Planning scheme amendments

Where changes are required to a published Planning Scheme these are approved and published as amendments to that scheme. These are categorised as administrative, minor or major. Listed below are the recent amendments.

More information about these changes can be found in the State Government Department of Infrastructure, Local Government and Planning (DILGP) website.

The purpose and general effect of the proposed planning scheme amendment is to undertake multiple amendments to the following sections of the planning scheme:

• Part 5 changes to:

o allow greater flexibility in site planning and configuration of lots within the Intermodal Facility Precinct;
o include a new Markets Code and changes to the level of assessment for markets in specific locations around the region;
o provide greater clarity to assessment of development within Neighbourhood Character Areas; and
o the levels of assessment for various overlays (including Bushfire Hazard, Flood Hazard, Extractive Resources and Landslide Hazard) and their application to all development.

• Part 6 changes to:

o several zone codes which rectify an error regarding area sizes of balconies;
o amend what is considered a consistent/inconsistent uses within the following zones (Local Centre, High Impact Industry and Rural Zone Code);
o ensure that development within neighbourhood character areas in the Mixed Use Zone is consistent with the requirements of the Neighbourhood Character Overlay Code; and
o remove ‘shrubbery planted against walls’ term various zone codes.

• Part 8 changes to:

o the Airport Environs Overlay Code to reflect new state data and definitions reflect change of council position regarding the use of private hydrants in reticulated water areas & consistency with QFES standards; and
o development requirements within the Neighbourhood Character Overlay is sympathetic to the existing character of the area.

• Part 9 changes to:

o home based business code where relating to appropriate vehicles; related provisions in part 6 around ‘shrubbery planted against walls’ term within various zone codes;
o make the assessment process for ‘market’ uses easier in the Toowoomba CBD and Regional/District Parks;
o the Advertising Devices Code to include more detailed assessment criteria and information;
o incorporation of Council’s Technical Guidelines for Waste Storage and Collection Requirements for New Developments; and
o the Reconfiguring a Lot Code to address various issues, including clarification of council’s position and policy direction in regards to lot fragmentation and private fire hydrants.

• Schedule 1 changes to:

o the index of administrative definitions is required to ensure that appropriate area designations are used for various zones; and
o remove the use “Abattoir” for Special Industry use example: (“Abattoir” remains in the use definitions for High Impact industry)

• Schedule 2 changes to:

o amend the zoning of some properties in Toowoomba City, Rangeville, Highfields, Kulpi, Newtown and Felton;
o remove properties from the Neighbourhood Character Overlay in Toowoomba City and East Toowoomba; and
o update Airport Environs and Environmental Significance Overlay to reflect current data.

Related document

Proposed Amendment No.11 to Toowoomba Regional Planning Scheme - Formal Documentation

Proposed Amendment No.11 Explanatory Statement

The purpose and general effect of the proposed amendment is to:

  • remove the existing 'Schedule 6, SC6.4 Planning Scheme Policy No.4 – Development Near Utility Services' and replace with – new 'Schedule 6, SC6.4 Planning Scheme Policy No.4 – Master Planning'.
  • set out the requirements for the preparation of master plans to demonstrate compliance with relevant assessment criteria.

Related document

Proposed Amendment No.1 to Schedule 6, SC6.4 – Planning Scheme Policy No.4  - Formal Documentation

Proposed Amendment No.1 to Planning Scheme Policy No.4 Explanatory Statement

The purpose and general effect of the proposed amendment is to:

1. remove the following addresses from Planning Scheme Policy No.6:

• Lot 6 & 7 on RP16334 (107 Russell Street, Toowoomba City)
• Lot 2 on RP139401 & Lot 2 on RP65392 (30 Murray Street, Pittsworth)

2. include the following addresses to Planning Scheme Policy No.6

• Lots 4, 5, 9 and 10 on RP156, Lot 2 on RP65392 and Lot 2 on RP139401 (30 Hume Street, Pittsworth)

3. amend the Local Heritage Place status (from Yes to No) of the following properties:

• Lot 2 on RP91062 (108 Russell Street, Toowoomba City)
• Lot 30 on RP907890 (40 Neil Street, Toowoomba City)

4. amend the Local Heritage Place status (from No to Yes) of the following properties:

• Lot 18 on AG814532 (158 James Street, South Toowoomba)

5. amend address number of the following properties:

• Lot 5 on D10146 (196 Margaret Street, Toowoomba City) to
• Lot 5 on D10146 (194-196 Margaret Street, Toowoomba City)

6. amend lot description of the following properties:

• Lot 121 on R122175 (0 Bridge Street, Oakey) to
• Lot 1221 on RP122175 (0 Bridge Street Oakey)

Related document

Proposed Amendment No.4 to Schedule 6, SC6.6 – Planning Scheme Policy No.6 - Heritage Places - Formal Documentation

Proposed Amendment No.4 to Planning Scheme Policy No.6 Explanatory Statement

The purpose and general effect of the proposed amendment is to:

1. remove the following addresses from Planning Scheme Policy No.7:

• Lot 3 on RP5419 (680 Ruthven Street, South Toowoomba)
• Lot 1 & 3 on RP100715 (687 Ruthven Street, South Toowoomba)
• Lot 1 on RP68756 (701 Ruthven Street, South Toowoomba)
• Lot 2 on RP48654 (703 Ruthven Street, South Toowoomba)
• Lot 6 on RP16775 (704 Ruthven Street, South Toowoomba)
• Lot 1 on RP16750 (705 Ruthven Street, South Toowoomba)
• Lot 8, 9 & 7 on RP16778 (706 Ruthven Street, South Toowoomba)
• Lot 1 on RP62069 (710 Ruthven Street, South Toowoomba)
• Lot 2 on RP62069 (712 Ruthven Street, South Toowoomba)
• Lot 3 & 4 on RP16748 (713 Ruthven Street, South Toowoomba)
• Lot 3 on RP62069 (714 Ruthven Street, South Toowoomba)
• Lot 61 & 62 on RP16748 (715 Ruthven Street, South Toowoomba)
• Lot 64 & 63 on RP16748 (717 Ruthven Street, South Toowoomba)
• Lot 3 & 4 on RP16753 (719 Ruthven Street, South Toowoomba)
• Lot 1 &2 on RP16753 (721 Ruthven Street, South Toowoomba)
• Lot 2 on RP16754 (723 Ruthven Street, South Toowoomba)
• Lot 3 on RP43596 (724 Ruthven Street, South Toowoomba)
• Lot 4 on RP 43596 (726 Ruthven Street, South Toowoomba)
• Lot 33 on RP16753 (727 Ruthven Street, South Toowoomba)
• Lot 2 on RP68007 (731 Ruthven Street, South Toowoomba)
• Lot 1 on RP91301 (177 Ruthven Street, North Toowoomba)
• Lot 3 on RP46982 (2 Gore Street, Toowoomba City)
• Lot 3 on RP5371 (4 Gore Street, Toowoomba City)
• Lot 2 on RP5371 (6 Gore Street, Toowoomba City)
• Lot 1 on RP5371 (8 Gore Street, Toowoomba City)
• Lot 2 on RP51519 (8 Gore Street, Toowoomba City)
• Lot 19 on RP5381 (1 Kirk Street, Toowoomba City)
• Lot18 on RP5380 (3 Kirk Street, Toowoomba City)
• Lot 17 on RP5380 (5 Kirk Street, Toowoomba City)
• Lot 15 on RP5379 (9 Kirk Street, Toowoomba City)
• Lots 11, 12, 13 and 14 on RP5379 (16 Kirk Street, Toowoomba City)
• Lot 4 on RP5384 (16 Kirk Street, Toowoomba City)
• Lot 5 on RP5384 (14 Kirk Street, Toowoomba City)
• Lot 7 on RP5384 (8 Kirk Street, Toowoomba City)
• Lot 8 on RP5384 (8 Kirk Street, Toowoomba City)
• Lots 1, 2 and 3 on RP60722 (135 James Street, East Toowoomba)
• Lot 3 on RP80305 (140 Mackenzie Street, East Toowoomba)
• Lot 89 on D1040 (144 Mackenzie Street, East Toowoomba)
• Lot 1 on RP113802 (1 Dawnie Street, East Toowoomba)
• Lot 59 & 57 on RP16749 (9 Roberts Street, South Toowoomba)
• Lot 3 on RP17779 (68 Alford Street, Mount Lofty)
• Lot 13 on RP92147 (127A James Street, East Toowoomba)

2. insert the following addresses from Planning Scheme Policy No.7:

• Lot 5 on RP902112 (34 Hill Street, Toowoomba City – Alt 9 Laurel lane, Toowoomba City)
• Lot 1 on RP113802 (2 Mayes Street, East Toowoomba)
• Lot 57 on RP16749 (100 Water Street, South Toowoomba)
• Lot 2 on RP162611 (57 Campbell Street, East Toowoomba)
• Lot 18 on SP283031 (118 Stuart Street, Mount Lofty)

3. amend the following addresses in Planning Scheme Policy No.7 from :

• Lots 4, 5 and 6 on RP16563 (94 Jellicoe Street, North Toowoomba) to
• Lot 6 on SP274860 (94 Jellicoe Street, North Toowoomba)

Related document

Proposed Amendment No.3 to Schedule 6, SC6.7 – Planning Scheme Policy No. 7 – Neighbourhood Character Places - Formal Documentation

Proposed Amendment No.3 to Planning Scheme Policy No.7 Explanatory Statement

Sustainable Planning Act 2009

Chapter 3 Part 5

Notice is hereby given that on 18 April 2017 the Toowoomba Regional Council adopted the Toowoomba Regional Planning Scheme – Amendment No.10 (Major amendment). The amendment commences on 21 April 2017. The purpose and general effect of the planning scheme amendment is to undertake multiple amendments to the following sections of the planning scheme:

• Part 5 – Assessment Tables:

1) Amendment of Table 5.7:1 is required to ensure that the demolition and/or removal of a Heritage Place impact assessable if:

(a) the building or structure is a Heritage Place identified in SC6.6.2 of Planning Scheme Policy No. 6 and is not a State Heritage Place; and
(b) the building or structure is not a freestanding outbuilding; and
(c) more than 25m² of the Gross Floor Area is proposed to be Demolished and/or Removed.

2) Amendment of Part 5.7:1 (Building Work) is required to eliminate the need to obtain Building Work approval for development within the Neighbourhood Character Overlay where a Material Change of Use application is also required. This reduces unnecessary duplication.

3) Amendment of Part 5.5:2 (Low-medium Density Residential Zone Assessment Table) is required to correct a duplication error whereby Dual Occupancies are both exempt and self-assessable where they are attached buildings. Only attached Dual Occupancies are eligible to be exempt development.

• Schedule 2 – Mapping:

1) Changes to the zoning of land in parts of Back Plains, Bringalily, Centenary Heights, Charlton, Clifton, Coalbank, East Toowoomba, Emu Creek, Glenvale, Gowrie Junction, Harlaxton, Irongate, Millmerran, Millmerran Downs, Millwood, Mount Lofty and Pittsworth.

2) Remove 27 Drayton Road, Harristown from Heritage Overlay; and

3) Include 24-36 Drayton Road, Harristown into Heritage Overlay.

Related document

Planning Scheme Amendment No.10 - Formal Documentation (Major Amendment)

Sustainable Planning Act 2009

Chapter 3 Part 5

Notice is hereby given that on 18 April 2017 the Toowoomba Regional Council adopted Schedule 6, SC6.6 – Planning Scheme Policy No. 6 – Heritage Places – Amendment No.3. The amendment commenced on 21 April 2017.

The purpose and general effect of the amendment is to:

1. remove the following address from Planning Scheme Policy No.6:

• Lot 4 RP71505 (27 Drayton Road, Harristown)

2. include the following address into Planning Scheme Policy No.6:

• Lot 7 RP864738 (24-36 Drayton Road, Harristown)

Related document

Planning Scheme Policy No.6 - Heritage Places - Amendment No.3 Formal Documentation

Sustainable Planning Act 2009

Chapter 3 Part 5

Notice is hereby given that on 18 April 2017 the Toowoomba Regional Council adopted Schedule 6, SC6.7 – Planning Scheme Policy No. 7 – Neighbourhood Character Places – Amendment No.2.

