Nature-based tourism if for self-contained recreational vehicle ground to ADSR if affected by the Agricultural land overlay code. Refer to Amendment number P8-1, which makes ADSR requirements in the Agricultural land overlay code.

P5-16 • 5.10 – Categories of development and assessment – Overlays

• Table 5.10.1 – assessment benchmarks for overlays – Biodiversity overlay

• Page 5 – 131

Biodiversity overlay

Adds nature-based tourism if for self-contained recreational vehicle ground and tourist park if for self-contained recreational vehicle ground to list of uses which do not trigger Code assessment under the Biodiversity overlay code. Makes them not trigger assessment under this overlay. Relevant requirements from the Biodiversity overlay code are included in the Nature-based tourism code (Self-contained recreational vehicle ground only) and the Tourist park and relocatable home park code (Self-contained recreational vehicle ground only).

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Proposed amendment Rationale

MCU for all defined uses except: • animal husbandry • cemetery • cropping • dwelling house • environment facility • home-based business • market • nature-based tourism if

for self-contained recreational vehicle ground

• park • permanent plantation • roadside stall • tourist park if for self-

contained recreational vehicle ground

• utility installation

Code assessment if within: • “environmentally

significant vegetation” • “wildlife habitat” • “waterways” • “wetlands” • “waterway buffers” • “wetlands buffers”

Biodiversity overlay code

P5-17 • 5.10 – Categories of development and assessment – Overlays

• Table 5.10.1 – assessment benchmarks for overlays – Bushfire overlay

• Page 5 – 132

Bushfire hazard overlay MCU for: • adult store • agricultural supplies

store • brothel • centre activities • childcare centre • community activities • community residence • detention facility

Code assessment if within the: • “very high bushfire

hazard area”; or • “high bushfire hazard

area”; or • “medium bushfire hazard

area”; or • “within 100m of a

bushfire hazard area”

Bushfire hazard overlay code

Clarifies that Code assessment if within the Bushfire hazard overlay does not apply to Nature-based tourism where for a Self-contained recreational vehicle ground only or to Tourist park where for Self-contained recreational vehicle ground only. Relevant requirements from the Bushfire hazard overlay code are included in the Nature-based tourism code (Self-contained recreational vehicle ground only) and the Tourist park and

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Proposed amendment Rationale

• extractive industry • home-based business

where involving bed and breakfast accommodation

• hotel • industry activities • major electricity

infrastructure • major sport, recreation

and entertainment facility

• multiple dwelling activities

• nature-based tourism (where not for self-contained recreational vehicle grounds only)

• nightclub entertainment facility

• non-resident workforce accommodation

• outdoor business activities

• relocatable home park • resort complex • rural industry • service station • short-term

accommodation • substation • telecommunications

facility

relocatable home park code (Self-contained recreational vehicle ground only).

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Proposed amendment Rationale

• tourist attraction • tourist park (where not

for self-contained recreational vehicle ground only)

• utility installation (other than utility installation undertaken by or on behalf of Mackay Regional Council);

• winery

P5-18 • 5.10 – Categories of development and assessment – Overlays

• Table 5.10.1 – assessment benchmarks for overlays – Extractive resources and high impact activities overlay

• Page 5 – 134

Extractive resources and high impact activities overlay MCU for: • Childcare centre • Community care centre • Community residence • Dual occupancy • Educational

establishment • Health care services • Hospital

Code assessment if within any of the following: • Key resource area

(KRA) “processing area” or “separation area”; or

• 100 metres of a KRA “transport route”; or

• “High impact activity” or “high impact activity buffer”; or

Extractive resources and high impact activities overlay code

Adds Nature-based tourism as code assessable where within the extractive resources and high impact activities overlay to ensure that where accommodation uses are proposed they are appropriately located.

