Part 1 - About the planning scheme

Part 1 - About the planning scheme

  1. Introduction
  2. Planning Scheme components
  3. Interpretation
  4. Hierarchy of assessment benchmarks
  5. Building work regulated under the planning scheme
  6. Local government administrative matters

1.1  Introduction

  1. The Murweh Shire (LGA) planning scheme (planning scheme) has been prepared in accordance with the Sustainable Planning Act 2009 (the SP Act) as a framework for managing development in a way that advances the purpose of the SP Act.
  2. The planning was amended for alignment with the Planning Act 2016 (the Act) by the Minister’s rules under section 293 of the Act on Friday 1st of December 2017.
  3. In seeking to achieve this purpose, the planning scheme sets out Murweh Shire Council’s (MSC) intentions for the future development in the planning scheme area, over the next 20 years.
  4. The planning scheme applies to the planning scheme area of Murweh Shire Council (the Shire) including all premises, roads and internal waterways and interrelates with the surrounding local government areas shown in Schedule 2 - Murweh Shire Council Context Map.

Editor’s note – The planning scheme has been amended to align with use terms and administrative terms as provided in the Planning Act 2016. In accordance with section 16(3) of the Act, the regulated requirements (to the extent chosen) apply to the planning scheme to the extent of any inconsistency.

Editor’s note—State legislation may state that the planning scheme does not apply to certain areas, e.g. Brisbane core port land where there is a land use plan only to the extent of any inconsistency

Editor’s note—In accordance with the provisions of section 26 of the Sustainable Ports Development Act 2015 a port overlay for a master planned area prevails over the planning scheme, to the extent of any inconsistency.

Map 1–Local government planning scheme area and context

Murweh Shire Planning Scheme - Context Map

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1.2   Planning scheme components

  1. The planning scheme comprises the following components:
    1. about the planning scheme
    2. state planning provisions
    3. the strategic framework
    4. the local government infrastructure plan
    5. tables of assessment
    6. the following zones:
      1. Recreation and Open Space Zone
      2. Rural Zone
      3. Rural Residential Zone
      4. Township Zone, inclusive of the following precincts:
        1. Commercial
        2. Industrial
        3. Residential
    7. the following statewide development codes:
      1. Community residence requirements
      2. Requirements for cropping involving forestry for wood production for accepted development
      3. Reconfiguring a lot (subdividing one lot into two lots) and associated operational works code
    8. the following use codes:
      1. General development code
      2. Non-resident workforce accommodation code
    9. other development codes:
      1. Operational works code
      2. Reconfiguring a lot code
    10. the following schedules:
      1. Schedule 1 – Definitions
      2. Schedule 2 – Mapping
      3. Schedule 3 – Priority infrastructure plan and supporting material
      4. Schedule 4 – Notion required under the Planning Act 2016
      5. Schedule 5 – Designation of premises for development
      6. Schedule 6 – Local Heritage Places

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1.3   Interpretation

1.3.1   Definitions

  1. A term used in the planning scheme has the meaning assigned to that term by:
    1. the Planning Act 2016 (the Act)
    2. the Planning Regulation 2017 (the Regulation) to the extent they been identified
    3. the definitions in Schedule 1 of the planning scheme
    4. the Acts Interpretation Act 1954
    5. the ordinary meaning where that term is not defined in any of the above.
  2. In the event a term has been assigned a meaning in more than one of the instruments listed in sub-section 1.3.1(1), the meaning contained in the instrument highest on the list will prevail.
  3. A reference in the planning scheme to any Act includes any regulation or instrument made under it, and where amended or replaced, means the amended or replaced Act.
  4. A reference in the planning scheme to a specific resource document or standard, means the latest version of the resource document or standard.
  5. A reference to a part, section, table or schedule is a reference to a part, section, table or schedule of the planning scheme.

Editor’s note – In accordance with section 5(2)(a) of the Planning Regulation 2017, the regulated requirements apply to this planning scheme only where specifically identified as regulated requirements in the sections containing the definitions.

1.3.2   Standard drawings, maps, notes, editor’s notes and footnotes

  1. Standard drawings contained in codes or schedules are part of the planning scheme.
  2. Maps provide information to support the outcomes and are part of the planning scheme.
  3. Notes are identified by the title “note” and are part of the planning scheme.
  4. Editor’s notes and footnotes are extrinsic material, as per the Acts Interpretation Act 1954, are identified by the title 'editor’s note' and 'footnote' and are provided to assist in the interpretation of the planning scheme; they do not have the force of law.

Note—this is an example of a note.
Editor’s note—this is an example of an editor’s note.
Footnote—this is an example of a footnote.

1.3.3   Punctuation

  1. A word followed by “;” or “; and” is considered to be “and”
  2. A word followed by “; or” means either or both options can apply.