The amendment commenced on 21 April 2017.

The purpose and general effect of the amendment is to:

1. remove the following addresses from Planning Scheme Policy No.7:

• Lot 7 RP97379 and Lot 8 RP5680 (1 Bridge Street, Toowoomba)
• Lot 1 RP133214 (5 Bridge Street, Toowoomba)
• Lot 10 RP65590 (7 Bridge Street, Toowoomba)
• Lot 1 RP84737 (12 Bridge Street, Toowoomba)
• Lot 1 RP90730 (24 Herries Street, Toowoomba)
• Lot 1 RP89185 (135 James Street, Toowoomba)
• Lot 2 RP89185 (137 James Street, Toowoomba)
• Lot 9 RP5484 (141 James Street, Toowoomba)
• Lot 7 and Lot 8 RP5484 (143 James Street, Toowoomba)
• Lot 6 RP5484 (145 James Street, Toowoomba)
• Lot 5 RP5484 (147 James Street, Toowoomba)
• Lot 18 RP5496 (2 Jane Street, Toowoomba)
• Lot 17 SP217411 (113 Jellicoe Street, Toowoomba)
• Lot 13 and Lot 14 RP16530 (117 Jellicoe Street, Toowoomba)
• Lot 15 SP182266 (119 Jellicoe Street, Toowoomba)
• Lot 3 RP16529 (121 Jellicoe Street, Toowoomba)
• Lot 1 and Lot 2 RP16532 (123 Jellicoe Street, Toowoomba)
• Lot 3 and Lot 4 RP16532 (125 Jelicoe Street, Toowoomba)
• Lot 1 RP91301 (177 Ruthven Street, Toowoomba)
• Lot 3 RP5419 (680 Ruthven Street, Toowoomba)
• Lot 1 and Lot 3 RP100715 (687 Ruthven Street, Toowoomba)
• Lot 1 RP68756 (701 Ruthven Street, Toowoomba)
• Lot 2 RP48654 (703 Ruthven Street, Toowoomba)
• Lot 6 RP16775 (704 Ruthven Street, Toowoomba)
• Lot 1 RP16750 (705 Ruthven Street, Toowoomba)
• Lots 7-9 RP16778 (706-708 Ruthven Street, Toowoomba)
• Lot 1 RP155873 (709 Ruthven Street, Toowoomba)
• Lot 1 RP62069 (710 Ruthven Street, Toowoomba)
• Lot 2 RP62069 (712 Ruthven Street, Toowoomba)
• Lot 3 RP16748 (713 Ruthven Street, Toowoomba)
• Lot 3 RP62069 (714 Ruthven Street, Toowoomba)
• Lot 1 RP16779 (716 Ruthven Street, Toowoomba)
• Lots 63 and 64 RP16748 (717 Ruthven Street, Toowoomba)
• Lots 3 and 4 RP16753 (719 Ruthven Street, Toowoomba)
• Lots 1 and 2 RP16753 (721 Ruthven Street, Toowoomba)
• Lot 2 RP16754 (723 Ruthven Street, Toowoomba)
• Lot 3 RP43596 (724 Ruthven Street, Toowoomba)
• Lot 4 RP43596 (726 Ruthven Street, Toowoomba)
• Lot 33 RP16753 (727 Ruthven Street, Toowoomba)
• Lot 2 RP68007 (731 Ruthven Street, Toowoomba)
• Lot 1 RP58881 (740 Ruthven Street, Toowoomba)
• Lot 1 SP149664 (53-59 West Street, Toowoomba

Related document

Planning Scheme Policy No 7 – Neighbourhood Character – Amendment No 2 Formal Documentation

Sustainable Planning Act 2009

Chapter 3 Part 5

Adoption of amendment No.14 to Toowoomba Regional Planning Scheme (administrative amendment)

Notice is hereby given that on 13 December 2016 the Toowoomba Regional Council adopted the Toowoomba Regional Planning Scheme – Amendment No.14 (minor amendment). The amendment commences on 3 February 2017.

The purpose and general effect of the minor amendment is to improve the accuracy of some property boundaries and include any new parcels in the Planning Scheme maps (Schedule 2 – Mapping) by applying the April 2016 Version of Digital Cadastral Database (DCDB) layer.

Related document

Toowoomba Regional Planning Scheme - Amendment No.14 (minor amendment)

Sustainable Planning Act 2009

Chapter 3 Part 5

The purpose and general effect of the proposed amendment is to update and replace Toowoomba Regional Council’s Priority Infrastructure Plan in order to comply with statutory changes to the process for preparing a Local Government Infrastructure Plan under Statutory Guideline 03/14 – Local Government Infrastructure Plans by:

  1. replacing Part 4: Priority Infrastructure Plan with Part 4: Local Government Infrastructure Plan
  2. replacing Schedule 3: Priority Infrastructure Plan mapping and supporting material with Schedule 3: Local Government Infrastructure Plan mapping and supporting material including the following: 

Extrinsic material reports

The list below identifies the documents that assist in the interpretation of the local government infrastructure plan and are extrinsic material under the Statutory Instruments Act 1992.

Demographic projections 2011 to 2031

Planning assumptions report

Extrinsic material report - water supply network

Extrinsic material report - stormwater quantity network

Extrinsic material report - sewerage network

Extrinsic material report - parks network

Extrinsic material report - transport network

Related documents

Local Government Infrastructure Plan (LGIP) checklist

Schedule of works model

Local Government Infrastructure Plan (LGIP) schedule of works model 

Sustainable Planning Act 2009

Chapter 3, Part 5

Notice is hereby given that on 20 September 2016 the Toowoomba Regional Council adopted Schedule 6, SC6.3 - Planning Scheme Policy No. 3 - Engineering Standards - Water and Wastewater Infrastructure - Amendment No. 1.

The amendment commenced on 7 October 2016.