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Proposed amendment Rationale

• Multiple dwelling • Nature-based tourism • Relocatable home park • Residential care facility • Resort complex • Retirement facility • Rooming

accommodation • Short-term

accommodation • Tourist park

• “Non-KRA quarry” or “Non-KRA quarry buffer”

P5-19 • 5.10 – Categories of development and assessment – Overlays

• Table 5.10.1 – assessment benchmarks for overlays – Flood and coastal hazards overlay

• Page 5 – 134

Flood and coastal hazards overlay

Code assessment if within the Flood hazard or Erosion prone areas does not apply to Nature-based tourism where for a Self-contained recreational vehicle ground or to Tourist park where for Self-contained recreational vehicle ground within an existing Tourist park. Requirements from the Flood hazard overlay code are included in the Nature-based tourism code (Self-contained recreational vehicle ground only) and the Tourist park and relocatable home park code (Self-contained recreational vehicle ground only).

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Proposed amendment Rationale

MCU for all defined uses except: • animal husbandry • cropping • cemetery • dwelling house • dual occupancy • dwelling unit • environment facility • home-based business • market • nature-based tourism if

for self-contained recreational vehicle ground

• park • permanent plantation • roadside stall • tourist park if for self-

contained recreational vehicle ground

• utility installation • non-residential uses

within an existing building.

Code assessment if within the: • “area affected by 1%

AEP flood event”; or • “area affected by 0.2%

AEP flood event”; or • “storm tide inundation

area”

Flood and coastal hazards overlay code

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Proposed amendment Rationale

MCU for all uses except: • animal husbandry • cropping • dwelling house • environment facility • home-based business • market • nature-based tourism if

for self-contained recreational vehicle ground

• park • permanent plantation • roadside stall • tourist park if for self-

contained recreational vehicle ground

• utility installation • new uses within an

existing building

Code assessment if within the “erosion prone area”

Flood and coastal hazards overlay code

P5-20 • 5.10 – Categories of development and assessment – Overlays

• Table 5.10.1 – assessment benchmarks for overlays – Landscape character and image corridor overlay

• Page 5 – 138

Landscape character and image corridor overlay

MCU for all defined uses except: • animal husbandry • cemetery • cropping • dwelling house • environment facility • home-based business • market

Code assessment if: • within a “landscape

character area”; or • on land adjoining an

“image corridor”

Landscape character and image corridor overlay code

Adds Nature-based tourism where for a Self-contained recreational vehicle ground or to Tourist park where for Self-contained recreational vehicle ground within an existing Tourist park to list of uses which do not trigger assessment against the Landscape character and image corridor overlay code. Relevant requirements are included in the Nature-based tourism code (Self-contained recreational vehicle ground only) and the Tourist park

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Proposed amendment Rationale

• nature-based tourism if for self-contained recreational vehicle ground

• park • permanent plantation • roadside stall • tourist park if for self-

contained recreational vehicle ground

• new uses within an existing building

and relocatable home park code (Self-contained recreational vehicle ground only).

P5-21 • 5.10 – Categories of development and assessment – Overlays

• Table 5.10.1 – assessment benchmarks for overlays – Landslide hazard overlay

• Page 5 - 139

Landslide hazard overlay

MCU for: • dwelling house • dwelling unit • dual occupancy • caretaker’s

accommodation • nature-based tourism if

for self-contained recreational vehicle ground

• rural worker’s accommodation

• tourist park if for self-contained recreational vehicle ground

Accepted development subject to requirements if: • within the “landslide

hazard area”; • complying with all

requirements for accepted development

Landslide hazard overlay code – all acceptable outcomes in the “Accepted development subject to requirements and assessable development” section

Adds Nature-based tourism where for a Self-contained recreational vehicle ground or to Tourist park where for Self-contained recreational vehicle ground within an existing Tourist park to list of uses which are ADSR if within the landslide hazard area.

