MCU15/0017 - Development Application

Town Planning Report
28 Eenie Creek Road, Noosaville

G) a Minor Recreation/Minor Mixed Use/Open Space Precinct (REC/MU), developed
for the purposes of a minor recreation use or minor mixed-use development.”

RESPONSE

The proposal provides a service to the Shire and is located within an existing tenancy of an existing centre,
thus avoiding any impact on the amenity of users of other premises, the natural environment or the
established character and form of Noosaville or the centre. The development will provide employment
Opportunities and is well located to take advantage of the existing road and public transport network which
services the site and existing car parking facilities. The proposal will not affect the function, safety and visual
amenity of the external road network. The proposal is compatible with the function of the Shire Business
Centre, being a use commonly located in centres such as this, and does not affect the ability of the Shire
Business Centre to develop as a multi-function employment node or to respond to employment opportunities
in the future. The proposed development does not prevent Precinct B3 of the centre to continue to provide
primarily showroom and office uses.

6.6 Compliance with Applicable Codes
The proposed development generally complies with the applicable provisions of the relevant codes.

With respect to demonstrating compliance with the applicable codes, the Noosa Plan states at Part 2,
Section 2.8.2 that:

“Probable solutions identified in the Noosa Plan are not exhaustive and alternative solutions that
achieve the outcomes and purpose of the applicable codes may be proposed by applicants.”

Where non-compliance with a probable solution exists (or a probable solution is not prescribed), an
alternative solution has been offered to achieve compliance with the corresponding specific outcomes and
consequently the purpose of the codes.

6.6.1 Noosaville Locality Code

The proposed development achieves compliance, or can comply, with most of the applicable provisions of
this code. Performance solutions are only proposed where no probable solution is provided. The proposed
development does not achieve compliance with Specific Outcomes O88 and O89, which relate to consistent
and inconsistent uses respectively. As the proposed development does not comply with all Specific
Outcomes, the proposal does not achieve compliance with the Noosaville Locality Code, as discussed in
section 11.7. Sufficient grounds which justify approval of the development despite the conflict are discussed
in Chapter 7 of this report.

6.6.2 Business Uses Code

 

The proposed development achieves compliance, or can comply, with all of the applicable provisions of this
code. Performance solutions are primarily only proposed where no probable solution is provided. This is with
the exception of R1 and R2, which relate to the nature of the use. These performance solutions identify that
the proposed development is compatible with the function of the Shire Business Centre and is a use which is
commonly located in centre of this type.

6.6.3 Biodiversity Overlay Code

A response to the Biodiversity Overlay Code is not explicitly provided in Appendix A — Statement of Code
Compliance as the proposed development does not involve any external works which would cause the
degradation of the site’s environmental values. All existing external elements of the site will remain as part of
the proposed development.

6.6.4 Natural Hazards Overlays Code

The proposed development achieves compliance, or can comply, with all of the applicable provisions of this
code.

 

February 2015 Cardno HRP 27