INTRODUCTION USER GUIDE - Townsville City Council
Contents
1. as code assessable development a development application must be made to the council for assessment The development application will be assessed against all applicable code s identified as applying to the proposed use as determined in previous steps Note section 313 of the SPA identifies other matters against which code assessable development must be assessed gt gt Determine the proposal s compliance with the planning scheme having regard to the assessment rules in section 5 3 3 c FLOW CHART FOR DETERMINING THE LEVEL OF ASSESSMENT AND ASSESSMENT CRITERIA 1 Determine the type of development If a material c Navigate your way through the Townsville City Plan Is the development a material change of use reconfiguring a lot operational work or building work ge of use determine the use via Schedule 1 De 2 Determine the development site attributes Determine the attributes of the development site via Schedule 2 Mapping determine the zone precinct sub precinct and if there are applicable overlays 3 Determine the levels of assessment 4 Determine the assessment criteria sections of the Townsville City Plan If Exempt development The Townsville City Plan does not apply If Self or Compliance assessable For prescribed development the applicable codes or provisions are listed in Table 5 4 For other development the applicable codes2. gt Exempt development does not require a development approval although other approvals may still be required such as a building approval issued under the Building Act 1975 Self assessable development gt Self assessable development does not require a development approval however the proposed development must comply with the self assessable acceptable outcomes of any applicable codes contained in the Townsville City Plan These acceptable outcomes list the objective requirements the proposed development must achieve Where the development cannot meet these requirements a development approval from council will be required Development requiring compliance This category of development requires a compliance permit from the council Compliance assessment is assessment only used in limited circumstances under the Townsville City Plan TOWNSVILLE CITYPLAN gt gt Code assessable development requires a development approval from council If a development activity requires code assessment that activity is assessed by the assessment manager against the applicable codes and the common material of the Townsville City Plan Where the development does not comply with any of the applicable codes it may be assessed against the Strategic framework of the Townsville City Plan Code assessable development applications are not subject to public notification gt gt Impact assessable development requires a developm
3. the performance outcomes A development is deemed to comply with the performance outcome if gt gt the acceptable outcomes to the performance outcome are complied with or gt gt sufficient information is provided to demonstrate the criterion has been met through an alternative solution As such development applications must show how the proposed development complies with the performance outcome either by complying with the requirements listed as acceptable outcomes the right hand column of the code or show how an alternative approach can still achieve the stated performance outcome The Townsville City Plan also contains several different types of codes which are summarised in Table 3 Table 3 Types of codes Type of Code Brief Outline Zone codes gt gt Zone codes provide the assessment criteria for assessable development in each of the Townsville City Plan s 22 zones Each zone code describes the type of development generally anticipated to occur within the zone and includes assessment criteria that will be used to assess development proposed in that zone Zone codes are contained in Part 6 of the Townsville City Plan and zones zone precincts and sub precincts within a precinct for the city are contained in the mapping included in Schedule 2 Overlay codes gt gt Overlay codes provide the assessment criteria for assessable development that is subject to one or more of the Townsville City Plan s nine overlays e
4. SE CODES AND OTHER DEVELOPMENT CODES AM UNDERSTANDING THE STRUCTURE OF THE STRATEGIC FRAMEWORK The Strategic framework sets the policy direction for the Townsville City Plan and forms the basis for ensuring appropriate development occurs in the planning scheme area for the life of the planning scheme Mapping for the Strategic framework is included in Part 3 and Schedule 2 of the Townsville City Plan For the purpose of describing the policy direction for the planning scheme the Strategic framework is structured in the following way 1 gi oR 6 the strategic intent themes that collectively represent the policy intent of the scheme the strategic outcome s proposed for development in the planning scheme area for each theme the element s that refine and further describe the strategic outcome s the specific outcomes sought for each or a number of elements and the land use strategies for achieving these outcomes Although each theme has its own section the Strategic framework in its entirety represents the policy intent for the Townsville City Plan and should be read collectively TOWNSVILLE CITYPLAN UNDERSTANDING THE STRUCTURE OF CODES The Townsville City Plan s codes are an important part of the planning scheme as they detail the principal assessment criteria that different types of development are assessed against The codes are contained in Parts 6 8 and 9 of the Townsville City Plan and generally f
