The following are the main reasons why changes to the zoning of a property may be proposed:

1. Rezoning from Low density residential zone to Low-medium density residential. The Low-Medium Density Residential Zone is proposed in selected locations in urban Hervey Bay and Maryborough. These areas have been identified because they:

• are close to existing services, centres, or infrastructure; and
• can accommodate additional housing without significantly impacting neighbourhood character.

• Rezoning from Low density residential zone to Township Zone. The Township zone is proposed to replace the Low density residential zone in the following locations:
  • Precinct T1 (Coastal) Burrum Heads, Toogoom, Boonooroo, Poona, Tinnanbar, Maaroom, Tuan, Happy Valley, Eurong, Orchid Beach.
  • Precinct T2 (Rural)

Howard, Torbanlea, Tiaro, Bauple, Gundiah, Brooweena.

These smaller communities have been placed in the Township zone to improve how the planning scheme requirements can be adjusted to respond to the unique characteristics, constraints and opportunities of these locations.

• Rezone to reflect exiting development: In some locations zoning has been updated to reflect development that has occurred over the past few years. For example, land that is currently zoned Emerging community but is now fully developed as a new residential neighborhood, may be proposed for rezoning to a residential zone. You will see examples of this in places like Kawungan, Nikenbah and Burrum Heads.
• Changes to the “zone precincts”: Zone precincts are used as a tool for refining development requirements within a single zone. A zone precinct allows us to define the desired outcomes and levels of assessment for specific locations while still complying with the States mandatory zone definitions and purpose statements.

The amendments propose to introduce and change “zone precincts” for the following reasons:

• Introduction of urban, coastal and rural precincts for District Centre, Local Centre and Neighbourhood Centre Zones – provides a framework for applying different development requirements for our urban areas, coastal villages and rural townships.
• Removal of zone precincts for Rural Residential zone – supports opportunities for infill development within existing rural residential areas where necessary infrastructure is available.
• Introduction of zone precincts for the Community facilities zone: It is proposed to remove the current Community facilities zone “annotations” and replace with “zone precincts” to be consistent with all other zones, simplify the intent and make the planning scheme easier to use. The new precincts are consistent with the existing “annotations” and do not change the development requirements.
• Introduction of zone precincts for the Limited development zone: New zone precincts are proposed for the Limited development zone to improve clarity on the reasoning for the limitations to development and to better align with the Planning Act 2016 decision making rules.

• Rezoning of the Hervey Bay tourism nodes (Scarness, Torquay, Urangan): The rezoning of properties in the Esplanade activity nodes from High density residential zone (HDR1 Precinct) to Mixed use zone (Esplanade activity nodes) is proposed to better reflect the intent of the nodes and set the framework for future local area planning. Development requirements for these properties remain largely unchanged.
• Rezoning of the Dominion Flour Mill site, Maryborough: The rezoning of the Dominion Flour Mill site from Mixed use zone to Medium density residential zone is proposed to reflect its potential to provide medium density residential housing.
• Rezoning of Council land: The amendments propose to amend the zoning of a range of Council land to reflect the current or intended use of a site. An examples is the rezoning of multiple open space properties to reflect an audit of all parcels of Council owned open space land. Rezonings are being proposed to reflect the primary function of those parcels (E.g. park, drainage, environmental). Other examples are where Council has acquired a parcel for a specific infrastructure function and proposes to rezone it to reflect that function (E.g. Howard wastewater treatment plant).
• Rezoning to Limited Development Zone (Precinct LD1 – Intolerable flood risk) In some locations, properties are proposed to be rezoned to the Limited Development Zone (Precinct LD1) to reflect areas subject to intolerable flood risk. These properties are included in the State’s Voluntary Home Buy Back Scheme, where ongoing residential use is no longer considered appropriate due to flood risk.

Your existing land use rights are protected

• You can keep using your home, farm, or business exactly as you do now.
• Any existing approvals or lawful uses remain valid.
• Council does not force landowners to redevelop or sell because of a zoning change.

What rezoning does?

