Planning Regulation 2017
sch.10-sec.15Assessable development—development on or adjoining a Queensland heritage place
Start here
Get a plain-English read of sch.10-sec.15
Turn the raw legal text into a practical explanation grounded in Planning Regulation 2017.
sch.10-sec.15 Assessable development—development on or adjoining a Queensland heritage place
Development on a Queensland heritage place is assessable development, unless— an exemption certificate under the Heritage Act has been given for the development by the chief executive of the department in which that Act is administered; or the development is, under section 78 of that Act, liturgical development; or the development is carried out by the State; or the development is PDA-related development; or the development is carried out for the cross river rail project. A material change of use of premises is assessable development, if— the material change of use is carried out on a lot that shares a common boundary with another lot that is or contains a Queensland heritage place; or the material change of use is carried out on a lot that contains a Queensland heritage place, but is not carried out on the Queensland heritage place. However, subsection (2) does not apply if 1 or more of the following apply— the Queensland heritage place is an archaeological State heritage place as defined under the Heritage Act , schedule; the material change of use is carried out more than 75m from the boundary of the Queensland heritage place; the material change of use is for a single storey dwelling house only; the material change of use is for a dwelling house only and all buildings constructed as part of the use are more than 25m from the boundary of the Queensland heritage place; all buildings and structures, other than dwelling houses, constructed as part of the material change of use have a height of less than 3.5m; the material change of use involves only alterations to existing buildings and structures, with all alterations to the exterior of a building or structure being minor building work; the material change of use is PDA-related development. In this section— cross river rail project means the project known as the cross river rail project described in— the Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development Act ; and any Coordinator-General’s change report for the project under that Act. (sch.10-sec.15-ssec.1) Development on a Queensland heritage place is assessable development, unless— an exemption certificate under the Heritage Act has been given for the development by the chief executive of the department in which that Act is administered; or the development is, under section 78 of that Act, liturgical development; or the development is carried out by the State; or the development is PDA-related development; or the development is carried out for the cross river rail project. (sch.10-sec.15-ssec.2) A material change of use of premises is assessable development, if— the material change of use is carried out on a lot that shares a common boundary with another lot that is or contains a Queensland heritage place; or the material change of use is carried out on a lot that contains a Queensland heritage place, but is not carried out on the Queensland heritage place. (sch.10-sec.15-ssec.3) However, subsection (2) does not apply if 1 or more of the following apply— the Queensland heritage place is an archaeological State heritage place as defined under the Heritage Act , schedule; the material change of use is carried out more than 75m from the boundary of the Queensland heritage place; the material change of use is for a single storey dwelling house only; the material change of use is for a dwelling house only and all buildings constructed as part of the use are more than 25m from the boundary of the Queensland heritage place; all buildings and structures, other than dwelling houses, constructed as part of the material change of use have a height of less than 3.5m; the material change of use involves only alterations to existing buildings and structures, with all alterations to the exterior of a building or structure being minor building work; the material change of use is PDA-related development. (sch.10-sec.15-ssec.4) In this section— cross river rail project means the project known as the cross river rail project described in— the Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development Act ; and any Coordinator-General’s change report for the project under that Act.