MCU15/0095 & REC15/0022 PM Submission Object - Petition - D Strong (Principal Submitter)

     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 DOESNOT 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 rei evant 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
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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