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P5-22 • 5.10 – Categories of development and assessment – Overlays

• Table 5.10.1 – assessment benchmarks for overlays – Landslide hazard overlay

• Page 5 - 139

MCU for all other uses, except: • animal husbandry • cemetery • cropping • environment facility • home-based business • market • park • roadside stall • telecommunications

facility

Code assessment if within the “landslide hazard area”

Landslide hazard overlay code

Consequential to P5-19

PART 6 - ZONES - - No amendments specific to this section -

PART 7 - LOCAL PLANS -

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No amendments specific to this section

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PART 8 - OVERLAYS P8-1 • Table 8.2.2.3.A

– Agricultural land overlay

• Page 8 – 5

Table 8.2.2.3.A – Agricultural land overlay – accepted development subject to requirements and assessable development

Performance outcomes Acceptable outcomes Accepted development subject to requirements and assessable development Development on agricultural land PO1 Development utilises or maintains the productive capacity of agricultural land for agricultural purposes, unless: (a) an overriding need in

the public interest is demonstrated; and

AO1.1 Agricultural land accommodates the following agricultural activities and uses that are ancillary, support or complement agricultural land: (a) animal husbandry; and (b) cropping; and (c) intensive animal industry; and (d) intensive horticulture; and (e) major electricity infrastructure; and

Make AO1.1 and AO1.2 requirements for Accepted development subject to requirements. Also add self-contained recreational vehicle grounds to the list of uses that are ancillary, support or complement agricultural land. Allows for ADSR requirements where self-contained recreational vehicle grounds are proposed on agricultural land.

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(b) no alternate sites (not on agricultural land) are available.

(f) out-building/s associated with an agricultural activity; and

(g) rural industry; and (h) small-scale residential uses including

dwelling house, dwelling unit, caretaker’s accommodation and, rural workers’ accommodation; and

(i) utility installation other than a mail depot, sewerage treatment plant, waste (refuse) management facility or water treatment plant.

AO1.2 Development for uses not mentioned in AO1.1: (a) is located outside areas identified as

Agricultural land class A and B and Locally important agricultural areas; or

(b) does not result in over 2,000m2 of land being taken out of agricultural production and: (i) occupies the same location as a

previous non-agricultural use and/or co-locates with existing buildings; or

(ii) is located on the least agriculturally productive part/s of the site1; or

(iii) is not setback more than: (A) 24 metres from an arterial road;

and (B) 12 metres from a sub-arterial

road, collector street or access street.

Assessable development

1 “Least agriculturally productive part of the site” means land not identified as agricultural land or land encumbered by site constraints such as poor soil, terrain, accessibility and other factors inhibiting

agricultural capacity.

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PO2 Development manages potential sources of contamination by avoiding: (a) adverse affects on

the physical and chemical properties of the soil; and

(b) contamination of the soil that would restrict cropping options by inhibiting crop emergence and/or growth; and

(c) heavy metal contamination of the soil.

No acceptable outcome prescribed.

PART 9 - DEVELOPMENT CODES P9-1 • 9.3 – Use codes

• 9.3.12 – Nature-based tourism code (create new code)

• Page 9 – 68

Create new “Nature-based tourism code” in section 9.3.12 and renumber subsequent codes accordingly. Nature-based tourism code has two tables:

• Table 9.3.12.3.A – Nature-based tourism code – assessable development (excluding Self-contained recreational vehicle ground); and

• Table 9.3.12.3.B – Nature-based tourism code – accepted development subject to requirements and assesasble development (Self-contained recreational vehicle grounds only)

Creates new Nature-based tourism code. Refer to Mackay Region Planning Scheme 2017 – Version 3.0 - track-changes of relevant parts for details.

P9-2 • 9.3 – Use codes • 9.3.12 – Nature-

based tourism code

• Page 9 – 68

Within Table 9.3.12.3.B – Add PO5 and AO5 which require a rubbsih bin on every site. Remove duplicate provision from AO10/PO10. Renumber provisions accordingly.

Intensity of use

Change to amendment made in response to submission issue PS4.4 and PS8.2.

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PO4 Self-contained recreational vehicle grounds: (a) are small-scale and compatible with

the characteristics of the zone; (b) have limited amenities; and (c) are used for short-term stays only.

