planning report Tristania

 materials and the release of these materials     This small quantity of hazardous material will
 as a result of a natural hazard are avoided      not result in any significant risk to public
                                                  safety or to the environment.
 (7) The natural processes and the protective     The proposal is within a site that has           Yes
 function of landforms and the vegetation that    historically been deemed to development.
 can mitigate risks associated with the natural
                                                  It is not proposed to remove any vegetation
 hazard are maintained or enhanced.               within the protected frontal dune system nor
                                                  imposing on the natural protective function on
                                                  which the dune system provides from
                                                  erosion.




6.0 Conclusion
This application seeks a Development Permit for a Development Permit for Material Change of Use
(Coastal Protection) situated at 4 Tristania Dr, Marcus Beach. The proposed development is code
assessable and meets the relevant Performance Outcomes.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

         (a) against the assessment benchmarks in a categorising instrument for the development
             (The Noosa Plan 2020); and

         (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

         (a) must decide to approve the application to the extent the development complies with all of
         the assessment benchmarks for the development; and

         (b) may decide to approve the application even if the development does not comply with
         some of the assessment benchmarks; and

         Examples—
                 1            An assessment manager may approve an application for development that does not comply with some of
                              the benchmarks if the decision resolves a conflict between the benchmarks.

                    2         An assessment manager may approve an application for development that does not comply with some of
                              the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
                              response.


         (c) may impose development conditions on an approval; and

         (d) may, to the extent the development does not comply with some or all the assessment
         benchmarks, decide to refuse the application only if compliance cannot be achieved by
         imposing development conditions.

         Example of a development condition—
                            a development condition that affects the way the development is carried out, or the management of uses
                            or works that are the natural and ordinary consequence of the development, but does not have the effect
                            of changing the type of development applied for


The assessment finds the development generally complies with the Overall Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.




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