Applicant's Information Response

           “Where residential development is proposed it is provided for in a mixed use building with small
           dwellings, where such activities are ancillary to and support the predominant business functions
           of the zone”.

As part of this assessment it is important to note that the associated Acceptable Outcome A039.1 reads
as follows:

      “Where development provides for one or more of the following residential activities, it is in the
      form of small dwellings only and accommodated in a mixed-use building format:

      a)      caretaker’s accommodation;

      b)      dual occupancies;

      c)      dwelling units (e.g. shop top housing);
      d)      multiple dwellings.

As highlighted in the code assessment submitted with the original application, the proposal fully
complies with AO39.1 as the development consists of a mixed-use building format and the proposed
multiple dwelling residential units comply with the Council’s definition of small dwellings. (In relation to
this point it is important to note that the Noosa Plan does not include a definition of mixed-use
development and does not stipulate that it must include a specific proportion of different uses).

Given the proposal’s compliance with AO39.1, it is considered that it complies with PO39 and this is
conclusion is consistent with the advice in the Council’s own User Guide for the Noosa Plan which states
on Page 9 that:

           “The Planning Scheme is a performance-based scheme, which means assessable development
           is required to demonstrate how it can achieve the specified performance outcomes. The
           performance outcomes are considered to be the qualitative outcome that must be achieved
           whilst the acceptable outcomes are prescriptive, measurable criteria for development and
           represent the preferred way of achieving the performance outcomes”.

This advice confirms that as the proposal complies with the prescriptive, measurable criteria set out in
AO39.1, it also complies with PO39. On this basis, it is considered that any perceived conflict with PO39
is unfounded and is not a valid reason for seeking amendments to the current mix of uses within the
proposal.

Irrespective of the above, it is considered that the proposal does also comply with PO39 for the reasons
outlined below.

The first section of PO39 reads as follows:

            “Where residential development is proposed it is provided for in a mixed use building with
           small dwellings, where such activities are ancillary to and support the predominant business
           functions of the zone”.

The proposal clearly comprises a mixed use building with commercial uses at ground floor level with
residential units above so the first requirement of PO39 is satisfied. As all the proposed residential units
also comply with the Council’s definition of a small dwelling, the second requirement of this element of
PO39 is also satisfied.

The Council’s concerns appear to relate to the second element of PO39 which in summary, requires that
where residential development is proposed it should be “ancillary to and support the predominant
business function of the zone”. From the applicant’s perspective, it is critical to note that this element
of the PO refers to the “zone” as a whole and does not require that each development within the District
Centre zone must comprise predominately of business uses. On this basis, compliance of the proposed