AO4.1 No more than 10 self-contained recreational vehicles are onsite at any time. AO4.2 Only self-contained recreational vehicles are permitted onsite. AO4.3 Self-contained recreational vehicles are limited to stay no more than 3 consecutive nights. AO4.4 The ground does not include constructed facilities such as sport courts, swimming pools or a kiosk.

PO5 Self-contained recreational vehicle grounds provide adequate rubbish storage and disposal.

AO5 Self-contained recreational vehicle grounds provide a central refuse collection bin.

Assessable development

Services and Utilities

PO10 Self-contained recreational vehicle grounds incorporate infrastructure, services and utilities appropriate to its location and setting and are proportionate with its needs, including: (a) adequate rubbish storage and disposal;

and (a) reliable potable water supply; and (b) treatment and disposal of sewerage and

other waste water is managed in a way that will not cause environmental harm or pose a risk to public health

AO10 Self-contained recreational vehicle grounds, where accommodating 11 or more self-contained recreational vehicles provide: (a) a minimum of 1 unisex toilet; and (b) reticulated water supply where available;

and (c) a central refuse collection bin where the

site is within a defined waste collection area; and

(c) a dump point where reticulated sewer is available.

Submission raised issue that SCRVG not providing a refuse bin was a potential public health issue. Change to amendment makes a requirement for acceptable development and code assessable development that a SCRVG has a central refuse collection bin. This requirement has also been removed from the Assessable development section (PO10/AO10) to avoid duplication. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

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P9-3 • 9.3 – Use codes • 9.3.12 – Nature-

based tourism code

• Page 9 – 74

Amend Table 9.3.12.3.B - AO10.

Assessable development

Services and Utilities

PO10 Self-contained recreational vehicle grounds incorporate infrastructure, services and utilities appropriate to its location and setting and are proportionate with its needs, including: (b) adequate rubbish storage and disposal;

and (c) reliable potable water supply; and (d) treatment and disposal of sewerage and

other waste water is managed in a way that will not cause environmental harm or pose a risk to public health

AO10 Self-contained recreational vehicle grounds, where accommodating 11 or more self-contained recreational vehicles provide: (a) a minimum of 1 unisex toilet; and (b) reticulated water supply where available;

and (c) a central refuse collection bin where the

site is within a defined waste collection area; and

(c) a dump point where reticulated sewer is available.

(c) a dump point: (i) for blackwater and greywater where

reticulated sewer is available; or (ii) for greywater where reticulated

sewer is not available.

Change to proposed amendment in response to submission issues PS4.7, PS4.8. Amend requirement for assessable development for Self-contained RV grounds where accommodating 11 or more self-contained recreational vehicles to require a dump point for greywater where reticulated sewer is not available. The requirement of a dump point for greywater and blackwater where reticulated sewer is available remains. This change is in response to concerns that few RVs have onboard greywater storage, and potential environmental impacts resulting from incorrect disposal of greywater. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

P9-4 • 9.3 – Use codes • Table 9.3.21.3.A • Page 9 - 104

Table 9.3.2021.3.A – Tourist park and relocatable home park code – assessable development (excluding Self-contained recreational vehicle ground)

Clarify that existing tourist park and relocatable home park code does not apply to Self-contained recreational vehicle grounds by amending the title.

P9-5 • 9.3 – Use codes • Table 9.3.21.3.B • Page 9-109

Create new Table 9.3.21.3.B – Tourist park and relocatable home park code – accepted development subject to requirements and assessable development (Self-contained recreational vehicle ground only).

Creates new table in the Tourist park and relocatable home park code relevant to Self-contained recreational vehicle grounds only. Refer to Mackay Region Planning Scheme 2017 – Version 3.0 - track-

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changes of relevant parts for details.