Rezoning simply updates the planning rules that apply to future development. These rules give direction on things like:

• The types of land uses that are supported and not supported in each zone.
• Minimum lot sizes and infrastructure standards.
• Requirements for built form, landscaping and amenity.

The following changes apply across all zones in the planning scheme.

• The format of zone codes has changed to improve clarity on the desired outcomes for different locations and respond to contemporary standards.
• Duplication in the Zone codes have been reduced by removing Performance Outcomes (POs) and Acceptable Outcomes (AOs). Assessment against the Zone codes now relies on purpose statements and overall outcomes to describe the intended look, feel and land use of each zone. This approach aligns with best practice and the assessment framework under the Planning Act 2016.
• Inclusion of place types for each zone to clarify the intended character of each zone.
• Additional requirement to ensure new development avoids or mitigates intolerable risk from natural hazards, including bushfire, flood, landslide and coastal processes.

The Low-medium density residential zone has been introduced in parts of the existing Hervey Bay and Maryborough urban area to encourage infill development opportunities and gentle density.

What is the purpose of this zone?

The purpose of the Low-medium density residential zone is to provide for:

• a variety of low to medium density dwelling types; and
• community uses, and small-scale services, facilities and infrastructure, to support local residents.

Where is this new zone located?

The Low-Medium Density Residential Zone is proposed in selected locations in urban Hervey Bay and Maryborough. These areas have been identified because they:

• are close to existing services, centres, or infrastructure; and
• can accommodate additional housing without significantly impacting neighbourhood character.

What standards apply in this zone?

• Maximum building height: up to 11 metres (generally 3 storeys)
• Minimum lot size: lots smaller 450m2 may be supported where they meet small lot design requirements.

What types of development are encouraged?

Preferred residential development in this zone includes:

• Dwelling house
• Dual occupancy and Triplex
• Multiple dwellings
• Residential care facility
• Retirement facility
• Rooming accommodation

See Low-medium density residential zone Table of Assessment and Low-Medium density residential zone code for more information.

The Township zone has been introduced to better support the unique characteristics and development opportunities within rural and coastal townships.

What is the purpose of this zone?

The purpose of the township zone is to provide for:

• a variety of low density dwelling types in coastal areas;
• a variety of low to medium density dwelling types in rural areas; and
• community uses, and small-scale services, facilities and infrastructure, to support local residents.

How do the Precincts work?

Precinct T1 (Coastal):

• reinforces the unique character, sense of community and physical setting of the Coastal township;
• responds to the risk to coastal townships from exposure to storm tide inundation, erosion, sea level rise, flood and bushfire;
• is designed to be sympathetic to the natural setting and to complement the coastal/beachside character of the locality;
• protects and enhances the environmental values and natural features of the Coastal township;
• recognises that Coastal townships:
  • will be serviced by a lower level of infrastructure, services and facilities compared to an Urban or Suburban neighbourhood on the Fraser Coast; and
  • will need to be supported by other higher order centres located outside of Precinct T1 (Coastal).

Precinct T2 (Rural):

• provides a diversity of housing to support sustainable populations in the Rural townships and enable residents to find suitable accommodation throughout their life cycle including triplex, residential care facilities, retirement facilities, rooming accommodation and community residences where the use:
  • is of a scale and intensity consistent with the prevailing with the intended or existing character of surrounding development; and
  • manages potential acoustic, visual and lighting impacts on surrounding low density uses;
• supports the economic viability & growth of the rural centres which service the Rural townships; and
• support economic opportunities including tourism, rural enterprises and highway services in the rural areas surrounding the Rural townships.

Where is this new zone proposed?

The Township zone is proposed to replace the Low density residential zone in the following locations:

• Precinct T1 (Coastal)
  • Burrum Heads, Toogoom, Boonooroo, Poona, Tinnanbar, Maaroom, Tuan, Happy Valley, Eurong, Orchid Beach.
• Precinct T2 (Rural)
  • Howard, Torbanlea, Tiaro, Bauple, Gundiah, Brooweena.

What standards apply in this zone?

