FAQs

Building heights nominated within Zone codes remain generally unchanged, except for: -

• the High density residential zone code at Bargara, where the maximum building height is proposed to be consistent with the heights nominated in TLPI 1/2021 – i.e., 5 storeys along the Esplanade and 6 storeys for a limited number of lots in See Street, for example
• for the Local centre zone code, where the maximum building height for development in the Bargara town centre is proposed to be five storeys, generally consistent with the building height nominated for the High density residential zone at Bargara.

It is noted that the current planning scheme includes acceptable outcomes that provide for a maximum building height of 3 storeys, but up to 5 storeys and 20 metres for ‘exemplary development’ in the High density residential zone and the Local centre zone at Bargara (town centre).  The current planning scheme envisages development up to 5 storeys and 20 metres in these parts of Bargara, which is consistent with existing development in the area and with previous planning instruments including the Burnett Shire Planning Scheme (2006) and the Woongarra Shire Planning Scheme (1976).  The wording of the current planning scheme has led to confusion within the community as to the maximum building height, which prompted the Planning Minister to make a Temporary Local Planning Instrument (TLPI).  Council is required to amend its planning scheme to address the TLPI.  

Zone codes, overlay codes and development codes within the planning scheme generally consist of a Purpose, Overall Outcomes, Performance Outcomes and Acceptable Outcomes.

Performance Outcomes provide a clear outcome to be achieved and are generally supported by Acceptable Outcome/s which represent one way to achieve the Performance Outcome. Where a development proposal does not comply with an applicable Performance Outcome, assessment is required against the higher order Overall Outcomes and Purpose of the code.

Generally consistent with the approach taken by the State Government in TLPI 1/2021, the amendment proposes to make nominated building heights within all Zone codes a Performance Outcome rather than an Acceptable Outcome to elevate the importance of building height provisions for addressing impacts to residential character and amenity.

The proposed amendment also incorporates a Performance Outcome and Overall Outcome relating to building height and scale within the Sea turtle sensitive area overlay code to ensure that building height is considered when assessing potential impacts of development on sea turtles.

The Sea turtle sensitive area covers the entire coastline of the region, including Norval Park, Moore Park Beach, Burnett Heads, Nielson Park, Bargara, Innes Park, Coral Cove, Elliott Heads, Riverview, Coonarr and Woodgate Beach (see image below). The Sea turtle sensitive area is identified on the Coastal Protection Overlay Maps in Schedule 2 (Mapping).

It is important to note that while Council is proposing to strengthen building height controls for development, particularly in coastal areas, the proposed changes do not prevent any person from lodging an application for development that exceeds the nominated building heights. Under the Queensland planning framework, Council is not able to ‘prohibit’ development through its planning scheme.