MCU15/0095 & REC15/0022 PM Submission Object - Maree Burgess

             neighbourhood'       consisting of Community Services, Housing and Open-space Recreations Zones,
             and is NOT appropriate        given the existing and likely future traffic movements                  in the area.'


     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     DOES NOT COMPLY, or fails to provide creditable supporting                        evidence to
             substantiate     claims of compliance, with over thirty (30) aspects of relevant planning instruments.


1. INCONSISTENT US_E..;

A shop is identified         as an inconsistent     use within the Industry Zone, being a Retail Business Type 2, and
the Application         must be rejected       on those grounds.         Under the Sustainable               Planning Act 2009 The
assessment manager'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 SPA sets out sufficient              grounds for departing             from a relevant instrument.              The
SPA provides that an assessment manager 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 SPA to mean matters of public interest.                       Apart from
defining the term grounds, the SPA does 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 classes of 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



3 Noosa Plan, Part 14 -       Assessment Criteria for Development for a Stated Purpose or of a Stated Type - For Service
   Stations - Siting
, ibid



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