• Maximum building height:
  • 8.5m (2 storeys)
  • 10m where on slopes exceeding 15% (2 storeys)
• Minimum lot sizes:
  • 450m² – connected to water and sewerage
  • 3,000m² – connected to water but not sewerage
  • 1ha – not connected to water & sewerage

What types of development are encouraged?

Preferred residential development in this zone includes:

Rural precinct

• Dwelling house
• Dual occupancy and Triplex
• Dwelling unit,
• Residential care facility
• Retirement facility
• Rooming accommodation
• Rural workers’ accommodation
• Workforce accommodation

Coastal precinct

• Dual occupancy
• Dwelling house
• Dwelling unit
• Residential care facility
• Retirement facility

See Township Zone Table of Assessment and Township Zone code for more information.

Changes are proposed to the Low density residential zone to encourage infill housing opportunities where reticulated sewerage and water services are available.

What are the key changes proposed?

• Removal of Precinct LDR1 (minimum 2,000m² lots).
• Changes to minimum lot sizes:

• 450m² where connected to reticulated water and sewerage (previously 500m²)
• 3,000m² where not connected to reticulated sewerage

Changes are proposed to the Medium density residential zone to encourage infill housing opportunities, ensure lot sizes encourage a diversity of housing types and improve the viability of construction of multiple dwellings by increasing maximum building height requirements.

What are the key changes proposed?

• Increase maximum building height to 16m (5 storeys). Previously 11m (3 storeys)
• Reduce the minimum lot size to 450m² (previously 800m²) with smaller lots supported where small lot requirements are met.
• Changes to level of assessment to allow Self-assessable Triplex which does not require application to Council if all requirements are met.

What are the key changes proposed?

• Zone precinct HDR1 at Scarness, Torquay and Urangan replaced with Mixed use zone (Precinct MU6 Esplanade Activity Nodes) to better reflect the intent of the nodes and set the framework for future local area planning.
• Increase of minimum lot size from 800m² to 1,500m² to avoid fragmentation of lots suitable for high density development.
• No changes to building height requirements.
• Reduce level of assessment for “Resort complex” (where building height does not exceed 20m) to Code assessment to reflect the intent of the zone as the preferred location for high density tourist and residential accommodation.

Changes are proposed for the Rural residential zone to encourage better utilisation of existing Rural residential zoned areas.

What are the key changes proposed?

• Removal of zone Precincts RR1 (minimum lot size 4,000m²) & zone Precinct RR2 (Minimum lot size 1ha)
• Changes to minimum lot sizes:
  • 3000m² if connected to municipal water but not sewerage
  • 1ha if not connected to municipal water

These changes seek to balance supporting opportunities for infill development within rural residential areas close to urban services, while also addressing increasing risks arising from unsewered lots and bushfire hazards.

What are the key changes proposed?

• No change to existing height requirements but acknowledgement added that additional height may be supported where exceptional design and a positive contribution to the centre is demonstrated
• Minimum lot size increased to 1,500m² (previously 400m²) to ensure lots are large enough to accommodate high density development
• Levels of assessment reviewed to ensure the full suite of modern land uses are supported by the lowest level of assessment possible.

Refer to the Local Area Plans for the Hervey Bay City Centre and the Maryborough CBD for other changes.

What are the key changes proposed?

• Centre Zone codes have been amended to reflect the new zone precincts which have been added the District centre, Local centre and Neighbourhood centre zones. The precincts are:
  • Urban – to facilitate development consistent with the existing servicing requirements and hierarchy of centres in Hervey Bay and Maryborough urban areas.
  • Rural – to facilitate a more diverse range of uses than Precinct DC1 (Urban) to reflect the rural, disconnected and isolated character of the area;
  • Coastal – to facilitate development that reflects the uniqueness of the coastal locality, including coastal hazard constraints
• Levels of assessment have been reviewed to ensure the full suite of modern land uses are supported by the lowest level of assessment possible, having regard to the hierarchy of centres and the unique requirements for each Centre zone precinct.

What are the key changes proposed?