1.3.4   Zones for roads, closed roads, waterways and reclaimed land

  1. The following applies to a road, closed road, waterway or reclaimed land in the planning scheme area:
    1. if adjoined on both sides by land in the same zone—the road, closed road, waterway or reclaimed land is in the same zone as the adjoining land
    2. if adjoined on one side by land in a zone and adjoined on the other side by land in another zone—the road, closed road, waterway or reclaimed land is in the same zone as the adjoining land when measured from a point equidistant from the adjoining boundaries
    3. if the road, closed road, waterway or reclaimed land is adjoined on one side only by land in a zone—the entire waterway or reclaimed land is in the same zone as the adjoining land
    4. if the road, closed road, waterway or reclaimed land is covered by a zone then that zone applies.

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1.3.5   Categories of development

  1. The categories of development under the Act are:
    1. accepted development

      Editor’s note—A development approval is not required for development that is accepted development. Under section 44(6)(a) of the Act, if a categorising instrument does not apply a category of development to a particular development, the development is accepted development. Schedule 78 of the Regulation also prescribes accepted development.
       
    2. assessable development
      1. code assessment
      2. impact assessment

        Editor’s note – A development permit is not required for self-assessable development
    3. prohibited development

      Editor’s note—A development application may not  be made for prohibited development. Schedule 10 of the Regulation prescribes prohibited development.
  2. The planning scheme  states the category of development  for certain types of development, and specifies the category of assessment for assessable development in the planning scheme area in Part 5 (5.3).

    Editor’s note – Section 43 of the Act identifies that a categorising instrument categorises development and specifies categories of assessment and may be a regulation or local categorising instrument.  A local categorising instrument includes a planning scheme, a TLPI or a variation approval.

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1.4   Hierarchy of assessment benchmarks

  1. Where there is inconsistency between provisions in the planning scheme, the following rules apply:
    1. the strategic framework prevails over all other components to the extent of the inconsistency for impact assessment
    2. relevant codes as specified in Schedules 6 and 10 of the Regulation prevail over all other components to the extent of the inconsistency
    3. zone codes prevail over use codes and other development codes to the extent of the inconsistency

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1.5   Building work regulated under the planning scheme

  1. Section 17(b) of the Regulation identifies the assessment benchmarks for building work that a local planning instrument must not change the effect to the extent the building work is regulated under the building assessment provisions, unless permitted under the Building Act 1975.
  2. The building assessment provisions are listed in section 30 of the Building Act 1975.

    Editor’s note—The building assessment provisions are stated in section 30 of the Building Act 1975 and are assessment benchmarks a code for the integrated development assessment system for the carrying out of building assessment work that is accepted development subject to any requirements or self-assessable work (see also section 31 of the Building Act 1975).
     
  3. This planning scheme, through Part 5, regulates building work in accordance with Sections 32 and 33 of the Building Act 1975.

​Editor’s note—the Building Act 1975 permits planning schemes to:

  • regulate, for the Building Code of Australia (BCA) or the Queensland Development Code (QDC), matters prescribed under a regulation under the Building Act 1975 (section 32).  These include variations to provisions contained in parts MP1.1, MP 1.2 and MP 1.3 of the Queensland Development Code (QDC) such as heights of buildings related to obstruction and overshadowing, siting and design of buildings to provide visual privacy and adequate sight lines, on-site parking and outdoor living spaces. It may also regulate other matters, such as designating land liable to flooding, designating land as bushfire prone areas and transport noise corridors
  • deal with an aspect of, or matter related or incidental to building work prescribed under a regulation under Section 32 of the Building Act 1975;
  • specify alternative boundary clearances and site cover provisions for Class 1 and 10 structures under section 33 of the Building Act 1975.

    Refer to Schedule 9 of the     Regulation to determine assessable development, the type of assessment and any referrals applying to the building work.

Editor’s note—a decision in relation to building work that is assessable development under the planning scheme should only be issued as a preliminary approval. See Section 83(b) of the Building Act 1975.

Editor’s note—In a development application the applicant may request preliminary approval for building work. The decision on that development application can also be taken to be a referral agency’s response under section 56271 of the Act, for building work assessable against the Building Act 1975. 

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1.6 Local government administrative matters

1.6.1 Zones for railway corridors

  1. The following applies to a railway corridor in the planning scheme area:
    1. if adjoined on both sides by land in the same zone—the railway corridor is in the same zone as the adjoining land
    2. if adjoined on one side by land in a zone and adjoined on the other side by land in another zone—the railway corridor is in the same zone as the adjoining land when measured from a point equidistant from the adjoining boundaries
    3. if the railway corridor is adjoined on one side only by land in a zone—the entire railway corridor is in the same zone as the adjoining land.
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