P9-6 • 9.3 – Use codes • Table 9.3.21.3.A • Page 9 - 104

Table 9.3.21.3.A – Tourist park (excluding Self-contained recreational vehicle grounds)

PO4 The development: (a) avoids environmental hazards;

and (b) maintains the ecological integrity

of the local area; and (c) integrates with the landscape

character of the area.

AO4 Tourist parks and relocatable home parks avoid areas: (a) subject to inundation:

(i) in a 1% AEP flood event; and (ii) from an overland flow path;

or (b) identified as “high risk bushfire

area” or “medium risk bushfire area”; or

(c) within 500 metres of properties within the High impact industry zone; or

(d)(c) containing remnantidentified as environmentally significant vegetation; or

(e)(d) within 100 metres of ridgelines, erosion prone land, watercourses and wetlands.

Amendment to Tourist park code (excluding self-contained RV grounds) is to achieve consistency in wording across Tourist park code and Nature-based tourism code. Remnant vegetation reference changed to “identified as environmentally significant vegetation” which is mapped in the Biodiversity overlay. Also remove requirement to be 500m from High impact industry zone due to duplication of Extractive resources and high impact activity overlay code.

P9-7 • 9.3 – Use codes • Table 9.3.21.3.B • Page 9 – 111

Table 9.3.21.3.B – Tourist park (Self-contained recreational vehicle ground only)

Intensity of use PO3 Self-contained recreational vehicle grounds:

AO3.1 No more than 10 self-contained recreational vehicles are onsite at any time.

Change to amendment in response to submission issue SP4.6. The submission pointed out that a self-contained RV ground is a sub set of the Tourist Park use and that it is clearly a Tourist park.

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(a) are of a size and scale compatible with the characteristics of the zone; and

(b) have limited amenities; and (c) are used for short-term stays

only.

AO3.2 Only Self-contained recreational vehicles are permitted onsite. AO3.3 Self-contained recreational vehicles are limited to stay no more than 3 consecutive nights. AO3.4 The ground does not include constructed facilities such as sport courts, swimming pools or a kiosk. Note – does not apply to existing facilities in existing Tourist parks.

This led to a review of new Self-contained RV grounds establishing under the Tourist park use. It was identified that there was nothing preventing this from occurring and nothing limiting the amenities allowed on site. The main differentiating factor between a Tourist park and a self-contained recreational vehicle ground is the constructed facilities and permanent structures allowed under a Tourist park, but not as a Self-contained RV ground. A provision stating that no constructed facilities are provided was included in the Nature-based tourism Table 9.3.12.3.B. This same provision has been brought into the Tourist park code Table 9.3.21.3.B, with the addition of a note that states that the provision does not apply to existing facilities in existing tourist parks. The note ensures that existing Tourist parks will be able to establish Self-contained recreational vehicle grounds. Change to terminology/reference in response to a Minister’s condition to amend an Administrative definition.

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P9-8 • 9.3 – Use codes

• Table 9.3.21.3.B • Page 9 – 111

Table 9.3.21.3.B – Tourist park (Self-contained recreational vehicle ground only) Add new PO4/AO4 and renumber provisions accordingly. Remove duplicate provision from PO9/AO9.

PO4 Self-contained recreational vehicle grounds provide adequate rubbish storage and disposal.

AO4 Self-contained recreational vehicle grounds provide a central refuse collection bin.

Assessable development

Services and Utilities

PO89 Self-contained recreational vehicle grounds incorporate infrastructure, services and utilities appropriate to its location and setting and are proportionate with its needs, including: (a) adequate rubbish storage and disposal; and (a) reliable potable water supply; and (b) treatment and disposal of sewerage and

other waste water is managed in a way that will not cause environmental harm or pose a risk to public health

AO89 Self-contained recreational vehicle grounds, where accommodating 11 or more self-contained recreational vehicles provide: (a) a minimum of 1 unisex toilet; and (b) reticulated water supply where available;

and (c) a central refuse collection bin where the site

is within a defined waste collection area; and

(c) a dump point where reticulated sewer is available.