• Precinct MU4 – Dominion Flour Mill
  • Precinct removed to reflect removal of the heritage buildings from the site and site rezoned to Medium density residential to reflect its potential for medium density residential redevelopment.
• Precinct MU6 – Esplanade Activity Nodes (new precinct)
  • High density residential (zone precinct HDR1) at Scarness, Torquay and Urangan replaced with Mixed use zone (Precinct MU6 Esplanade Activity Nodes) to better reflect the intent of the nodes and set the framework for future local area planning.
  • Maximum building height remains unchanged (Up to 26m) but acknowledgment added that additional height may be supported where exceptional design and positive contribution to activation of the activity node function is demonstrated.
  • Increase of minimum lot size from 800m² to 1,500m² to avoid fragmentation of lots suitable for high density development.
  • Reduce level of assessment for “Resort complex” (where building height does not exceed 20m) to Code assessment to reflect the intent of the zone as the preferred location for high density tourist and residential accommodation.
  • All other requirements are consistent with those which applied under previous High Density Residential zoning.
• Precinct MU7 – Hervey Medical Precinct (New Precinct)
  • New precinct created to support the redevelopment of the under-utilised TAFE site into a medical and mixed use precinct.

Changes to the levels of assessment for development in the Industry zones are being proposed to encourage business and industry opportunities by minimising requirements for applications to Council for the right activities in the right zone.

Refer to Part 5.5 Categories of development and assessment – Material change of use for details on the proposed changes.

Changes to Industry thresholds are also proposed to align with emerging and innovative industry activities and processes.

Refer to Schedule SC1.3 Industry thresholds of the planning scheme for details on the proposed changes.

It is proposed to remove the current Community facilities zone “annotations” and replace with “zone precincts” to be consistent with all other zones, simplify the intent and make the planning scheme easier to use. The new precincts are consistent with the existing “annotations”

• Precinct CF1 (Education and training facilities)
• Precinct CF2 (Government purposes and public utilities)
• Precinct CF3 (Hospital and medical services facilities)
• Precinct CF4 (Community and cultural facilities)
• Precinct CF5 (Telecommunications facilities)
• Precinct CF6 (Cemetery)

Levels of assessment where also reviewed with most uses remaining unchanged. However some adjustment to the level of assessment for low risk activities have been proposed. Refer to Part 5.5 Categories of development and assessment – Material change of use for details on the proposed changes.

Changes are proposed to the Limited development zone to improve clarity on the reasoning for the limitations to development and to better align with the Planning Act 2016 decision making rules.

What are the proposed changes proposed?

• New Precincts added:

• Precinct LD1 (Intolerable flood risk) includes areas at intolerable risk of extreme flooding in terms of velocity and/ or depth, that poses severe restrictions on the ability of the land to be developed for urban purposes;
• Precinct LD2 (Airport impacts) includes areas that comprise public safety areas for airports or are affected by the ANEF such that they are considered to have potential adverse public health and safety impacts or unacceptable impacts on amenity;
• Precinct LD3 (Emissions buffer) includes areas where odour, noise or other emissions from a wastewater treatment plant, waste management facility or industry activity are likely to have significant adverse impacts on public health and safety or unacceptable impacts on amenity; and
• Precinct LD4 (Military training area) includes the Wide Bay Military Reserve.

• Increase level of assessment for dwelling house and caretakers residence from Code to Impact in Precinct LD1 (Intolerable flood risk) and LD2 (Airport impacts).
• Amendments to the code to improve clarity on the intent of the zone and introduction of a performance outcomes specific to the constraint.
• Removal of “(Constrained land)” in accordance with the Planning Regulation 2017.
• Removal of Performance outcomes and Acceptable outcomes to align with the Planning Act decision rules.

The amendments propose to increase the level of assessment for subdivision creating a lot less than 100 hectare in the rural zone from code assessable to impact assessable. The amendment seeks to protect rural zoned land from further fragmentation. Exceptions to this are where:

• the subdivision is for a boundary realignment;
• creating an easement giving access to a lot from a constructed road; or
• dividing land by way of lease for a term, including renewal options, 10 years or less.

Additional overall outcomes are also proposed to specify the circumstances where the fragmentation of agricultural land may be considered.