MCU15/0017 - Development Application

Town Planning Report
28 Eenie Creek Road, Noosaville

(a) the common material;

(b) any development approval for, and any lawful use of, premises the
subject of the application or adjacent premises;

(c) any referral agency's response for the application.

According to Section 326 of the SPA (‘other decision rules’):

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

(a) _ the conflict is necessary to ensure the decision complies with a State
planning regulatory provision; or

(b) there are sufficient grounds to justify the decision, despite the conflict; or
(c) _ the conflict arises because of a conflict between—

(i) 2 or more relevant instruments of the same type, and the decision
best achieves the purposes of the instruments; or

(ii) 2 or more aspects of any 1 relevant instrument, and the decision
best achieves the purposes of the instrument.”

At the time of the lodgement of the development application, the common material comprises the application
material only. The application material includes an assessment of the proposed development against the
relevant planning documents and the assessment criteria of the SPA. However, information arising from the
subsequent Information and Referral Stage will also form part of the common material to be assessed by
Council.

5.2.2 Referral

The proposed development requires referral to Energex as an advice agency for electricity easement
matters pursuant to Schedule 7, Table 3, Item 7.

§.2.3 Public Notification

The development application is subject to impact assessment and therefore, in accordance with section 295
of the SPA, public notification is applicable. In accordance with section 298 of the SPA, a notification period
of 15 business days is required.

5.2.4 State Planning Regulatory Provisions

Section 314(2)(a) of the SPA requires an assessment manager to assess an application against a State
Planning Regulatory Provision to the extent the State Planning Regulatory Provision is relevant to the
development. The table below outlines the State Planning Regulatory Provisions current at the time of
lodgement and their applicability to the assessment of the development application.

   
 

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South East Queensland Regional Plan 2009-2031 State Planning

A bl
Regulatory Provisions May 2014 ppilcable
Guragunbah State Planning Regulatory Provision September 2013 Not Applicable
South East Queensland Koala Conservation State Planning Regulatory May 2010 Not Applicable
Provisions

State Planning Regulatory Provisions (Adult stores) July 2010 Not Applicable
Off-road motorcycling facility on State-owned land at Wyaralong October 2010 Not Applicable

 

February 2015 Cardno HRP 15