Murweh

Shire Council

Council

Council

Planning Scheme

Part 5 - Tables of assessment

Part 5 - Tables of assessment
  1. Preliminary
  2. Reading the tables
  3. Levels of assessment
  4. Categories of development and assessment - Material change of use
  5. Categories of development and assessment - Reconfiguring a lot
  6. Categories of development and assessment - Operational work

5.1  Preliminary

The tables in this part identify the category of development, and the category of assessment and assessment benchmarks for assessable development in the planning scheme area.

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5.2  Reading the tables

The tables identify the following:

  1. The category of development:
    1. prohibited;
    2. accepted, including accepted with requirements; and
    3. assessable development, that requires either code or impact assessment
  2. the category of assessment – code or impact - for assessable development in:
    1. a zone and, where used, a precinct of a zone
  3. the assessment benchmarks for assessable development, including:
    1. whether a zone code or specific provisions in the zone code apply (shown in the ‘assessment benchmarks’ column)
    2. any other applicable code(s) (shown in the ‘assessment benchmarks’ column)
  4. any variation to the category of assessment (shown as an ‘if’ in the ‘category of assessment’ column) that applies to the development.

Note — Development will only be taken to be prohibited development under the planning scheme if it is identified as prohibited development in Schedule 10 of the Regulation

Editor’s note — Examples of matters that can vary the category of assessment are gross floor area, height, numbers of people or precinct provisions. 

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5.3  Categories of development and assessment

5.3.1 Process for determining the category of development and the category of assessment for assessable development

The process for determining a category of development and category of assessment is:

  1. for a material change of use, establish the use by reference to the use definitions in Schedule 1
  2. for all development, identify the following:
    1. the zone or zone precinct that applies to the premises, by reference to the zone map in Schedule 2
  3. determine if the development is accepted development under Schedule 6 of the Regulation

    Editor’s note – Schedule 6 of the Regulation prescribes development that a planning scheme can not state is assessable development where the matters identified in the schedule are met.
     
  4. determine if the development is assessable development under Schedule 10 of the Regulation by reference to the tables in section 5.4 Regulated categories of development and categories of assessment prescribed by the Regulation
  5. if the development is not listed in the tables in section 5.4 Regulated categories of development and categories of assessment prescribed by the Regulation, determine the initial level of assessment by reference to the tables in:
  1. a precinct of a zone may change the categories of development or assessment and this will be shown in the ‘category of assessment’ column of the tables in section 5.5

5.3.2 Determining the category of development and categories of assessment

  1. A material change of use is assessable development requiring impact assessable:
    1. unless the table of assessment states otherwise
    2. if a use is not listed or defined
    3. unless otherwise prescribed in the Act or the Regulation.
  2. Reconfiguring a lot is assessable development requiring code assessment unless the tables of assessment state otherwise or unless otherwise prescribed in the Act or the Regulation.
  3. Building work and operational work are accepted development, unless the tables of assessment state otherwise or unless otherwise prescribed in the Act or the Regulation.
  4. Where an aspect of development is proposed on premises included in more than one zone, the category of development or assessment for that aspect is the highest category under each of the applicable zones.
  5. The category of development prescribed under Schedule 6 of the Regulation overrides all other categories of development or assessment for that development under the planning scheme to the extent of any inconsistency.

    Editor’s note – Schedule 7 of the Regulation also identifies development that the state categorises as accepted development.  Some development in the schedule may still be made assessable under the planning scheme.
     
  6. Despite all of the above, if development is listed as prohibited development under Schedule 10 of the Regulation, a development application cannot be made.

Note—Development is to be only taken to be prohibited development under the planning scheme only if it is identified in Schedule 10 of the Regulation.

