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

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         for refusing the development despite the fact that the decision would conflict with the
         relevant instruments.


88.      The guideline has been prepared under section 759(1)(a) of the SPA which says that
         the Minister may make guidelines about matters to be considered by an assessment
         manager (namely, the Council in this instance) in deciding whether there are sufficient
         grounds to justify a decision that may conflict with a relevant instrument                     under
         section 326 or 329.



                Matters of public interest

89.      "Matters of public interest" is not defined in the 5PA, but case law20 states that it
         should be considered to be a "broad concept", the meaning of which needs to be
         determined in the context of the SPA.


90.      The purpose of the SPAis expressed in s 3:

                ... to ochieve ecologicol sustoinobility by-

                (a) managing the process by which development takes place, including ensuring the
                process is accountable, effective and efficient and delivers sustainable outcomes; and

                (b) managing the effects of development an the environment, including managing the
                use of premises; and

                (c) continuing the coordination and integration of planning at the lacol, regional and
                State levels.


91.      Pursuant     to   section   8(c) of    the    SPA, "Ecological      sustainability"   includes       the
         maintenance of the cultural, economic, physical and social wellbeing of people and
         communities. Section l1(c) of the SPA further provides that the cultural, economic,
         physical and social wellbeing of people and communities is maintained if well-serviced
         and healthy communities with affordable, efficient, safe and sustainable development
         are created and maintained.



92.      Clearly, matters of public interest will therefore          include matters such as health and
         safety of the community, traffic impact issues and protecting the destruction of local
         amenity.


93.      Below are a number of the major matters of public interest that need to be taken into
         consideration in this matter by the Noosa Council:


                a)   Adverse health impact on the community




20   Wood v Redlond City Council (2011) QCA 242 at [21-   22) and Hogan v Hinch [2011} HCA 4, per French O.
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