State Planning Policy Guideline: Strategic ports Draft: April 2013 ii The Department of State Development, Infrastructure and Planning leads a coordinated Queensland Government approach to planning, infrastructure and development across the state. © State of Queensland. Published by the Department of State Development, Infrastructure and Planning, April 2013, 100 George Street, Brisbane Qld 4000. The Queensland Government supports and encourages the dissemination and exchange of information. However, copyright protects this publication. The State of Queensland has no objection to this material being reproduced, made available online or electronically but only if it is recognised as the owner of the copyright and this material remains unaltered. Copyright enquiries about this publication should be directed to the department’s Legal Services division via email info@dsdip.qld.gov.au or in writing to PO Box 15009, City East, Queensland 4002. The Queensland Government is committed to providing accessible services to Queenslanders of all cultural and linguistic backgrounds. If you have difficulty understanding this publication and need a translator, please call the Translating and Interpreting Service (TIS National) on 131 450 and ask them to telephone the Queensland Department of State Development, Infrastructure and Planning on 07 3227 8548. Disclaimer: While every care has been taken in preparing this publication, the State of Queensland accepts no responsibility for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. To the best of our knowledge, the content was correct at the time of publishing. 3 Contents 1. Purpose 4 2. Application 5 3. Background—Why are strategic ports a state interest? 6 4. Reflecting the state interest in a local planning instrument 7 5. Tools to assist the achievement of the state interest 9 Appendix 1 – Example code 10 Annexure 1 Definitions and abbreviations 13 4 1. Purpose The purpose of this guideline is to assist local governments in appropriately reflecting the State Planning Policy (SPP) state interest—Strategic ports in local planning instruments. The information in this guideline is for guidance purposes only and is not intended to be interpreted as the only way in which a local government may appropriately reflect the state’s interest in strategic ports into their planning scheme. This guideline is intended to be used by local governments to support the drafting of new or amended planning schemes. The Department of State Development, Infrastructure and Planning (DSDIP) and the Department Transport and Main Roads (TMR) can provide assistance as required. 5 2. Application The SPP applies to the making or amending of a local planning instrument where a local government area contains a strategic port identified in Table 1: Strategic ports. Table 1: Strategic ports Strategic ports Abbot Point, Brisbane, Bundaberg, Cairns, Cape Flattery, Gladstone, Hay Point, Karumba, Lucinda, Mackay, Mourilyan, Rockhampton (Port Alma), Thursday Island, Townsville, Weipa Relevant local governments to which the state interest applies Brisbane City Council Bundaberg Regional Council Cairns Regional Council Carpentaria Shire Council Cassowary Coast Regional Council Gladstone Regional Council Hinchinbrook Shire Council Hope Vale Aboriginal Shire Council Mackay Regional Council Rockhampton Regional Council Torres Shire Council Townsville City Council Whitsunday Regional Council Weipa Town Authority 6 3. Background—Why are strategic ports a state interest? Queensland’s ports play an important role in the economic and social wellbeing of the community by creating significant levels of income and employment for the state and facilitating the import and export of consumable goods and commodities that are essential for the quality of life we enjoy. Ports generate environmental emissions, such as noise, vibration, air particles and light. Environmental emissions can have adverse impacts on the health, wellbeing and quality of life of communities located in the vicinity of ports so it is important to ensure that development is located, designed and/or constructed to reduce the community’s exposure to environmental emissions. In recent times, there has been significant population growth in Queensland and an associated shortage of land to accommodate this growth. As a result in some places urban development has been encroaching towards port land, increasing the risk of amenity impacts on both the community and the long-term sustainability of port operations in Queensland. As it is anticipated that port activities and urban development will continue to grow in Queensland, it is important that these issues are addressed. 7 4. Reflecting the state interest in a local planning instrument The following provides guidance around the ways a local government may implement the each policy element from the SPP. Policy 1—protecting existing strategic port land or core port land for strategic ports identified in Table 5: Strategic ports  Local government planning schemes identify strategic port land and core port land of the ports identified in Table 5: Strategic ports (Table 1 of this guideline) in their strategic framework, through both mapping and text Policy 2—protecting key transport corridors linking ports to the broader transport network  Local government planning schemes identify the key transport corridor links to individual strategic ports in their strategic framework, through both mapping and text Policy 3—ensuring any development in proximity to a strategic port does not prejudice the efficient operations of the port and contributes to mitigating environmental emissions generated by port activities on the development  Local government planning schemes ensure compatible land uses are located in proximity to a port. Incompatible land uses in proximity to ports include sensitive development  A non-mandatory port protection code has been prepared to assist local governments in achieving the policy outcome (Appendix A). This code is intended to be adapted as appropriate by local government into a planning scheme.  Local governments may elect to use an overlay to identify areas to which the port protection code (or similar) should apply or alternatively incorporate similar provisions into a precinct or local plan code.  