5.3.3 Determining the requirements for accepted development and assessment benchmarks and other matters for assessable development

  1. Accepted development does not require a development approval and is not subject to assessment benchmarks.  However, certain requirements may apply to some types of development for it to be accepted development.  Where nominated in the tables of assessment, accepted development must comply with the requirements identified as acceptable outcomes in the relevant parts of the application code(s) as identified in the relevant column.
  2. Accepted development that does not comply with one or more of the nominated acceptable outcomes in the relevant parts of the applicable code(s) becomes code assessable development, unless otherwise specified. 
  3. The following rules apply in determining assessment benchmarks for each category of development and assessment:
  4. Code assessable development:
    1. is to be assessed against all assessment benchmarks identified in the assessment benchmarks column.
    2. that occurs as a result of development becoming code assessable pursuant to sub-section 5.3.3(2), must: 
      1. be assessed against the assessment benchmarks for the development application, limited to the subject matter of the required acceptable outcomes that were not complied with or were not capable of being complied with under sub-section 5.3.3(2)
      2. comply with all required acceptable outcomes identified in sub-section 5.3.3(1), other than those mentioned in sub-section 5.3.3(2);
    3. that complies with:
      1. the purpose and overall outcomes of the code complies with the code 
      2. the performance or acceptable outcomes complies with the purpose and overall outcomes of the code;
    4. is to be assessed against any assessment benchmarks for the development identified in section 26 of the Regulation.

Editor’s Note— Section 27 of the Regulation also identifies the matters that code assessment must have regard to.

  1. Impact assessable development:
    1. is to be assessed against the identified assessment benchmarks in the assessment benchmarks column (where relevant)
    2. assessment is to have regard to the whole of the planning scheme, to the extent relevant
    3. is to be assessed against any assessment benchmarks for the development identified in section 30 of the Regulation.

Note—The first row of each table of assessment is to be checked to confirm if there are assessment benchmarks that commonly apply to general scenarios in the zone.

Editor’s Note – Section 31 of the Regulation identifies the matters that impact assessment must have regard to.

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5.4 Regulated categories of development and categories of assessment prescribed by the Regulation

For the development specified in the "use", "zone" or "development" columns, the categories levels of development and assessment are prescribed.

Use Categories of development and assessment Assessment benchmarks

Table 5.4.1 - Development under Schedule 6 of the Regulation: material change of use
Community residence Accepted development subject to requirements
Editor’s note- Refer to the material change of use tables for category of development and assessment for community residence that do not comply with the requirements for accepted development. Editor’s note- requirements for community residence development that may not be made assessable under a planning scheme are set out in Schedule 6, part 2, item 6 of the Regulation.

Particular cropping (involving forestry for wood production)

 Accepted development subject to requirements

If in a rural zone

 

Refer to the material change of use tables for category of assessment for cropping (involving forestry for wood production) that do not comply with the requirements for accepted development.

 Editor’s note – requirements for cropping (involving forestry for wood production) are now prescribed in schedule 13 of the Regulation.
Dwelling house Accepted development

If in a residential zone and identified in Schedule 6, part 2(2) of the Regulation.

 

Editor’s note-The Murweh Shire Council Planning Scheme does not contain a zone defined as a residential zone referred to in the regulation.  Therefore this prescribed level of assessment is not triggered in the planning scheme.

 Editor’s note – the Queensland Development Code also applies to dwelling houses.

 

Zone Category of assessment Assessment benchmarks

Table 5.4.2 - Regulated categories of development and categories of assessment: reconfiguring a lot 
Residential zone category or industry zone category (other than a rural residential zone) Code assessment
Subdivision of one lot into two lots (and associated operational work) if code assessment is required under Schedule 10 (part 12) of the Regulation.

Reconfiguring a lot (subdividing one lot into two lots) and associated operational work code.

 

Editor’s note- Assessment benchmarks for the reconfiguring a lot are set out in Schedule 12 of the Regulation.

 

Zone Category of assessment Assessment benchmarks

Table 5.4.3 - Regulated categories of development and assessment: operational work
Residential zone category or industry zone category Compliance assessment
Operational work associated with reconfiguring a lot requiring code assessment under Schedule 10, part 12, division 2  of the Regulation. Editor’s note-Assessment benchmarks for the reconfiguring a lot and associated operational works are set out in Schedule 12 of the Regulation.