Schedule 6, SC6.3 - Planning Scheme Policy No. 3 - Engineering Standards - Water and Wastewater Infrastructure - Amendment No. 1

The purpose and general effect of the amendment is to ensure consistency with recent adopted changes to Council policies - Water Infrastructure Policy (No.2.03), and Wastewater Infrastructure Policy (No.2.04)

Related document

Amendment No.1 to Planning Scheme Policy No.3 Formal Documentation included Appendix A

Sustainable Planning Act 2009

Chapter 3 Part 5

Adoption of amendment No.13 to Toowoomba Regional Planning Scheme (administrative amendment)

Notice is hereby given that on 16 August 2016 the Toowoomba Regional Council adopted the Toowoomba Regional Planning Scheme – Amendment No.13. The amendment commenced on 19 August 2016.

The purpose and general effect of the amendment is to amend inconsistent cross-references to planning scheme policies. They reference “SC6.3 PSP No.3 - Engineering Standards - Water and Waste Water Infrastructure” when they should reference “SC6.2 PSP No.2 - Engineering Standards - Roads and Drainage Infrastructure”.

Related document

Toowoomba Regional Planning Scheme - Amendment No.13 (administrative amendment)

Sustainable Planning Act 2009

Chapter 3 Part 5

Notice is hereby given that on 19 July 2016 the Toowoomba Regional Council adopted the Toowoomba Regional Planning Scheme – Amendment No.8. The amendment commences on 29 July 2016.

The purpose and general effect of the amendment is to implement recommendations of the Highfields, Meringandan and Meringandan West Local Plan including:

      1. changing to the zoning of land in parts of Highfields and Meringandan;
      2. removing the ‘Highway Precinct’ from zone maps; and
      3. removing the ‘Crow’s Nest Army Signals Buffer’.

Related document

Toowoomba Regional Planning Scheme - Amendment No. 8 formal documentation with attachments

Part 1 Preliminary

Clause 1 Short title

This amendment may be cited as Toowoomba Regional Planning Scheme – Amendment No. 12 (minor amendment).

Clause 2 Adoption

Toowoomba Regional Council adopted this planning scheme amendment on the 17 May 2016.

Clause 3 Commencement

This amendment took affect on the 20 May 2016.

Part 2 Amendment of the Planning Scheme

Clause 4 Amendment of the Planning Scheme

Toowoomba Regional Planning Scheme is amended in the manner set out in this part.

Clause 5 Amendment of Schedule 2 – Mapping

(1) Amend the zoning of the following properties from the Rural Zone (100 Hectare Precinct) to the Rural Residential Zone (4,000m² Precinct) in the manner identified in Attachment No.1:

      • Part lot 900 SP263532.

Toowoomba Regional Planning Scheme Amendment No.12 - formal documentation

Part 1 Preliminary

Clause 1 Short title

This amendment may be cited as Schedule 6, SC6.7 – Planning Scheme Policy No. 7 – Neighbourhood Character Places – Amendment No.1

Clause 2 Adoption

Toowoomba Regional Council adopted this amendment on the 8 March 2016.

Clause 3 Commencement

This amendment took affect on the 18 March 2016.

Part 2 Amendment of the Planning Scheme Policy

Clause 4 Amendment of the Planning Scheme Policy

Planning Scheme Policy No.7 is amended in the manner set out in this part.

Clause 5 Amendment of Schedule 7 – Planning Scheme Policies

1.  SC6.7 PSP No. 7 – Neighbourhood Character Places, 6.7.2

omit – the following addresses

• Lot 2 on RP5372, Lot 4 on RP5369, Lot 6 on RP5369, Lot 1 on RP5384 - 88, 90 and 98 Neil Street, Toowoomba
• Lot 1 on RP51519 - 10 Gore Street, Toowoomba
• Lot 2 on RP5375, Lot 3 on RP5375, Lot 4 on RP5376 - 1, 3 and 7 Bracker Street, Toowoomba

Part 1 Preliminary

Clause 1 Short title

This amendment may be cited as Schedule 6, SC6.6 – Planning Scheme Policy No. 6 – Heritage Places – Amendment No.2

Clause 2 Adoption

Toowoomba Regional Council adopted this amendment on the 8 March 2016.

Clause 3 Commencement

This amendment took affect on the 18 March 2016.

Part 2 Amendment of the Planning Scheme Policy

Clause 4 Amendment of the Planning Scheme Policy

Planning Scheme Policy No.6 is amended in the manner set out in this part.

Clause 5 Amendment of Schedule 6 – Planning Scheme Policies

 1. SC6.6 PSP No. 6 – Heritage Places, SC6.6.2: 


omit – the following addresses

      • Lot 1 on RP185978 - 28 Bell Street, Toowoomba

      • Lot 22 on RP59809 - 2 Bowen Street, Toowoomba

      • Lot 3 on RP87290 - 21 Bowen Street, Toowoomba

      • Lot 1 on RP5050, Lot 16 on C810597, Lot 1 on RP5046 - 151-153 Herries Street, Toowoomba

      • Lot 1 on RP16218 - 208 Herries Street, Toowoomba

      • Lots 1 and 2 on RP80008 - 177A-181 Margaret Street, Toowoomba

      • Lot 1 on RP44842 - 183-187 Margaret Street, Toowoomba

      • Lot 6 on D10146 - 188 Margaret Street, Toowoomba

      • Lot 5 on RP5101 - 267 Margaret Street, Toowoomba

      • Lot 1 on RP151665, Lot 1 on RP16672, Lot 2 on RP129701, Lot 2 on RP16672, Lot 26 on RP16674, Lot 27 on RP16674, Lot 28 on RP16674, Lot 3 on AG208, Lot 3 on RP16672, Lot 5 on RP16677, Lot 213 on AG4330, Lot 1 on RP5151, Lot 1 on SP184817 - 1A-3, 5 and 31 Neil Street, Toowoomba

      • Lot 2 on RP47225, Lot 10 on RP16311, Lot 9 on RP16311 - 43a Russell Street, Toowoomba

      • Lot 2 on RP112596, Lot 2 on RP112596 - 343-347 Ruthven Street (including 1A Schofield Street), Toowoomba

      • Lot 3 on RP92112, Lot 2 on RP92112, Lot 13 on RP89053, Lot 2 on RP5272, Lot 6 on RP5271, Lot 993 on AG3465, Lot 3 on SP170111, 461-467, 482-486 and 522-526 Ruthven Street, Toowoomba


insert – the following new addresses.

