MCU15/0095 & REC15/0022 PM Submission Object - Petition

    4. There are no matters of public interest to bear in relation to the proposed Development that
        are grounds to accept the non-complying Application under s326 of the Sustainable Planning
        Act (2009) (SPA),and indeed the Development is detrimental to the public interest.


    S. The Application DOESNOTCOMPLY,or fails to provide creditable supporting evidence to
        substantiate claims of compliance, with over thirty (30) aspectsof relevant planning instruments.


1. INCONSISTENT
              USE:
A shop Is identified as an inconsistent use within the Industry Zone, being a Retail BusinessType 2, and
the Application must be rejected on those grounds. Under the Sustainable Planning Act 2009 The
assessmentmanager's decision must not conflict with a relevant instrument, unless there are there are
sufficient favourable public interest grounds to justify the decision, despite the conflict.


Section 326(1)(b) of the SPAsets out sufficient grounds for departing from a relevant instrument. The
SPAprovides that an assessmentmanager may decide a development application in a way that conflicts
with a relevant instrument only in certain circumstances, the relevant of which here is where there are
sufficient grounds to justify the decision, despite the conflict. This means that an assessment manager
may approve an application, even though the proposed development conflicts with a relevant
instrument, only if there are sufficient grounds for approving the development despite the conflict.


Conflict means to be "at variance or disagree with" and must be plainly identified. In the current
circumstances the proposed Development is in direct conflict with the planning scheme, being an
inconsistent use for the Industry zone. The planning scheme does not provide for a co-located service
station/retail convenience shop in the Industry zone.


The term 'grounds', in the context, is defined in the SPAto mean matters of public Interest. Apart from
defining the term grounds, the SPAdoes not provide any guidance about what grounds are sufficient for
justifying a decision that may conflict with a relevant instrument. The matters 'public interest', derive
from the subject matter being considered which includes the community need, wellbeing, protection,
health and safety of the community or affected classesof persons. In determining whether a conflicting
Development should be Approved he Assessment Manager may also consider negative impact on
matters of public interest.


The Development does not meet a substantiated community need
A development may be said to be needed if, on balance, it improves community wellbeing. Wellbeing
may be improved by access to new services or facilities or a range of other ways. However,       any new
uses must be compatible with surrounding uses in terms of amenity, the environment and economics.
As is demonstrated through this document the proposed Development does not improve community
wellbeing. It is not compatible with surrounding uses in terms of amenity, the environment or
economics.


There is no economic need for a convenience shop or indeed for a service station in the location. The
area is well serviced given the proximity to Noosa Civic and other adjoining retail facilities. The recent
approval of a convenience shop and service station nearby at 139 Eumundi-Noosa Road provides for an




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