 

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5.5 Categories of development and assessment—Material change of use

The following tables identify the categories of development and assessment for development in a zone for making a material change of use.

Use Level of assessment Assessment criteria

Table 5.5.1 - Recreation and open space zone
Park Accepted development
   

Roadside stall

 Accepted development
Note - Separate approval is required from the Department of Transport and Main Roads for a Roadside Stall in the State-controlled road reserve under the Transport Infrastructure Act 1994  
Major electricity infrastructure  Accepted development

If provided by a public sector entity or MSC

  
Substation Accepted development
 
If:
  1. provided by a public sector entity or MSC; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping.
  
Utility installation  Accepted development
If:
  1. provided by a public sector entity or MSC; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping if involving water treatment plant or a waste management facility.
  
Outdoor sport and recreation  Accepted development

If provided by a public sector entity or MSC.

  
Any use above that is not accepted development Code assessment

 

 General development code

Club
 

 Code assessment
 

General development code

Outdoor sport and recreation

 Code assessment
Where not provided by a public sector entity or MSC General development code
Food and drink outlet Code assessment
  General development code
Market Code assessment
  General development code
Impact assessment

Any other use not listed in this table.

Any use listed in this table and not meeting the description listed in the “Categories of development and assessment” column. 

 The planning scheme

 

Editor’s note—The above categories of development and assessment apply unless otherwise prescribed in the Regulation.

Use Categories of development and assessment Assessment benchmarks

Table 5.5.2 - Rural zone
Rural Activities Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • Other than cropping where involving forestry for wood production.
  

Park
 

 Accepted development
Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1.  

Roadside stall

 Accepted development

Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1.

 

Note - Separate approval is required from the Department of Transport and Main Roads for a Roadside Stall in the State-controlled road reserve under the Transport Infrastructure Act 1994

  
Winery Accepted development

Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1.

  

Permanent Plantation

 Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • Where not located in a mapping category on SPP mapping – Economic Growth, Agriculture.
  
Dwelling House Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • Where not located in a flood hazard on Schedule 2 – Flood mapping or a bushfire hazard area on SPP mapping – Hazards and Safety, Natural Hazards, Bushfire; and 
Editor’s Note:  MSC is using the statewide interactive bushfire mapping as the mapping in their scheme and that the bushfire hazard shown in that mapping is deemed to be the Bushfire Prone Area in the scheme (so as to trigger the Building Code and AS3959-2009).
  • not exceeding 8.5m in building height.
  
Home based business Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • If:
    • (a) not for bed and breakfast style accommodation; and
    • (b) not located in a flood hazard area shown on Schedule 2 – flood mapping if involving building work.

 
Short term accommodation  Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • for farm stay style accommodation if not located in a flood hazard area shown on Schedule 2 – flood mapping.
  

Major electricity infrastructure 

 Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • If provided by a public sector entity or MSC.
  
Substation Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • If:
    • (a) provided by a public sector entity or MSC; and
    • (b) not located in a flood hazard area shown on Schedule 2 – flood mapping.
  

Utility installation 

 Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • If:
    • (a) provided by a public sector entity or MSC; and
    • (b) not located in a flood hazard area shown on Schedule 2 – flood mapping if involving water treatment plant or a waste management facility.
  
Outdoor sport and recreation Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • If provided by a public sector entity or MSC.
  
Rural workers accommodation Accepted development
  • Where activities, buildings/structures and works are not located within 200m of the petroleum pipeline identified on Schedule 2 Map MWH C1; and
  • If:
    • (a) provided by a public sector entity or MSC; and
    • (b) not located in a flood hazard area shown on Schedule 2 – flood mapping.
  