      • Lot 2 on RP54074, Lot 1 on RP4979 – 633 Ruthven Street, Toowoomba
      • Lot 3 on D10413 – 104c Neil Street, South Toowoomba
      • Lot 1 on RP216323 – 91 Mort Street, Toowoomba

 

The purpose and general effect of the amendment is to:

      1. Part 4 – Priority Infrastructure Plan (PIP) – amend the planning assumptions for the PIP so that the Local, District, Major and Principal Centre Zones and the Mixed Use Zone assume a detached dwelling density of zero (0)
      2. Part 5 – Assessment Tables – add “Hospital” as Code assessable in the Low-medium Density Residential Zone (Hospital Support Precinct) and amend “Excavating and filling” condition to refer to height above and below ground
      3. Part 7 – Local Plan – delete “Highfields Local Plan Map No.1” map
      4. Part 8 – Overlays – amend AO6.1 to read “Premises within the Public Safety Area are not developed for:”
      5. Part 9 – Other Codes – correct all references to “SC6.2 PSP No. 2 – Engineering Standards – Roads & Drainage” to “SC6.3 PSP No. 3 – Engineering Standards – Water and Waste Water Infrastructure”
      6. Schedule 2 – Mapping:
      • changing to the zoning of land in parts of Cooyar, Crows Nest, Highfields, Oakey and Toowoomba
      • delete properties from Heritage and Neighbourhood Character Overlays
      • add properties into Heritage Overlay

Related document

Toowoomba Regional Planning Scheme - Amendment No.5 Formal Documentation

Part 1 Preliminary

Clause 1 Short title

This amendment may be cited as Toowoomba Regional Planning Scheme – Amendment No. 9 (minor amendment).

Clause 2 Adoption

Toowoomba Regional Council adopted this planning scheme amendment on the 20 January 2015.

Clause 3 Commencement

This amendment took affect on the 27 February 2015.

Part 2 Amendment of the Planning Scheme

Clause 4 Amendment of the Planning Scheme

Toowoomba Regional Planning Scheme is amended in the manner set out in this part.

Clause 5 Amendment of Schedule 2 – Mapping

      1. Amend the zoning of following properties from the Rural Zone (100 Hectare Precinct) to the Township Zone in the manner identified in Attachment No.1:
        • Part lot 501 SP228936, and
        • Part lot 2632 A341260.

The purpose and general effect of the amendment is to undertake multiple amendments to the following sections of the planning scheme:

      • Part 6 – Zone Codes
      • Part 9 – Other Codes
      • Schedule 2 – Mapping
      • Schedule 3 – Priority Infrastructure Plan Mapping and Supporting Material

Related document

Adoption of Amendment No.7 to Toowoomba Regional Planning

Part 1 Preliminary
Clause 1 Short title
This amendment may be cited as Toowoomba Regional Planning Scheme – Amendment No. 6.

Clause 2 Adoption
Toowoomba Regional Council adopted this planning scheme amendment on the 15 July 2014.

Clause 3 Commencement
This amendment took affect on the 4 August 2014.
 
Part 2 Amendment of the Planning Scheme
Clause 4 Amendment of the Planning Scheme
Toowoomba Regional Planning Scheme is amended in the manner set out in this part.
 
Clause 5 Amendment of each parts - Toowoomba Regional Planning Scheme
(1) Citation and Commencement, Part 1 to Part 10 –
Omit – Citation and Commencement, Part 1 to Part 10
insert – Citation and Commencement, Part 1 to Part 10
Clause 6 Amendment of each schedules – Toowoomba Regional Planning Scheme
 
(2) Schedule 1 to Schedule 5 –
Omit – Schedule 1 to Schedule 5
insert – Schedule 1 to Schedule 6
Clause 7 Amendment of Appendics – Toowoomba Regional Planning Scheme
 
(3) Appendix 10 to Appendix 12 –
Omit – Appendix 10 to Appendix 12
insert – Appendix 1 to Appendix 3
 

Explanatory Statement

The following statement gives background information on the issues covered by the proposed amendment. The proposed minor amendment wholly deletes and replaces each part (including schedules and appendices) of the Toowoomba Regional Planning Scheme 2012 (TRPS) to ensure it is consistent with the latest version of the Queensland Planning Provisions (QPP).BACKGROUND
The QPP provides a consistent form for the preparation of a planning scheme in Queensland through standardised structure and format, land use and administrative definitions, zones, overlays, infrastructure planning provisions and assessment codes and other administrative matters. The Sustainable Planning Act 2009 (SPA) requires a local government to amend its planning scheme to ensure consistency with the most current version of the QPP.On 10 December 2013 Toowoomba Regional Council resolved to prepare the proposed TRPS Amendment No.6 in accordance with section 2.2.2 of the Statutory Guideline 01/13—Making and amending local planning instruments (the Statutory Guideline) to ensure consistency with QPP version 3.0.QPP Version 3.0 commenced in October 2013 and replaced QPP Version 2.0, on which the TRPS was originally drafted. The draft Queensland Planning Provisions Version 3.1 was notified on 16 May 2014 for consultation by the State Government. It makes additional minor changes to QPP Version 3.0 for clarity. The Department of State Development, Infrastructure and Planning (DSDIP) has confirmed that the amendments to the TRPS should be consistent with draft QPP Version 3.1.EXPLANATION OF CHANGES
The proposed minor amendment does not alter levels of assessment in the TRPS for existing uses or development types.Where new use definitions have been introduced, the assessment level has been applied as a 'like for like' arrangement where the new use definition suite was compared against the existing use definition suite and the levels of assessment within each zone.The following table provides a summary of the key changes components:

Part Key changes
Preliminary
  • Minor editing (including zone names, formatting, headings)
Part 1—About the planning scheme
  • Minor editing (including zone names, formatting, headings)
  • Part 1.2—Planning scheme components (formerly Planning scheme elements) expanded to reflect more aspects of the planning scheme including state planning provisions, tables of assessment and development codes
  • Part 1.3 - Interpretation expanded to provide greater clarity and describe aspects relating to definitions, intrinsic/extrinsic material and zones for roads, waterways and reclaimed land
  • Part 1.3.1—Definitions include further information regarding the rules for definitions and references used in the planning scheme
  • Part 1.5—Rules for determining the assessment criteria (formerly compliance with the planning scheme) partly relocated to Part 5 – Tables of assessment and Part 8 – Overlays, with some remaining in Part 1.5
  • Part 1.6—Building work regulated under the planning scheme, subsection (4) (editor's note) clarifies that a decision for building work assessable against the planning scheme can only be issued as a preliminary approval.
  • Part 1.7— Local government administrative matters, provisions for Temporary Use timeframes for defined uses will be provided in this section.
Note: Temporary Use becomes an administrative definition.
Part 2—State planning provisions
  • Minor editing and removal of table formats
  • Part 2.1—State planning policy Removal of term 'state planning policies' and replace with 'state planning policy'.
  • Part 2.3—Referral agency delegations. This new section includes a table to list agreed delegations of referral agency jurisdictions to local governments.
Note: State Government has confirmed that the existing references to former State Planning Policies are to be maintained at this time.
Part 3—Strategic framework
  • Minor editing (including zone names, formatting, headings)
  • General realignment of the strategic framework to align with state planning policy
  • Part 3.1 – Preliminary, subsection (3)clarified that the strategic framework is the purpose of the planning scheme that articulates the policy direction
  • Part 3.2—Strategic intent, this new section mandates a strategic intent to provide a combining statement that links the components of the strategic framework together and succinctly expresses the aspirations for the future development of the local government area
Part 4—Priority infrastructure plan
  • Minor editing (including zone names, formatting, headings)
Part 5—Tables of assessment
  • Minor editing (including zone names, formatting, headings)
  • Inclusion of content from former Part 1.5 (as amended) under part 5.3.3
  • Part 5.3.2 – Determining the level of assessment, subsection (6) clarifies that for the purposes of Schedule 4, Table 2, Item 2 of the Sustainable Planning Regulation 2009 (SPR), an overlay is not relevant if the development proposal meets the self-assessable acceptable outcomes of the relevant overlay code
  • Part 5.3.2 – Determining the level of assessment clarifies default levels of assessment for the following:
  • Material Change of Use – Impact, unless otherwise prescribed in the Tables of Assessment or other legislation
  • Reconfiguring a Lot – Code, assessment unless otherwise prescribed in the Tables of Assessment or other legislation
  • Building Work Assessable Against the Planning Scheme – Exempt, unless otherwise prescribed in the Tables of Assessment or other legislation
  • Operational Work – Exempt, unless otherwise prescribed in the Tables of Assessment or other legislation
  • Part 5.3.3—Determining the Assessment Criteria. This section includes new rules for clarifying certain matters regarding the determination of assessment criteria, compliance with requirements identified in the assessment criteria column and the associated relationship to the level of assessment including:
  • Subsection 2(c) identifies development that does not comply with the self-assessable outcomes becomes assessable development
  • Subsections 4(b) and (c) limit the assessment of certain code assessable development applications to non-complying self-assessable outcomes only, where not otherwise prescribed in the Tables of Assessment (default setting)
  • Where a development is self assessable in the Tables of Assessment, but does not meet the self assessable criteria in the zone code, the development becomes code assessable only against those provisions it did not meet to be self assessable. Under the previous version of the scheme, code assessment would be against all relevant codes listed in the Tables of Assessment.
  • Additional qualifiers have been included in the Tables of Assessment to maintain the existing assessment status and applicable assessment criteria (i.e. this default provision does not apply in the TRPS).
  • Amendments in relation to the way the rules for determining assessment criteria for compliance assessment were described as they were not consistent with the Act
  • Subsection 4(d) outlines that code assessable development must be assessed with regard to the purpose of any instrument containing an applicable code. A note has also been included to clarify the role of the strategic framework or the structure plan (where relevant) as the purpose of the instrument containing an applicable code in line with the provisions of section 313(3)(d) of the Act.
  • Part 5.6 – Levels of assessment – Reconfiguring a Lot. Amendments to the Table of Assessment to specifically identify where impact assessment applies. This includes:
  • Reconfiguring a lot, where creating lots less than the prescribed minimum lot size in the Emerging Community, Low Density Residential, Rural Residential, Rural and Township Zones; and
  • Reconfiguring a Lot by volumetric subdivision in all zones.
  • Parts 5.4 – Prescribed levels of assessment and 5.5—5.10 Levels of assessment (tables)
  • Tables of assessment order and numbering has changed as follows:
  • 5.5 – Material Change of Use
  • 5.6 – Reconfiguring a Lot
  • 5.7 – Building Work
  • 5.8 – Operational Work
  • 5.9 – Local Plans
  • 5.10 – Overlays
  • Changes to format of the tables of assessment.
  • General reformatting of all tables for consistency.
  • Material Change of Use development is organised by use (alphabetical) then level of assessment (exempt to impact).
  • This section includes a new prescribed level of assessment for Cropping where Forestry for Wood Production is to be capped at a maximum of code assessment
  • Greater clarification on the Sustainable Planning Regulations 2009 in relation to exemptions for dwelling houses and dual occupancies
Part 6—Zones
  • Minor editing (including zone names, formatting, headings)
  • Change of (level 2) zone names (also applied to the whole planning scheme):
  • 'Residential Living Zone' to 'Low Density Residential Zone'
  • 'Residential Choice Zone' to 'Low-medium Density Residential Zone'
  • 'Community Purposes Zone' to ' Community Facilities Zone'
  • 'Emerging Communities Zone' to 'Emerging Community Zone'
  • Change of precinct name in Low Density Residential Zone due to change in zone name:
  • 'Low Density Residential Precinct' to 'Park Residential Precinct'
  • The Specialised Centre Zone has been re-categorised as a level 1 zone (originally a level 2 zone under the 'Centre Zones' category)
  • Inclusion of mandatory 'application' component for all codes
  • Inclusion of additional sub-headings in all codes for improved clarity
  • Removal of local government purpose of the zone code
  • The content of the local government purpose has been included in 'purpose' section of the zone code
  • Minor editing to zone code purpose statements and overall outcomes.
  • Editing to zone code tables to ensure criteria for self assessable development applies to assessable development as well.
Part 7—Local plans
  • Minor editing (including zone names, formatting, headings)
  • Inclusion of mandatory 'application' component for all codes
  • Inclusion of additional sub-headings in all codes for improved clarity
Part 8—Overlays
  • Minor editing (including zone names, formatting, headings)
  • Inclusion of mandatory 'application' component for all codes
  • Inclusion of additional sub-headings in all codes for improved clarity
  • Change of overlay name:
  • 'Biodiversity Areas Overlay' to 'Environmental Significance Overlay'
  • 'Good Quality Agricultural Land Overlay' to 'Agricultural Land Overlay'
Part 9—Development codes
  • Minor editing (including zone names, formatting, headings)
  • Inclusion of mandatory 'application' component for all codes
  • Inclusion of additional sub-headings in all codes for improved clarity
  • Part 9.2.1 – Community Residence Code moved from 9.2.2.
  • Part 9.2.2 – Forestry for Wood Production Code (new state-wide code) has been included.
  • Part 9.2.3 – Reconfiguring a Lot (subdividing one lot into two lots) and Associated Operation Works Code) Moved from 9.2.3. Editing to Table 9.2.3:1 for greater clarity and consistency with QPP V 3.1.
Part 10—Other Plans
  •  Minor editing (including zone names, formatting, headings)
Schedule 1 – Definitions
  •  SC1.1 Use definitions – New suite of definitions introduces 12 new use definitions and 21 new administrative definitions.
  • SC1.1.1 Industry thresholds – Inclusion of an Industry Thresholds table for greater clarity for industrial uses.
  • Minor editing to some existing use definitions (name and definition).
  • Minor changes to Activity Groups (to maintain consistency with QPP V3.1).
  • SC1.2 – Administrative definitions – Four (4) use definitions and 15 administrative definitions were deleted. Minor changes to some existing administrative names and definitions.
Schedule 2—Mapping
  •  Minor editing to reflect zone, precinct and overlay name changes.
Schedule 3—Priority infrastructure plan mapping and supporting material
  • Insert a new Schedule 3 to read as follows: 'Schedule 3 Priority infrastructure plan mapping and supporting material'.
Schedule 4— Notations required under the Act
  • Inserted a new schedule 4 to read as follows:
  • 'Schedule 4 Notations required under the Sustainable Planning Act 2009'
  • Renumbered the former schedule 3 to become a new subheading to read as follows:
  • 'SC4.1 Notation of decisions affecting the planning scheme under section 391 of the Act'
  • Included a new subheading to read as follows: 'SC4.2 Notation of resolution(s) under section 648D of the Act'
  • Included a new subheading to read as follows: ' SC4.3—Notation of registration for urban encroachment provisions under section 680ZE of the Act' .
Schedule 5—Land designated for community infrastructure
  • Inserted a new schedule 5 to read as follows: 'Schedule 5 Land designated for community infrastructure'.
Schedule 6—Planning scheme policies
  • Renumbered the former schedule 4 to become a new schedule 6 to read as follows:
  • 'Schedule 6 Planning scheme policies'.