5. TY PLAN The Townsville City Plan has been developed in accordance with the Sustainable Planning Act 2009 SPA and the Queensland Government s Queensland Planning Provisions QPP The Townsville City Plan format and structure is consistent with all other new planning schemes across Queensland In particular the use of the QPP results in much greater consistency in the type of zones definitions and assessment rules used across the state This approach means planning schemes should be easier to understand and more consistently implemented in the future The Townsville City Plan may be subject to periodic amendments to ensure that it is consistent with the most up to date legislation released by the Queensland Government In accordance with the requirements of the QPP the Townsville City Plan is divided into 11 parts seven schedules and two appendices as summarised below Table 1 Structure of the Townsville City Plan Planning Scheme Component Brief Summary Part 1 About the planning scheme gt gt This part introduces the scheme provides guidance on interpretation identifies the categories of development and includes a hierarchy of assessment criteria in the event that there is inconsistency between different parts of the planning scheme Part 2 State planning provisions gt gt This part confirms which elements of the Queensland Government s Single State Planning Policy are reflected in the scheme and also indicates tha
6. Townsville INTRODUCTION VISION With Townsville s population projected to exceed 300 000 over the next 25 years it is vital that good planning strategies are put in place to ensure our city continues to be a great place to live The Townsville City Plan sets out the vision for how our city should grow to meet the social environmental and economic challenges of the future It strikes a balance between encouraging Townsville s continued growth whilst protecting our community s unique lifestyle It is the legal document that guides and regulates the development of land within our city The Townsville City Plan is the first single planning scheme for Townsville and it replaces the Townsville City Plan 2005 and the City of Thuringowa Planning Scheme 2003 Following the biggest community engagement program in our city s history the plan brings together the community s aspirations under one integrated planning scheme and presents a clear and united vision for the development of our city The Townsville City Plan gt gt supports the growth of Townsville as a more compact city structured around a network of centres with more housing choice and affordability gt gt encourages the revitalisation of the Townsville CBD to create a more vibrant and cosmopolitan community heart gt gt protects our traditional suburbs by preventing further development of six pack unit developments in these area
7. an regulates the following types of development as defined in the Sustainable Planning Act 2009 gt gt making a material change of use of premises this includes starting a new use or increasing the scale and intensity of an existing use and gt gt reconfiguring a lot this includes subdivision and rearranging existing lot boundaries leases exceeding 10 years and some easements The Townsville City Plan also regulates some development activities gt gt carrying out building work such as where associated with certain works in the Character residential zone or certain work on houses triggered by the Coastal protection and Flood hazard overlays and certain work on a local cultural heritage place and gt gt carrying out operational work this includes excavating or filling placing an advertising device on premises and clearing vegetation in particular circumstances Development can involve one or more of the above types of development and or construction activities For each of these types of development the Townsville City Plan identifies a level of assessment also known as a category of development The level of assessment will determine if a development application is required and how council will assess the development application The Sustainable Planning Act 2009 provides for six different categories of development Table 2 Categories of Development Category of development Description Exempt development gt
8. ba Priority Development Area which is under the control of Economic Development Queensland and is subject to the Economic Development Act 2012 In this area the Oonoonba Priority Development Area Development Scheme applies to proposed development rather than the Townsville City Plan It also includes the Townsville City Waterfront Priority Development Area PDA In this area the Townsville City Waterfront PDA Interim Land Use Plan applies until a development scheme is prepared TOWNSVILLE CITYPLAN Schedule 1 Definitions gt gt The schedules provide detailed information such as mapping definitions planning scheme policies land for community infrastructure and policies for implementing and interpreting the components of the Schedule 2 Mapping planning scheme Schedule 3 Priority infrastructure plan mapping and supporting material Schedule 4 Notations required under the Sustainable Planning Act 2009 Schedule 5 Land designated for community infrastructure Schedule 6 Planning scheme policies Schedule 7 Places of cultural heritage value Appendix 1 Index and gt These appendices include a glossary of abbreviations used in the Townsville City Plan and will list all glossary of abbreviations amendments made to the Townsville City Plan over time and acronyms Appendix 2 Table of amendments TYPE OF DEVELOPMENT REGULATED BY THE TOWNSVILLE CITY PLAN The Townsville City Pl
