MCU15/0095 & REC15/0022 PM Submission Object - Various - Petition Kelly Gerber

"


                    •     Provision is made for pedestrian and vehicular queues at conflict points
                    •     Development with the potential to generate significant traffic and parking
                          impacts gives appropriate consideration to transport and land use issues


    82,   The above justifies the Noosa Council rejecting the DA on the grounds that it is not
          compatible with traffic objectives contained in the Noosa Plan, Sufficient grounds do
          not exist for the Noosa Council to approve the DA, notwithstanding                 the fact that it fails
          to meet these outcomes, In addition, the adverse traffic impacts generated by the DA
          cannot be acceptably mitigated by the use of conditions,



               v.       NON-COMPLIANCE WITH OTHER RELEVANTLOCALCODES


    83.   In relation to a range of other, applicable codes in the Noosa Plan, it is evident that the
          applicant has failed to address the numerous and significant potential impacts of the
          DA on the adjoining GSLC. The specific areas of non-compliance are set out in the
          table provided at Annexure A.


          C.        SUFFICENTGROUNDS FORCOUNCILTO JUSTIFYREFUSALOF THE APPLCIATION


               Section 326 of the SPA

    84.   Section 326(l)(b)        of the SPA stipulates that a decision to approve a DA must not
          conflict with a relevant instrument,            including a planning scheme, unless 'there are
          sufficient grounds to justify the decision'. Accordingly, if the Noosa Council concludes
          that the DA compiles with the Noosa Plan, it will nonetheless be incumbent on the
          Noosa Council to refuse the DA if there are sufficient grounds to justify the refusal of
          the DA, despite its compliance with the Noosa Plan.


    85.   Section 326(l)(b) of the SPAstates:

                    326 Other decision rules

                    (1) The assessment manager's decision must not conflict with a relevant instrument
                        unless-

                          (b) there are sufficient grounds to justify the decision, despite the canflict;
                          or


    86.   The term "grounds" is defined in Schedule 3 of the SPA to mean matters of public
          interest. It does not include the personal circumstances of the applicant, the owner of
          the land or another interested party.


    87.   "Statutory       Guideline 05/09 - Sufficient grounds for decisions that conflict with a
          relevant        instrument",    made under section 759(l)(a)           of the SPA, states that an
          assessment           manager    may refuse       an application,      even though        the      DroDosed
          development complies with the relevant instruments. if there are sufficient grounds
                                                                                                                  22