planning application 3 werin dual occupancy

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PIVOTAL

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PIVOTAL

6.0 Conclusion

This application seeks a Development Permit for Material Change of Use Dual Occupancy,
associated Operational Works (Landscaping, Access, Car parking, Earthworks, Stormwater) and
Reconfiguring a lot (1 lot into 3 lots) for community title, situated at 3 Werin Street, Tewantin.

The use is a consistent code assessable development within the Medium Density Residential
Housing Zone. The assessment finds the design meets the relevant Acceptable and Performance
Outcomes.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

( a ) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan
2020); and

(b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

(a) must decide to approve the application to the extent the development complies with all of the assessment
benchmarks for the development; and

(b) may decide to approve the application even ifthe developmentdoes not comply with some of the assessment
benchmarks; and

Examples—
1 An assessment manager may approve an application for development that does not comply
with some of the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply

with some of the benchmarks if the decision resolves a conflict between the benchmarks and
a referral agency’s response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to
refuse the application only if compliance cannot be achieved by imposing development conditions.
Example ofa development condition—
a development condition that affects the way the development is carried out, or the management of uses or works that

are the natural and ordinary consequence of the development, but does not have the effect of changing the type of
development applied for

The assessment finds the development generally complies with all Acceptable Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.

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