9. d only to the applicable codes or parts of codes as listed in the assessment criteria column There may be multiple codes applicable to the development application depending on the particular development activity Check all applicable tables of assessment to ensure all applicable codes are identified If a particular development site is subject to an overlay then the applicable overlay table of assessment should be referred to For impact assessable development the Townsville City Plan as a whole applies to the extent it is relevant to the proposed development TOWNSVILLE In accordance with Part 1 5 of the Townsville City Plan where there is inconsistency between provisions within the planning scheme the following rules apply 1 2 3 4 5 6 the Strategic framework prevails over all other elements to the extent of the inconsistency statewide codes prevail over all other elements other than the Strategic framework to the extent of the inconsistency overlays prevail over all other elements other than the Strategic framework and statewide codes to the extent of the inconsistency local plan codes prevail over zone codes use codes and other development codes to the extent of the inconsistency zone codes prevail over use codes and other development codes to the extent of the inconsistency provisions of Part 10 Other plans may override any of the above STRATEGIC FRAMEWORK STATEWIDE CODES OVERLAYS LOCAL PLANS U
10. ent approval from council and is assessed against all relevant components of the Townsville City Plan Impact assessable development applications are publicly notified for a specific period of time and public submissions about the development can be made during this time Any persons who lodge a properly made submission will also have a legal right to appeal the council s decision gt Schedule 1 of the Sustainable Planning Act 2009 includes limited circumstances where development is prohibited for example certain types of high impact development in certain areas of high environmental value DETERMINING THE LEVEL OF ASSESSMENT AND CRITERIA FOR ASSESSMENT When development is proposed it is necessary to determine the level of assessment for the type of development and those sections of the Townsville City Plan that the development will be assessed against i e the assessment criteria Part 5 of the Townsville City Plan includes tables of assessment which identify both the level of assessment and the relevant assessment criteria Page eight of this User Guide includes a flow chart to assist in understanding each of the necessary steps to determine the level of assessment and assessment criteria Importantly the Townsville City Plan may identify multiple levels of assessment depending on the type of development proposed and its intended location For example some overlays may change the level of assessment for certain
11. g Coastal protection overlay Flood hazard overlay etc These codes ensure development appropriately considers the specific requirements of these overlays as part of the development assessment process Overlay codes are contained in Part 8 of the Townsville City Plan and the overlays for the city are contained in the mapping included in Schedule 2 Statewide codes gt gt Statewide codes are specific codes common across Queensland and are provided by the Queensland Government They cover development for Community residences Forestry for wood production and Reconfiguring a lot from one lot to two lots Statewide codes are contained in Part 9 of the Townsville City Plan Use codes gt gt Use codes provide the assessment criteria for particular assessable development These codes ensure the effects of development arising from the specified use are appropriately considered and assessed as part of the development application Use codes are contained in Part 9 of the Townsville City Plan The Telecommunications facilities and utilities code is the only use code currently within the Townsville City Plan Other development codes gt gt Other development codes contain the assessment criteria for development of a stated type e g Reconfiguring a lot Landscape Advertising devices etc Other development codes are contained in Part 9 of the Townsville City Plan HOW TO LODGE AN APPLICATION gt When an MCU is identified
12. ide more specific planning considerations for a specific area gt gt As an additional level of detail some precincts may contain sub precincts which further refine the development intent for a specified area To the extent of any inconsistency between the intent of a precinct and a sub precinct the sub precinct will prevail Part 7 Local plans gt gt This part provides a section for any specific local plans which may be adopted However there are no current local plan areas within the Townsville City Plan Part 8 Overlays gt gt Overlays identify areas that have unique characteristics which require further planning consideration when a development is proposed These characteristics may relate to natural hazards such as bushfire flooding or landslides contain a value such as biodiversity or heritage or a constraint such as proximity to an airport quarry or major water resource e g Ross River Dam and are identified over a site through overlay mapping This part includes the codes which outline the assessment criteria for each of the overlays Part 9 Development codes gt gt This part includes the specific assessment criteria for types of development such as reconfiguring of a lot applications or specific changes of use Part 10 Other plans gt gt This part identifies those areas of the Townsville local government area not subject to the Townsville City Plan In Townsville this includes the Oonoon
