Version 2 - Current Planning Scheme
- Citation and commencement
- Part 1 About the planning scheme
- Part 2 State planning provisions
- Part 3 Strategic framework
- Part 4 Local Government Infrastructure Plan (LGIP)
- Part 5 Tables of assessment
- Part 6 Zones
- Part 7 Local plans
- Part 8 Overlays
- Part 9 Development codes
- Part 10 Other plans
- Schedule 1 Definitions
- Schedule 2 Mapping
- Schedule 3 Local Government Infrastructure Plan (LGIP) mapping and tables
- Schedule 4 Notations required under the Planning Act 2016
- Schedule 5 Land designated for community infrastructure
- Schedule 6 Planning scheme policies
1.6 Building work regulated under the planning scheme
- Section 17(b) of the Regulation identifies that assessment benchmarks for building work that a local planning instrument must not change the effects to the extent the building work is regulated under the building assessment provisions, unless permitted under the Building Act 1975.
- The building assessment provisions are listed in section 30 of the Building Act 1975.
Editor's Note—The building assessment provisions are stated in section 30 of the Building Act 1975 and are assessment benchmarks for the carrying out of building assessment work or building work that is accepted development subject to any requirements (see also section 31 of the Building Building Act 1975).
- This planning scheme, through Part 5, regulates building work in accordance with sections 32 and 33 of the Building Act 1975.
Editor's Note—The Building Act 1975 permits planning schemes to:
- regulate, for the Building Code of Australia (BCA) or the Queensland Development Code (QDC), matters prescribed under a regulation under the Building Act 1975 (section 32). These include variations to provisions contained in parts MP1.1, MP 1.2 and MP 1.3 of the QDC such as heights of buildings related to obstruction and overshadowing, siting and design of buildings to provide visual privacy and adequate sight lines, on-site parking and outdoor living spaces. It may also regulate other matters, such as designating land liable to flooding, designating land as bushfire prone areas and transport noise corridors.
- deal with an aspect of, or matter related or incidental to building work prescribed under a regulation under section 32 of the Building Act 1975 .
- specify alternative boundary clearances and site cover provisions for Class 1 and 10 structures under section 33 of the Building Act 1975 .
Refer to Schedule 9 of the Regulation to determine assessable development and the type of assessment and any referrals applying to building work.
- The building assessment provisions are contained in the following parts of this planning scheme:
|Building assessment matter addressed in the planning scheme||Relevant section of the planning scheme|
|Identification of part of the planning scheme area as a natural hazard management area (flood)||Schedule 2 Flood hazard overlay maps|
|Identification of the level to which floor levels of habitable rooms of a building must be built||Section 8.2.7 Flood hazard overlay code|
|Designation of part of the planning scheme area as a designated bushfire prone area for the BCA and the QDC||Schedule 2 Bushfire hazard overlay maps (medium hazard, high hazard and very high bushfire areas)|
Editor's Note—A decision in relation to building work that is assessable development under the planning scheme should only be issued as a preliminary approval. See section 83(b) of the Building Act 1975 .
Editor's Note—In a development application the applicant may request preliminary approval for building work. The decision on that development application can also be taken to be a referral agency's response under section 56 of the Act, for building work assessable against the Building Act 1975. The decision notice must state this.