planning report Grant St - 27

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The application does not trigger assessment against for coastal hazards.

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use Dual Occupancy situated
at 27 Grant St, Noosa Heads. The use is a consistent code assessable development within the
Medium Density Residential Housing Zone. The assessment finds the design generally 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 if the development does 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 of a 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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