Reason for considering this as a 'minor amendment'The process for amending planning schemes is set down in Statutory Guideline 01/14 — Making and amending local planning instruments. The guideline outlines the process that amendments must go through and steps a local government must follow.An amendment to make the planning scheme consistent with the latest version of QPP is identified as a minor amendment as it is a matter that meets the following criteria:

      • has involved adequate consultation with the public and the state; and
      • reflects changes to the planning scheme in response to a ministerial direction if in the local government's opinion, the subject matter of those changes involved adequate public consultation

A minor amendment does not require public consultation.

Part 1 Preliminary

Clause 1 - Short title

This amendment may be cited as Toowoomba Regional Planning Scheme– Amendment No. 3.

Clause 2 - Adoption

Toowoomba Regional Council adopted this planning scheme amendment on the 21st May 2013.

Clause 3 - Commencement

This amendment took affect on the 14th June 2013.

Part 2 Amendment of the Planning Scheme

Clause 4 - Amendment of the Planning Scheme

Toowoomba Regional Planning Scheme is amended in the manner set out in this part.

Clause 5 - Amendment of Part 8 – Overlays

(1) Part 8.3.2 – Table 8.3.2:2

omit – performance outcome heading: "Demolition or Removal of a Neighbourhood Character Place (as defined in Schedule 4 PSP No. 7 – Neighbourhood Character Places)."

insert – new performance outcome heading: "Demolition, Removal (which includes relocation within a site) of a Neighbourhood Character Place (as defined in Schedule 4 PSP No. 7 – Neighbourhood Character Places) – whether or not as a consequence of New Development."

(2) Part 8.3.2 – Table 8.3.2:2

omit - performance outcome heading: "New Development Generally".

insert – new performance outcome heading: "Design and Form of New Development
Generally".

Adoption

Sustainable Planning Act 2009
Chapter 3 Part 5
Adoption of Amendment No.2 to the Toowoomba Regional Planning Scheme (major amendment)


Notice is hereby given that on 21 October 2014 the Toowoomba Regional Council adopted the Toowoomba Regional Planning Scheme – Amendment No.2.

The amendment commences on 3 November 2014.

Toowoomba Regional Planning Scheme – Amendment No.2

The purpose and general effect of the amendment is to undertake multiple amendments to the following sections of the planning scheme:

      • Part 5 – Tables of Assessment;
      • Part 6 – Zone Codes;
      • Part 7 – Local Plans;
      • Part 8 – Overlays;
      • Part 9 – Other Codes; and
      • Schedule 2 – Mapping.