It is important that the code (or similar provisions) only apply to those areas adversely affected by environmental emissions that comply with the relevant environmental legislation and conditions of approval that govern the operation of uses with the boundaries of the strategic port. Control of development within proximity to ports is not to be used as a management method for the mitigation of the effect of port operations which fail to satisfy lawfully imposed approval conditions or legislative requirements. Policy 4— including measures to promote development in proximity to strategic ports which is compatible with port operations and environmental emissions  Local government planning schemes promote the location of compatible uses in proximity to a strategic port including compatible industrial and commercial uses 8 Policy 5 – promoting use of land surrounding strategic ports that is compatible with, depends upon or gains significant economic advantage from being in proximity to a strategic port, or supports the role of the strategic port as a critical freight and logistics hub  Planning schemes should seek to maximise economic and employment growth opportunities afforded by the presence of the strategic port. Policy 6—having regard to the findings of noise, air and light emission modelling undertaken as part of port planning processes  Development located in proximity to a port avoids lighting which has the potential to interfere with navigation  Local government planning schemes do not locate sensitive development in locations adversely impacted by noise, air and light emissions generated by ports, as indicated by port modelling 9 5. Tools to assist the achievement of the state interest  Queensland Government draft Great Barrier Reef Ports Strategy  Non-mandatory port protection code (see Appendix A)  Integrated regional transport plans, TMR  Port land use plans (available from relevant port authorities)  Environmental impact statement documentation for coordinated projects relating to strategic ports is made available through the Office of the Coordinator-General 10 Appendix 1 – Example code Non-mandatory port protection code The following development assessment measures are non-mandatory and provide guidance only to local governments. Local governments may choose to adopt all or part of the development code in their local government planning scheme. If local governments wish to apply this code for individual ports, the local government must determine the extent of areas in proximity to ports:  where lighting associated with development has the potential to interfere with navigation aids, in consultation with the relevant harbour master  that are adversely affected by noise and/or dust emissions generated by port activities, in consultation with the relevant port authority. The code can then be applied to these areas. Code: Port protection code Purpose The purpose of the code is to ensure that development in proximity to a strategic port does not prejudice the efficient operations of the port and that it contributes to mitigating environmental emissions generated by port activities. Overall outcomes for port protection code The purpose of the code will be achieved through the following overall outcomes:  Development is designed and constructed to: − avoid lighting that has the potential to interfere with navigation aids associated with a strategic port − contribute to the mitigation of adverse impacts on the amenity of the community from emissions where located within areas affected by dust and/or noise generated by port activities. [...]... facility, short-term accommodation, tourist park Strategic port A strategic port meets either of the following criteria: strategic port land is located at the facility, or core port land is located at the facility (e.g Port of Brisbane) Strategic port land Under the Transport Infrastructure Act 1994 strategic port land is land required for strategic port purposes which is owned or leased by a port authority,... Queensland Planning Provisions, sensitive development and sensitive land uses includes any of the following: child care centre, community care centre, community residence, dual occupancy, dwelling house, educational establishment, health care services, hospital, hostel, multiple dwelling, office, relocatable home park, residential care facility, retirement facility, short-term accommodation, tourist park Strategic. .. from ports is designed and constructed to mitigate adverse amenity impacts AO2.1 Sensitive development in proximity to a port ensures habitable rooms are adequately protected from port noise to meet the acoustic quality objectives outlined in schedule 1 of the Environmental Protection (Noise) Policy 2008 11 Port dust emissions PO3.0 Sensitive development adversely affected by dust emissions from ports. .. Act 1994 strategic port land is land required for strategic port purposes which is owned or leased by a port authority, and is identified in the port land use plan 13 Department of State Development, Infrastructure and Planning PO Box 15009 City East Qld 4002 tel 13 QGOV (13 74 68) info@dsdip.qld.gov.au www.dsdip.qld.gov.au 14 ...Performance outcomes Acceptable outcomes Navigation facilities PO1.0 Development in proximity to ports avoids lighting that has the potential to interfere with navigation aids AO1.1 Development must ensure that at all times all lights on or above the development site do not interfere with safe navigation... which may be confused with aids to navigation  avoiding coloured lights such as green, blue or red lights which may be confused with aids to navigation AO1.2 Lighting complies with section 3 of AS 428 2-1 997— Control of the obtrusive effects of outdoor lighting AO1.3 Development must not in any way interfere with any navigation mark or light erected on the development site AO1.4 Development must, to . governments in appropriately reflecting the State Planning Policy (SPP) state interest Strategic ports in local planning instruments. The information in. local planning instrument where a local government area contains a strategic port identified in Table 1: Strategic ports. Table 1: Strategic ports Strategic