When it comes to boundaries there are two types of overlay:
- Those that are property based and have boundaries that align with property boundaries e.g. Heritage Overlay and Neighbourhood Character Overlay.
- Those that are based on features that do not align with property boundaries e.g. Bushfire Hazard Overlay and Agricultural Land Overlay.
Where development is proposed on land where an overlay applies any development application must address the corresponding overlay code. A property may be partially covered by an overlay and the overlay code would only apply if the development was located within that part of the property covered by the overlay. Where there is disagreement between the applicant and Council on whether the proposed development is inside or outside the overlay the two will work together to resolve the issue.
The applicant must produce a hard copy site plan showing the envelope of their development, drawn to a scale of 1:1000.
Council will produce a hard copy site plan showing the location of the relevant overlay boundary, drawn to a scale of 1:1000.
Both plans will be overlaid to show the relationship between the development envelope and the location of the overlay.
For further information please contact a Technical Advice Officer on 131 872 or visit your nearest Customer Service Centre.
The information contained in this article is a statement of Council’s interpretation only. This information has been prepared by Toowoomba Regional Council to help people better understand the Toowoomba Regional Planning Scheme and in particular Council’s interpretation of specific provisions. The content of this article is not intended to replace the provisions of the Toowoomba Regional Planning Scheme.