Part 1 About the Planning Scheme

1.1. Introduction

The Mount Isa Planning Scheme (planning scheme) has been prepared in accordance with the Sustainable Planning Act 2009 (the Act) as a framework for managing development in a way that advances the purpose of the Act.
The planning scheme was made to be consistent with the Planning Act 2016 (the Act) under section 287(3) of the Act.
In seeking to achieve this purpose, the planning scheme sets out Mount Isa’s intention for the future development in the planning scheme area, over the next 20 years.
The planning scheme seeks to advance state and regional policies through more detailed local responses, taking into account the local context.
While the planning scheme has been prepared with a 10-year horizon, it will be reviewed periodically in accordance with the Act to ensure that it responds appropriately to the changes of the community at a local, regional and state level.
The planning scheme applies to the planning scheme area of Mount Isa including all premises, roads, internal waterways and interrelates with the surrounding local government areas illustrated in Map 1.

Editor’s note–The planning scheme has been amended to align with the regulated requirements as provided in the Planning Act 2016. In accordance with section 16(3) of the Act, the regulated requirements apply to the planning scheme to the extent of any inconsistency.

Map 1 – Local Government planning scheme area and context

Editor’s note—State and Commonwealth legislation may state that the planning scheme does not apply to certain areas, e.g. defence land regulated under the Commonwealth Defence Act 1903

Policies

1.3.1 Definitions

(1) A term used in the planning scheme has the meaning assigned to that term by one of the following:

(a) the Planning Act 2016 (the Act)
(b) the Planning Regulation 2017 (the Regulation), other than the regulated requirements.
(c) the definitions in Schedule 1 of the planning scheme
(d) the Acts Interpretation Act 1954.
(e) the ordinary meaning where that term is not defined in any of the above.

(2) In the event a term has been assigned a meaning in more than one of the instruments listed in sub-section 1.3.1: Definitions (1), the meaning contained in the instrument highest on the list will prevail.

(3) A reference in the planning scheme to any act includes any regulation or instrument made under it, and where amended or replaced, if the context permits, means the amended or replaced act.

(4) A reference in the planning scheme to a specific resource document or standard means the latest version of the resource document or standard.
(5) A reference to a part, section, table or schedule is a reference to a part, section, table or schedule of the planning scheme.

Editor’s note – In accordance with section 16(3) of the Act the regulated requirements apply to this planning scheme to the extent of any inconsistency with the planning scheme.

1.3.2 Standard drawings, maps, notes, editor’s notes and footnotes

Standard drawings contained in codes or schedules are part of the planning scheme.

(1) Maps provide information to support the outcomes and are part of the planning scheme.

(2) Notes are identified by the title ‘note’ and are part of the planning scheme.

(3) Editor’s notes and footnotes are extrinsic material, as per the Acts Interpretation Act 1954, and are identified by the title ‘editor’s note’ and ‘footnote’ and are provided to assist in the interpretation of the planning scheme; they do not have the force of law.

Note—This is an example of a note.

Editor’s note—This is an example of an editor’s note.

Footnote—This is an example of a footnote

1.3.3 Punctuation

(1) A word followed by ‘;’ or ‘, and’ is considered to be ‘and’

(2) A word followed by ‘; or’ means either or both options can apply.

1.3.4 Zones for roads, waterways and reclaimed land

(1) The following applies to a road, closed road, waterway or reclaimed land in the planning scheme area:
(a) if adjoined on both sides by land in the same zone—the road, waterway or reclaimed land is in the same zone as the adjoining land.

(b) if adjoined on one side by land in a zone and adjoined on the other side by land in another zone—the road, waterway or reclaimed land is in the same zone as the adjoining land when measured from a point equidistant from the adjoining boundaries.

(c) if the road, waterway or reclaimed land is adjoined on one side only by land in a zone—the entire waterway or reclaimed land is in the same zone as the adjoining land.

(d) if the road, waterway or reclaimed land is covered by a zone then that zone applies.

Editor’s note—The boundaries of the local government area are described by the maps referred to in the Local Government Regulation 2012

1.4 Categories of development

The categories of development under the Act are:
1. (a) accepted development
  
  Editor’s note—A development approval is not required for development that is accepted development. Under section 44(6)(a) of the Act, if a categorising instrument does not apply a category of development to a particular development, the development is accepted development. Schedule 7 of the Regulation also prescribes accepted development.
2. (b) assessable development
  1. i. code assessment
  2. ii. impact assessment
    
    Editor’s note—A development approval is required for assessable development. Schedules 9,10 and 12 of the Regulation also prescribe assessable development.
3. (c) prohibited development.
  
  Editor’s note—A development application may not be made for prohibited development. Schedule 10 of the Regulation prescribes prohibited development.
The planning scheme states the category of development for certain types of development, and specifies the category of assessment for assessable development in the planning scheme area in:

5.5 Categories of development and assessment – Material change of use
5.6 Categories of development and assessment – Reconfiguration of a lot
5.7 Categories of development and assessment – Building work
5.8 Categories of development and assessment – Operational works
5.9 Categories of development and assessment – Local plans
5.10 Categories of development and assessment – Overlays

Editor’s note—Section 43 of the Planning Act identifies that a categorising instrument categorises development and specifies categories of assessment and may be a regulation or local categorising instrument. A local categorising instrument includes a planning scheme, a TLPI or a variation approval.

1.5 Hierarchy of assessment benchmarks

Where there is inconsistency between provisions in the planning scheme, the following rules apply:
1. (a) the strategic framework prevails over all other components to the extent of the inconsistency for impact assessment.
2. (b) relevant codes as specified in Schedules 6-7 and 10 of the Regulation prevail over all other components to the extent of the inconsistency.
3. (c) overlays prevail over all other components (other than the matters mentioned in (a) and (b) to the extent of the inconsistency.
4. (d) Local plan codes prevail over zone codes, use codes and other development codes to the extent of the inconsistency.
5. (e) zone codes prevail over use codes and other development codes to the extent of the inconsistency.

1.6 Building work regulated under the planning scheme

Section 17(b) of the Regulation identifies the assessment benchmarks for building work that a local planning instrument must not change the effect 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 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 a planning scheme to:
1. regulate, for the Building Code of Australia (BCA) or the Queensland Development Code (QDC), matters prescribed under a regulation under section 32 of the Building Act 1975. These include variations to provisions contained in parts MP1.1, MP1.2 and MP1.3 of the QDC such as heights of buildings related to obstructions 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;
2. 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;
3. 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, the type of assessment and any referrals applying to the building work.
The building assessment provisions are contained in the following parts of this planning scheme:
1. (a) Low density residential zone: assessment of a Class 10A building.
2. (b) Medium density residential zone: assessment of a Class 10A building.
  
  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 a 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.