13. ollow a standard structure set out in the QPP This structure includes the following gt gt a statement of application which specifies what type of development to which the code applies e g this code applies to development where the code is identified as applicable in the tables of assessment gt gt a statement of purpose which specifies the intention of the code e g the purpose of the High density residential zone is to provide for higher density multiple dwellings supported by community uses and small scale services and facilities that cater for local residents gt gt overall outcomes which specify the strategic outcomes for how the purpose of the code will be achieved e g development provides for high rise and high density multiple dwellings and short term accommodation in locations clustered around or near the principal centre CBD gt gt criteria for assessment which are detailed in a two column table with the left hand column containing performance outcomes and the right hand column containing acceptable outcomes The Townsville City Plan is a performance based planning scheme which means development is required to demonstrate how it can achieve the specified performance outcomes The performance outcomes are considered to be overarching guidelines for development whilst the acceptable outcomes are highly prescriptive measurable criteria for development and represent one way of achieving
14. or provisions are listed in the relevant tables of assessment within Parts 5 5 5 10 If Code assessable If Impact assessable The applicable codes The whole Townsville City or provisions listed in Plan applies to the extent the relevant tables of Felevanc assessment within Parts 5 5 5 10
15. s with higher density development instead targeted in centre locations such as the CBD Aitkenvale Thuringowa Central North Ward and Hyde Park gt gt seeks to control the cost of living for the community by managing future infrastructure needs and gt gt protects our natural environment both in and out of the urban area ensuring our waterways wetlands critical habitat and ecological corridors are retained and enhanced PURPOSE OF THE USER GUIDE Structurally the Townsville City Plan is very different to the superseded planning schemes This User Guide is intended to provide a high level view to assist in understanding the Townsville City Plan including gt gt the structure of the Townsville City Plan gt gt the types of development that are regulated by the Townsville City Plan gt gt how to determine the level of assessment for development gt gt the criteria used as part of the development assessment process gt gt the structure and application of the planning scheme codes and gt gt how to lodge a development application FOR MORE INFORMATION More detailed information is available in a range of information sheets about the Townsville City Plan at www townsville qld gov au Access to the Townsville City Plan can be found at www townsville qld gov au or in hard copy format at the Council Administration Building 103 Walker Street Townsville TOWNSVILLE CITYPLAN STRUCTURE OF THE TOWNSVILLE CI
16. t the scheme is consistent with the most up to date version of the QPP Part 3 Strategic framework gt gt This part sets out the Strategic framework which provides the overarching policy direction for future development in Townsville It provides a vision for the city covering six themes and outcomes Townsville today a second capital for Queensland Shaping Townsville a Strong and connected community an Environmentally sustainable future and Sustaining economic growth Part 4 Priority infrastructure plan gt gt This part outlines the city s Priority infrastructure plan PIP which is intended to ensure that trunk infrastructure is planned and provided in an efficient and orderly manner The PIP integrates land use and infrastructure planning and states the desired standard of service for each trunk infrastructure network Part 5 Tables of assessment gt gt This part identifies whether a development application is necessary for each type of development Where an application is required the tables of assessment also specify the codes and provisions the development may be assessed against Part 6 Zones gt gt The Townsville City Plan divides the city into 22 zones which designate land for a particular use e g residential industrial rural Part 6 also includes the codes which outline the assessment criteria for each of the zones gt gt Precincts may also be identified within part of a zone and these precincts prov
17. types of uses in certain areas such as in areas of high bushfire risk or by inclusion within a certain zone precinct Accordingly it is necessary to check all of the tables of assessment contained in Part 5 that are relevant to the proposed development See Figure 1 below Where a zone zone precinct and or overlay identify different levels of assessment the highest level of assessment prevails However where an overlay prescribes a higher level of assessment the level of assessment is only applied for that overlay Figure 1 Level of assessment hierarchy Finish here highest level of assessment prevails however when an overlay prescribes a higher level of Part 5 10 Overlay Level of assessment assessment the level of assessment is only applied for that overlay Part 5 5 Zone precinct Building height for code assessable development where in Medium density residential zone Part 5 5 Zone Level of assessment for material change of use or Part 5 7 reconfiguring a lot or Part 5 8 building work or Part 5 9 operational work Start Here Where development is self assessable code assessable or impact assessable the tables in Part 5 also identify those parts of the Townsville City Plan against which the development will be assessed These are listed in the assessment criteria column of each applicable table For self assessable or code assessable development the assessment criteria will generally be limite
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