Any use above that is not accepted development Code assessment
  General development code
Veterinary services Code assessment
  General development code
Rural industry Code assessment
If:
  • 1,000 or less birds of poultry; or
  • 400 or less standard pig units; or
  • 150 or less standard cattle units; or
  • 1000 or less standard sheep units.
 General development code
Aquaculture Code assessment
 

General development code

Rural zone code
Environment facility Code assessment
 

General development code

​Rural zone code
Nature based tourism Code assessment
 

General development code

​Rural zone code
Outdoor sport and recreation Code assessment
If not provided by a public sector entity or MSC

General development code

​Rural zone code
Renewable energy facility Code assessment
 

General development code

​​Rural zone code
Service station Code assessment
 

General development code

​​Rural zone code
Home based business  Code assessment
For bed and breakfast style accommodation

General development code

​​Rural zone code
Non-resident workforce accommodation  
  The planning scheme including: 
  • General development code.
  • Rural zone code.
  • Non-resident workforce accommodation Code
Impact assessment

Any other use not listed in this table.
Any use listed in this table and not meeting the description listed in the “Categories of development and assessment” column. 
Any other undefined use.

 The planning scheme
Use Categories of development and assessment Assessment benchmarks

 

Editor’s note—The above categories of development and assessment apply unless otherwise prescribed in the Regulation.

Table 5.5.3 - Rural residential zone
Park Accepted development
     

Roadside stall

 Accepted development
Note - Separate approval is required from the Department of Transport and Main Roads for a Roadside Stall in the State-controlled road reserve under the Transport Infrastructure Act 1994  
Dwelling House Accepted development
  1. Where not located in a flood hazard area shown on Schedule 2 – flood mapping or a bushfire hazard area on SPP mapping – Hazards and Safety, Natural Hazards, Bushfire; and

Ed Note:  MSC is using the statewide interactive bushfire mapping as the mapping in their scheme and that the bushfire hazard shown in that mapping is deemed to be the Bushfire Prone Area in the scheme (so as to trigger the Building Code and AS3959-2009)

 

  1. not exceeding 8.5m in building height.
  
Home based business Accepted development
If:
  1. a maximum of 60 m2 of GFA; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping if involving building work.
  
Major electricity infrastructure Accepted development

If provided by a public sector entity or MSC.

  
Substation Accepted development
If:
  1. provided by a public sector entity or MSC; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping.
  
Utility installation Accepted development
If:
  1. provided by a public sector entity or MSC; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping if involving water treatment plant or a waste management facility.
  
Dwelling house Code assessment
Where not identified accepted development. General development code
Home based business Code assessment
Where greater than 60 m2 of GFA not for bed and breakfast style accommodation only.

General development code

Rural residential zone code
Impact assessment

Any other use not listed in this table.
Any use listed in this table and not meeting the description listed in the “Categories of development and assessment” column. 
Any other undefined use.

 The planning scheme
Use Categories of development and assessment Assessment benchmarks

 

Editor’s note—The above categories of development and assessment apply unless otherwise prescribed in the Regulation.

Table 5.5.4 - Township zone
Park Accepted development
   
Home based business Accepted development
  1. where a maximum of 60 m2  GFA; and 
  2. does not include bed and breakfast style accommodation; and
  3. not located in a flood hazard area shown on Schedule 2 – flood mapping if involving building work.
  

Major electricity infrastructure

 Accepted development

If provided by a public sector entity or MSC.

  
Substation Accepted development

If:

  1. provided by a public sector entity or MSC; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping.
  
Utility installation Accepted development
If:
  1. provided by a public sector entity or MSC; and
  2. not located in a flood hazard area shown on Schedule 2 – flood mapping if involving water treatment plant or a waste management facility.
  
Commercial activities Accepted development
  • In the Charleville commercial precinct if:
  1. the reuse of an existing building and no external building work is proposed; or
  2. the reuse of a local heritage place and requires no building or operational work in relation to it; or
  3. the reuse of a local heritage place requiring building or operational work in relation to it and an exemption certificate has been granted by MSC.
  
Community activities Accepted development
  • Where not in the Industrial precinct; and
  1. the reuse of an existing building and no external building work is proposed; or
  2. the reuse of a local heritage place and requires no building or operational work in relation to it; or
  3. the reuse of a local heritage place requiring building or operational work in relation to it and an exemption certificate has been granted by MSC.
  
