Planning Scheme
Part 5 - Tables of assessment
- Preliminary
- Reading the tables
- Levels of assessment
- Categories of development and assessment - Material change of use
- Categories of development and assessment - Reconfiguring a lot
- 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.
5.2 Reading the tables
The tables identify the following:
- The category of development:
- prohibited;
- accepted, including accepted with requirements; and
- assessable development, that requires either code or impact assessment
- the category of assessment – code or impact - for assessable development in:
- a zone and, where used, a precinct of a zone
- the assessment benchmarks for assessable development, including:
- whether a zone code or specific provisions in the zone code apply (shown in the ‘assessment benchmarks’ column)
- any other applicable code(s) (shown in the ‘assessment benchmarks’ column)
- 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.
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:
- for a material change of use, establish the use by reference to the use definitions in Schedule 1
- for all development, identify the following:
- the zone or zone precinct that applies to the premises, by reference to the zone map in Schedule 2
- 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.
- 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
- 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:
- section 5.5 Categories of development and assessment—Material change of use
- section 5.6 Categories of development and assessment—Reconfiguring a lot
- section 5.7 Categories of development and assessment—Operational work
- 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
- A material change of use is assessable development requiring impact assessable:
- unless the table of assessment states otherwise
- if a use is not listed or defined
- unless otherwise prescribed in the Act or the Regulation.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- The following rules apply in determining assessment benchmarks for each category of development and assessment:
- Code assessable development:
- is to be assessed against all assessment benchmarks identified in the assessment benchmarks column.
- that occurs as a result of development becoming code assessable pursuant to sub-section 5.3.3(2), must:
- 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)
- 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);
- that complies with:
- the purpose and overall outcomes of the code complies with the code
- the performance or acceptable outcomes complies with the purpose and overall outcomes of the code;
- 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.
- Impact assessable development:
- is to be assessed against the identified assessment benchmarks in the assessment benchmarks column (where relevant)
- assessment is to have regard to the whole of the planning scheme, to the extent relevant
- 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.
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 |
---|---|---|
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 |
---|---|---|
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 |
---|---|---|
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. |
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 |
---|---|---|
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 |
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Substation | Accepted development | |
If:
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Utility installation | Accepted development | |
If:
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Outdoor sport and recreation | Accepted development | |
If provided by a public sector entity or MSC. |
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Any use above that is not accepted development | Code assessment | |
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General development code | |
Club |
Code assessment | |
General development code |
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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 |
---|---|---|
Rural Activities | Accepted development | |
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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 |
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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. |
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Permanent Plantation |
Accepted development | |
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Dwelling House | Accepted development | |
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Home based business | Accepted development | |
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Short term accommodation | Accepted development | |
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Major electricity infrastructure |
Accepted development | |
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Substation | Accepted development | |
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Utility installation |
Accepted development | |
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Outdoor sport and recreation | Accepted development | |
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Rural workers accommodation | Accepted development | |
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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:
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General development code | |
Aquaculture | Code assessment | |
General development code Rural zone code |
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Environment facility | Code assessment | |
General development code Rural zone code |
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Nature based tourism | Code assessment | |
General development code Rural zone code |
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Outdoor sport and recreation | Code assessment | |
If not provided by a public sector entity or MSC |
General development code Rural zone code |
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Renewable energy facility | Code assessment | |
General development code Rural zone code |
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Service station | Code assessment | |
General development code Rural zone code |
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Home based business | Code assessment | |
For bed and breakfast style accommodation |
General development code Rural zone code |
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Non-resident workforce accommodation | ||
The planning scheme including:
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Impact assessment | ||
Any other use not listed in this table. |
The planning scheme |
Use | Categories of development and assessment | Assessment benchmarks |
---|---|---|
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 | |
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)
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Home based business | Accepted development | |
If:
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Major electricity infrastructure | Accepted development | |
If provided by a public sector entity or MSC. |
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Substation | Accepted development | |
If:
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Utility installation | Accepted development | |
If:
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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. |
The planning scheme |
Use | Categories of development and assessment | Assessment benchmarks |
---|---|---|
Park | Accepted development | |
Home based business | Accepted development | |
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Major electricity infrastructure |
Accepted development | |
If provided by a public sector entity or MSC. |
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Substation | Accepted development | |
If:
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Utility installation | Accepted development | |
If:
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Commercial activities | Accepted development | |
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Community activities | Accepted development | |
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Food and drink outlet if the reuse of an existing commercial building. | ||
Dwelling House | Accepted development | |
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)
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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 | |
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General development code Township zone code |
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Multiple Dwelling | Code assessment | |
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General development code Township zone code |
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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 |
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Garden centre | Code assessment | |
Where located within the Charleville Industrial precinct. | General development code Township zone code |
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Indoor sport and recreation | Code assessment | |
Where located within the Charleville Industrial precinct. | General development code Township zone code |
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Service station | Code assessment | |
Where located within the Charleville Industrial precinct. | General development code Township zone code |
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Outdoor sales | Code assessment | |
Where located within the Charleville Industrial precinct. | General development code Township zone code |
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Commercial activities | Code assessment | |
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General development code Township zone code |
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Market | Code assessment | |
Where located within the Charleville commercial precinct. | General development code Township zone code |
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Showroom | Code assessment | |
Where located within the Charleville commercial precinct. | General development code Township zone code |
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Veterinary services | ||
Where located within the Charleville commercial precinct. | General development code Township zone code |
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Non-resident workforce accommodation | Code assessment | |
Where located in the Industrial precinct | The planning scheme including:
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Impact assessment | ||
Any other use not listed in this table. |
The planning scheme |
Editor’s note—The above categories of development and assessment apply unless otherwise prescribed in the Regulation.
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 |
---|---|---|
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.
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 |
---|---|---|
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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