MCU15/0095 & REC15/0022 PM Submission Object - Nadine Love

    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.

    5. 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 USE:
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 stationlretail 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 mailer 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 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



                                                                                                 2