Subdivision 4

Referral agency’s assessment

In force

Table 1—Assessable development under s 27D
Column 1	Column 2
1 Development application requiring referral	Development application for a material change of use of premises that is assessable development under section 27D
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	(a) There is a community and economic need for the use
	(b) When the use starts—
	(i) the premises will have direct access to transport infrastructure that is reasonably required for, and adequate to service, the use; and
	(ii) the premises will be serviced by infrastructure (including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use; and
	(iii) a workforce suitable for the carrying out of the use will be able to be sourced from the surrounding area
	(c) The provision of the infrastructure mentioned in paragraph (b)(i) and (ii) is practical and economically feasible having regard to the location and characteristics of the premises
	(d) The use is compatible with the physical characteristics of the premises
	(e) The use is compatible with the use of other premises in the surrounding area
	(f) The material change of use avoids adversely impacting the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan or, if the adverse impact can not be avoided, the adverse impact is minimised
	(g) The material change of use 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
	(h) If the material change of use can not avoid an area mentioned in paragraph (g), the material change of use minimises the risk of serious harm mentioned in that paragraph
	(i) The material change of use does not involve a residential use other than tourist accommodation or accommodation for employees
	(j) Any commercial, industrial or retail activity carried out as part of the use is ancillary to the use
	(k) The material change of use is consistent with the SEQ regional plan, including the outcomes and strategies, and subregional directions, stated in the plan
	(l) The locational requirements or environmental impacts of the material change of use require it to be outside the SEQ urban footprint
	Note— See also section 41A.
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—
8 Fee for referral	1,714 fee units

Table 2—Assessable development under s 27E, 27EA or 27F
Column 1	Column 2
1 Development application requiring referral	Development application for a material change of use of premises that is assessable development under section 27E, 27EA or 27F
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	(a) When the use starts, the premises—
4 Matters referral agency’s assessment must be against	(i) will have direct access to transport infrastructure that is reasonably required for, and adequate to service, the use; and
	(ii) will be serviced by infrastructure (including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use
	(b) The provision of the infrastructure mentioned in paragraph (a)(i) and (ii) is practical and economically feasible having regard to the location and characteristics of the premises
	(c) The use is compatible with the physical characteristics of the premises
	(d) The use is compatible with the use of other premises in the surrounding area
	(e) The material change of use 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
	(f) If the material change of use can not avoid an area mentioned in paragraph (e), the material change of use minimises the risk of serious harm mentioned in that paragraph
	(g) The material change of use is consistent with the SEQ regional plan, including the goals, elements and strategies stated in the plan
	(h) The locational requirements or environmental impacts of the material change of use require it to be outside the SEQ urban footprint
	Note— See also section 41A.
	(i) There is an overriding need, in the public interest, for the material change of use to be carried out
	Note— See also section 41B.
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—
8 Fee for referral	1,714 fee units

sch 10 pt 16 div 6 sdiv 4 ins 2017 SL No. 141 s 12 (2)

amd 2018 SL No. 91 s 15 (33)–(34); 2019 SL No. 104 s 16 (33)–(34); 2020 SL No. 163 s 12 (35)–(36); 2021 SL No. 78 s 12 (35)–(36); 2022 SL No. 75 s 13(60)–(61); 2023 SL No. 195 s 16

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