Related document

Toowoomba Regional Planning Scheme Amendment No2 - Expanatory Statement

Part 1 Preliminary

Clause 1 Short title
This amendment may be cited as Schedule 6, SC6.6 – Planning Scheme Policy No. 6 – Heritage Places – Amendment No.1

Clause 2 Adoption
Toowoomba Regional Council adopted this planning scheme policy amendment on the 19 August 2014.Clause 3 Commencement
This amendment took affect on the 3 November 2014.

Part 2 Amendment of Planning Scheme Policy

Clause 4 Amendment of the Planning Scheme Policy
Planning Scheme Policy 6 (Heritage Places) is amended in the manner set out in this part.Clause 5 Amendment of Schedule 6 – Planning Scheme Policies (1) Schedule 6, SC6.6 – Planning Scheme Policy No. 6 – Heritage Places, SC6.6.2 :

omit –
2/PIT/0153
0
Yandilla Street
PITTSWORTH
RP179484/4 No

insert – 
2/PIT/0153
81 Yandilla Street
PITTSWORTH
RP179484/4
No

Part 1 Preliminary

Clause 1 Short title
This amendment may be cited as Schedule 4, SC4.2 – Planning Scheme Policy No. 2 – Engineering Standards – Roads and Drainage Infrastructure – Amendment No.1

Clause 2 Adoption
Toowoomba Regional Council adopted this amendment on the 10th December 2013.Clause 3 Commencement
This amendment took affect on the 10th January 2014.

Part 2 Amendment of the Planning Scheme Policy

Clause 4 Amendment of the Planning Scheme PolicyPlanning Scheme Policy No.2 is amended in the manner set out in this part.

Clause 5 Amendment of Schedule 4 – Planning Scheme Policies

SC4.2 PSP No. 2 – Engineering Standards – Roads and Drainage Infrastructure

omit – the whole SC4.2

insert – new SC4.2 (as in Toowoomba Regional Planning Scheme v4.0, Schedule 4 - SC4.2) .

Clause 6 Amendment of Appendix 12 (Table of amendments)

Appendix 12, at the end of the table -

insert -

10 January 2014
v4.0
Major
Amendment No.1 to Schedule 4, SC4.2 – Planning Scheme Policy No. 2 – Engineering Standards – Roads and Drainage Infrastructure

Related document

Toowoomba Regional Planning Scheme Amendment No1 - Amendment Document

Planning scheme documents

Activity Centres Study
Bushfire Study
Charges Resolution No.2 (for print)
Flood Study
Historic Cambooya Planning Scheme - Maps
Historic Cambooya Planning Scheme - Text
Historic Clifton planning scheme - maps
Historic Clifton planning scheme - text
Historic Crows Nest Planning Scheme - maps
Historic Crows Nest Planning Scheme - text
Historic Jondaryan Planning Scheme - maps
Historic Jondaryan Planning Scheme - text
Historic Millmerran Planning Scheme - maps
Historic Millmerran Planning Scheme - text
Historic Pittsworth planning scheme - maps
Historic Pittsworth planning scheme - text
Historic Rosalie planning scheme - maps
Historic Rosalie planning scheme - text
Historic Toowoomba planning scheme - maps
Historic Toowoomba planning scheme - text
Industrial Land Use Study (2010)
Industrial Land Use Study - 2012 Study Update: Part 1
Industrial Land Use Study - 2012 Study Update: Part 2.1
Industrial Land Use Study - 2012 Study Update: Part 2.2
Industrial Land Use Study - 2012 Study Update: Part 2.3
Industrial Land Use Study - 2012 Study Update: Part 2.4
Industrial Land Use Study - 2012 Study Update: Part 2.5
Industrial Land Use Study - 2012 Study Update: Part 3.1
Industrial Land Use Study - 2012 Study Update: Part 3.2
Industrial Land Use Study - 2012 Study Update: Part 3.3
Industrial Land Use Study - 2012 Study Update: Part 3.4
Industrial Land Use Study - 2012 Study Update: Part 3.5
Industrial Land Use Study - 2012 Study Update: Part 3.6
Industrial Land Use Study - 2012 Study Update: Part 3.7
Industrial Land Use Study - 2012 Study Update: Part 4
Planning Scheme adoption of amendment No.7
Planning Scheme amendment No.1 - amendment document
Planning Scheme amendment No.1 to Planning Scheme Policy No.3 - formal documentation included appendix A
Planning Scheme amendment No.2 - explanatory statement
Planning Scheme amendment No.5 - formal documentation
Planning Scheme amendment No.8 - formal documentation with attachments
Planning Scheme amendment No.10 - formal documentation
Planning Scheme amendment No.12 - formal documentation
Planning Scheme amendment No.13 (administrative amendment)
Planning Scheme amendment No.14 - formal documentation
Planning Scheme Policy No.6 heritage places amendment No.2 - formal documentation
Planning Scheme Policy No 7 – Neighbourhood Character – Amendment No 1 Formal Documentation
Planning Scheme Policy No 7 – Neighbourhood Character – Amendment No 2 Formal Documentation
Planning Scheme proposed amendment No.8 - formal documentation and explanatory statement
Priority Infrastructure Area & charge area maps - appendix A (for print)
Proposed Amendment No.1 to PSP4
Proposed Amendment No.1 to PSP 4 Explanatory Statement
Proposed Amendment No.3 to PSP7
Proposed Amendment No.3 to PSP 7 Explanatory Statement
Proposed Amendment No.4 to PSP6
Proposed Amendment No.4 to PSP 6 Explanatory Statement
Proposed Amendment No.11 Explanatory Statement
Proposed Amendment No.11 to Toowoomba Regional Planning Scheme
Regional Strategic Sport and Recreation Plan
Residential Land Use Study
Rural Land Use Study
Scenic Amenity Study
Significant Vegetation Study
Significant Wetlands & Waterways Study
Steep and Unstable Land Study
Technical guideline for new developments - General waste and recyclable waste storage and collection
Toowoomba PDA submissions report
Toowoomba Railway Parklands PDA development scheme
Toowoomba Railway Parklands PDA development scheme built form guidelines
Transport Study
Vegetation Extension Study
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