Planning Report

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8.3.2   EXTENT OF CONFLICT WITH THE NOOSA PLAN

This proposal is in conflict with The Noosa Plan the extent of this conflict relates to
the zoning of the subject property for Community Services of which Detached
Housing is not a consistent land use. It also conflicts with the overall outcomes for
the Community Services Zone within the Locality as it does not protect land that has
been committed or planned for community purposes.

However section 326(1)(B) of the SPA states that “the assessment manager’s
decision must not conflict with a relevant instrument unless there are sufficient
grounds to justify the decision despite the conflict”.


8.3.3   JUSTIFICATION UNDER SECTION 326(1)(B) OF THE SUSTAINABLE
        PLANNING ACT 2009

The ‘Statutory Guideline 05/09: Sufficient grounds for decisions that conflict with a
relevant instrument’ is used to consider whether there are sufficient grounds for
departing from a relevant instrument under section 326(1)(B) of the SPA. The
Guideline states that Sufficient Grounds may be provided if the ‘relevant instrument is
out of date due to its age or changing circumstances in the area and the proposal
reflects or responds to these changes circumstances.’

The Noosa Plan included the subject property in the zoning of Community Services.
The overall outcomes sought for the Community Services Zone within Cooroy & Lake
Macdonald Locality are that land:

   •    “is protected and managed to enable the efficient and timely delivery of
        community services; and
   •    is consistent with the indoor recreation, education, health, social and safety
        needs of the local community, including people with special needs, such as
        the elderly, children, low-income earners and disabled persons”

At the time of this decision the subject property was used as a Gravel Reserve for
Public Projects provided by the Department of Transport and Main Road and this
was an appropriate zoning that protected this land use.

The circumstances of the subject site have since changed and the subject property is
no longer used as a gravel reserve. Section 3 of this report details how the quarry
reserve is not operating and the site is used as vacant land.

Given these changes in circumstances it is considered reasonable that the
Community Services zoning is no longer necessitated to protect this land use and
The Noosa Plan is therefore out of date. The proposal is considered to respond to
these changed circumstances by allowing for a new land use to commence on the
site.

With regard to public interest considerations, it is expected that this proposed
development will provide several benefits to the broader community.

By contributing to the housing supply it allows for new housing to be provided to
meet the demographic and economic needs of the community. New workers and
families are able to live in and contribute to the local economy.




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