Food and drink outlet if the reuse of an existing commercial building.    
Dwelling House Accepted development
  1. Where not located in a flood hazard area on Schedule 2 – Flood mapping or a bushfire hazard area on SPP  mapping  – Hazards and Safety, Natural Hazards, Bushfire; and
 
Editor’s Note:  MSC is using the statewide interactive bushfire mapping as the mapping in their scheme and that the bushfire hazard shown in that mapping is deemed to be the Bushfire Prone Area in the scheme (so as to trigger the Building Code and AS3959-2009)
 
  1. not exceeding 8.5m in building height.
  
Any use above that is not accepted development Code assessment
  General development code
Caretaker’s accommodation Code assessment
  General development code
Emergency Services Code assessment
  General development code
Dual Occupancy Code assessment
  1. where located within the Charleville residential precinct; and
  2. on a lot greater than 800m2
 General development code
Township zone code
Multiple Dwelling Code assessment
  1. where located within the Charleville residential precinct; and
  2. on a lot greater than 1000m2
 General development code
Township zone code
Low Impact Industry Code assessment
Where located within the Industrial precinct.  
Hardware and trade supplies Code assessment
Where located within the Industrial precinct.  
Warehouse Code assessment
Where located within the Industrial precinct.  
Transport Depot Code assessment
  Where located within the Industrial precinct.  
Service Industry Code assessment
Where located within the Industrial precinct. General development code
Agricultural supplies store Code assessment
Where located within the Charleville Industrial precinct. General development code
Township zone code
Garden centre Code assessment
Where located within the Charleville Industrial precinct. General development code
Township zone code
Indoor sport and recreation Code assessment
Where located within the Charleville Industrial precinct. General development code
Township zone code
Service station Code assessment
Where located within the Charleville Industrial precinct. General development code
Township zone code
Outdoor sales Code assessment
Where located within the Charleville Industrial precinct. General development code
Township zone code
Commercial activities Code assessment
  • Within the Charleville commercial precinct:
  1. If the reuse of a local heritage place; and
  2. requires  building or operational work in relation to it.
 General development code
Township zone code
Market Code assessment
Where located within the Charleville commercial precinct. General development code
Township zone code
Showroom Code assessment
Where located within the Charleville commercial precinct. General development code
Township zone code
Veterinary services  
Where located within the Charleville commercial precinct. General development code
Township zone code
Non-resident workforce accommodation Code assessment
Where located in the Industrial precinct The planning scheme including:
  • General development code
  • Township zone code
  • Non-resident Workforce Accommodation Code
Impact assessment

Any other use not listed in this table.
Any use listed in this table and not meeting the description listed in the “Categories of development and assessment” column. 
Any other undefined use.

 The planning scheme

 

Editor’s note—The above categories of development and assessment apply unless otherwise prescribed in the Regulation.

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5.6 Categories of development and assessment—Reconfiguring a lot

The following table identifies the categories of development and assessment for reconfiguring a lot.

Zone Categories of development and assessment Assessment benchmarks

Table 5.6.1 - Reconfiguring a lot
All zones Code Assessment Reconfiguring of a lot code


Editor’s note—The above categories of development and assessment apply unless otherwise prescribed in the Regulation.

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5.7 Categories of development and assessment - Operational work

The following table identifies the categories of development and assessment for operational work.

Zone Categories of development and assessment Assessment benchmarks

Table 5.7.1 - Operational work
All zones Code assessment
If operational works for a:
A category 2 Levee as identified under the Water Act 2000.		 Operational works code

Operational works that is excavation and/or filling where there would be a change 1m or more in the level of any part of the land or where any drainage path is affected or:

 

Operational works for urban purposes that involve disturbing more than 2500 square metres of land.

 Operational works code

If for clearing native vegetation associated with a material change of use or reconfiguring a lot on a lot that is is less than 5ha

 Operational works code
Impact assessment
If operational works for a:
A category 3 Levee as identified under the Water Act 2000.		 The planning scheme
Accepted development
Any other operational work not listed in this table.

 

Editor’s note—The above categories of development and assessment apply unless otherwise prescribed in the Regulation. 

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