Planning report BDH

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Food & Drink Outlet,
Shop and Office at 41 Sunshine Beach Rd, Noosa Heads. The proposal is Code assessable
development under The Noosa Plan.

The assessment finds the proposal respects the existing development approval and generally meets
the relevant statutory instruments including The Noosa Plan, subject to the following reasons:

   •   The development is of a high design quality, incorporating low rise contemporary sub-
       tropical building and landscape design that emphasises the casual, outdoor lifestyle
       reinforcing the Major Activity Centre of Noosa Junction; and

   •   The proposal is well designed reflecting a subtropical; 'Noosa' style with emphasis on indoor
       and outdoor connections, variety in façade treatment through articulation and materials,
       creation of shade on public spaces and landscaping around sites and on buildings.

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 Outcomes of the applicable
codes. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.




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