Change to amendment made in response to submission issue PS4.4 and PS8.2. Submission raised issue that SCRVG not providing a refuse bin was a potential public health issue. Change to amendment makes a requirement for acceptable development and code assessable development that a SCRVG has a central refuse collection bin. This requirement has also been removed from the Assessable development section (PO9/AO9) to avoid duplication. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

P9-9 • 9.3 – Use codes • Table 9.3.21.3.B • Page 9 – 113

Amend Table 9.3.21.3.B – AO9.

Assessable development

Services and Utilities

PO89 Self-contained recreational vehicle grounds incorporate infrastructure, services and utilities appropriate to its location and setting and are proportionate with its needs, including: (a) adequate rubbish storage and disposal;

and (a) reliable potable water supply; and (b) treatment and disposal of sewerage and

other waste water is managed in a way

AO89 Self-contained recreational vehicle grounds, where accommodating 11 or more self-contained recreational vehicles provide: (a) a minimum of 1 unisex toilet; and (b) reticulated water supply where available;

and (c) a central refuse collection bin where the site

is within a defined waste collection area; and

Change to proposed amendment in response to submission issues PS4.7, PS4.8. Amend requirement for assessable development for Self-contained RV grounds where accommodating 11 or more self-contained recreational vehicles to require a dump point for greywater where reticulated sewer is not available. The requirement of a dump point for greywater and

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that will not cause environmental harm or pose a risk to public health

(c) a dump point where reticulated sewer is available.

(c) a dump point: (i) for blackwater and greywater where

reticulated sewer is available; or (ii) for greywater where reticulated sewer is

not available.

blackwater where reticulated sewer is available remains. This change is in response to concerns that few RVs have onboard greywater storage, and potential environmental impacts resulting from incorrect disposal of greywater.

PART 10 – OTHER PLANS -

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No amendments specific to this section -

SCHEDULE 1 - DEFINITIONS S1-1 • Table SC1.2.2 –

Administrative definitions

Add the following to the list of administrative definitions:

Self-contained recreational vehicle ground

Self-contained recreational vehicle ground means land designated and managed for the purpose of short term lodging in self-contained recreational vehicles (RVs), motorhomes and caravans.

Define Self-contained recreational vehicle ground. Is currently not clearly defined. New definition assists with setting Category of assessment and requirements.

S1-2 • Table SC1.2.2 – Administrative definitions

Add the following to the list of administrative definitions:

Self-contained recreational vehicle

Self-contained recreational vehicle means a vehicle that has on board cooking, and sleeping and toilet facilities and can: (a) hold fresh water; and (b) store greywater and/or blackwater.

Define Self-contained recreational vehicle. Currently not clearly defined. New definition defines what a self-contained recreational vehicle is and assists the definition of self-contained recreational vehicle ground. Change to definition in response to submission issue PS2.3, PS2.4 and PS4.8. The reference ‘greywater and/or blackwater’ is ambiguous whereas the intention was for self-contained recreational vehicles to be required to hold both grey and blackwater.

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The ‘/or’ has been removed and a reference to requiring on board toilet facilities has been added. Change to Administrative definition in response to a Minister’s condition to provide further clarity.

SCHEDULE 2 - MAPPING -

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No amendments specific to this section -

SCHEDULE 3 - PRIORITY INFRASTRCUTURE PLAN MAPPING

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No amendments specific to this section -

SCHEDULE 4 - NOTATIONS REQUIRED UNDER THE SUSTAINABLE PLANNING ACT 2009 -

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No amendments specific to this section -

SCHEDULE 5 - LAND DESIGNATED FOR COMMUNITY INFRASTRUCTURE

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- No amendments specific to this section -

SCHEDULE 6 - PLANNING SCHEME POLICIES -

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No amendments specific to this section -

APPENDIX 1 - INDEX AND GLOSSARY OF ABBREVIATIONS AND ACRONYMS

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No amendments specific to this section -

APPENDIX 2 - TABLE OF AMENDMENTS - - - -