Adoption of Planning Scheme Amendment No.11 (Building Height and Other Matters) and Repeal of Temporary Local Planning Instrument No.1 of 2021 – Protection of Sea Turtles – Bargara Building Heights (TLPI 01/2021)

Adoption of Planning Scheme Amendment No.11 (Building height and other matters)

UPDATE: At its Ordinary Meeting held 28 February 2023 Council resolved to adopt Planning Scheme Amendment No 11 (Building Height and Other Matters) comprising a Qualified State Interest Amendment and Minor / Administrative Amendments. The amendments will commence as Version 6.0 of the planning scheme on 10 March 2023.

Qualified State Interest Amendment

The Qualified State interest amendment strengthens current provisions relating to building height, particularly for development in coastal locations within the Sea turtle sensitive area. The changes seek to:

• provide greater certainty to building heights, including providing the opportunity for community input (through the impact assessment process) on development within the Sea turtle sensitive area that exceeds the building height nominated for the zone;
• minimise adverse impacts from development on sea turtles; and
• protect the character and amenity of localities.

The amendment also includes changes to how building height is assessed in other zones and localities across the Bundaberg Region.

Minor/Administrative Amendments

The minor and administrative amendments to the planning scheme include:

• removal of provisions in the Extractive resources overlay code that no longer apply due to changes to the State Planning Policy interactive mapping;
• removal of decommissioned infrastructure from the Infrastructure overlay mapping in Schedule 2 (Mapping);
• clarification of the term ‘business activity’ in the Home-based business definition through an editor’s note in Schedule 1 (Definitions); and
• amendments to other use terms and definitions to align with the regulated requirements of the Planning Regulation 2017.

Version 6.0 of the Planning Scheme is available for viewing and download here.

Repeal of TLPI

Notice is also given that on 28 February 2023, Council resolved to repeal Temporary Local Planning Instrument No.1 of 2021: Protection of Sea Turtles – Bargara Building Heights (TLPI 01/2021) under section 24(5) of the Planning Act, effective from 10 March 2023. The repeal of this instrument recognises that Planning Scheme Amendment No 11 (Building Height and Other Matters) provides a longer-term policy response to the interim controls put in place through TLPI 01/2021, which was due to lapse on 28 May 2023.