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MCU15/0095 & REC15/0022 PM Submission Object - Various - Petition Kelly Gerber
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Given that the immediate land uses adjoining the site are for Community Use the
proposed service station development is not compatible with the surrounding
land use. For example, the proposed service station will provide constant
temptation for children to purchase fast foods and drinks (and other
inappropriate items) from the nearby shop.
The proposed development would only be considered compatible if it was
located across either the Eumundi Noosa Road or Walter Hay drive, from the
subject site, where the development is of a predominately industrial nature.
Noosa Plan- Zone Map 8 (Figure 1) clearly illustrates that the current zoning of
the site as Industry (purple) is mismatched with the zoning of the land which
immediately surrounds it, being community land uses (yellow). Accordingly, the
proposed service station does not represent a logical or sensible form of
development over the subject premises.
Figurel: NoosaPlan- Zone Map 8 (Source:NoosaCouncil)
e) Other planning grounds
94. Further guidance as to what the SPA envisages by way of "grounds" is contained in
"Statutory Guideline 05/09" referred to above. It provides non-exhaustive guidance
as to what may be considered in determining whether there are sufficient grounds to
justify a decision that conflicts with a relevant planning instrument. The following
grounds are set out in the guideline:
• Relevant instrument is out af date
Example 2- The planning scheme is due for review and daes not reflect current
planning trends and principles, such as design principles, methods for addressing
climate change ar demographic shifts.
• The relevant instrument is incorrect in terms of its substance or underlying
assumptions for the circumstances of the particular proposal.
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