planning report 31 Butler St Tewantin

       (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 does not strictly comply with all Acceptable Outcomes of the
applicable codes. However, subject to section 60b) of the Planning Act 2016, this report identifies
the conflicts between the benchmarks and provides the following supporting arguments for the
proposed development, including:


   -   The upgrade to the existing Open Space use (Noosa District Sports Complex) contribute to
       the desired lifestyle of residents and visitors by offering a variety of passive and active
       recreational experiences that are conducive to community interaction and wellbeing;

   -   The height of the structure respects the scale of surrounding vegetation and                                   existing
       structures will not visually dominate the street, surrounding spaces or skyline;

   -   The increased use of the recreation facilities will not have a significant adverse impact on the
       amenity of enjoyed by users of adjoining or nearby properties in regard to noise or light
       emissions;

   -   The development does not include spill light which gives rise to annoyance, discomfort,
       distraction or a reduction in the ability to see essential information; and

   -   Conditions are recommended to ensure the obtrusiveness of lighting is minimised without
       unduly limiting the use, enjoyment or safety of outdoor recreation facilities;

The Assessment Manager’s favourable consideration of the above development application is
therefore recommended. Please contact me if you require any further information and/or clarification
with respect to the above application.




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