sec.41Deciding whether development is consistent with future planning intent

sec.41 Deciding whether development is consistent with future planning intent

This section applies if, under schedule 10 , part 15 , a referral agency is deciding whether or not development on premises completely or partly in an SEQ development area is consistent with the future planning intent for the area in which the premises are located. Subsection (3) applies if— the planning scheme applying to the premises, or a major amendment of the planning scheme, is made after the gazette notice identifying the SEQ development area is published; and the planning scheme or amendment includes a land use and infrastructure plan for the SEQ development area. The referral agency may decide the development is consistent with the future planning intent for the area only if the development is consistent with the land use and infrastructure plan. If subsection (3) does not apply, the referral agency may decide the development is consistent with the future planning intent for the area only if the development— is consistent with the outcomes and strategies, and subregional directions, stated in the SEQ regional plan; and does not compromise the intent for the area stated in— the SEQ regional plan; or the gazette notice for the SEQ development area; and does not adversely affect the delivery and orderly sequencing of infrastructure for the SEQ development area or land adjacent to the SEQ development area; and is compatible with the use of other premises in the surrounding area; and avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides, or, if the area can not be avoided, minimises the risk. In this section— major amendment , of a planning scheme, see the Minister’s guidelines and rules, schedule 1 , section 4 . s 41 sub 2017 SL No. 141 s 8 amd 2023 SL No. 195 s 4 (sec.41-ssec.1) This section applies if, under schedule 10 , part 15 , a referral agency is deciding whether or not development on premises completely or partly in an SEQ development area is consistent with the future planning intent for the area in which the premises are located. (sec.41-ssec.2) Subsection (3) applies if— the planning scheme applying to the premises, or a major amendment of the planning scheme, is made after the gazette notice identifying the SEQ development area is published; and the planning scheme or amendment includes a land use and infrastructure plan for the SEQ development area. (sec.41-ssec.3) The referral agency may decide the development is consistent with the future planning intent for the area only if the development is consistent with the land use and infrastructure plan. (sec.41-ssec.4) If subsection (3) does not apply, the referral agency may decide the development is consistent with the future planning intent for the area only if the development— is consistent with the outcomes and strategies, and subregional directions, stated in the SEQ regional plan; and does not compromise the intent for the area stated in— the SEQ regional plan; or the gazette notice for the SEQ development area; and does not adversely affect the delivery and orderly sequencing of infrastructure for the SEQ development area or land adjacent to the SEQ development area; and is compatible with the use of other premises in the surrounding area; and avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides, or, if the area can not be avoided, minimises the risk. (sec.41-ssec.5) In this section— major amendment , of a planning scheme, see the Minister’s guidelines and rules, schedule 1 , section 4 .