MCU15/0017 - Development Application

Town Planning Report
28 Eenie Creek Road, Noosaville

7 Sufficient Grounds

 

Section 326 of the SPA states that an 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.

As discussed in Chapter 7, the proposal does not comply, and therefore conflicts, with the Noosaville
Locality Code. The extent of the conflict is relatively minor in nature and limited to the consistency of the
proposed land use, namely a veterinary, within Precinct B3 of the Shire Business Centre. Sufficient grounds
exist to justify a decision to approve the proposal, despite this conflict.

The proposed development is to be located within Precinct B3 of the Shire Business Centre, which is
intended to provide “... for showroom and office development’ (Noosaville Locality Code, Overall Outcome Vv,
Paragraph xi, Sub Paragraph B). Whilst it is acknowledged that the proposal does not comprise a showroom
or an office use, as defined by the Noosa Plan, the Proposed veterinary is a use which is compatible and
complimentary to the intended function of, and existing uses within, Precinct B3. This is particularly shown
when the existing uses within this precinct are considered. While the Precinct includes a number of
showroom uses, such as Dick Smith Electronics, Super Cheap Auto and BCF stores, it also contains a
number of complimentary uses including an Australia Post outlet and Godfreys and Beacon lighting stores.
These complimentary uses do not represent showroom or office uses, however act to compliment the
offering of uses within the precinct. The proposed development replaces an existing Cash Convertors store,
which would also represent a complimentary use in the precinct. The proposal therefore does not reduce the
supply of showroom (or office) uses in the precinct.

The proposed veterinary is also directly associated with an adjoining pet store use (which represents a
showroom). It is intended to provide a collocated service to pet owners. This approach increases the
efficiency of land use within the precinct and further demonstrates the complimentary nature of the land use.
The opportunity to collocate the proposed use amongst other uses, including a pet store, demonstrates a
community benefit in minimizing travel and road traffic. This of particular note given the nature of the use,
where use of public and active transport by customers of the proposal is unlikely, given the need to transport
a pet for treatment. The use is therefore similar in nature to the bulky goods retailing intended to primarily
occupy the precinct. The design of the precinct, with highly accessible car parking, therefore suits this land
use, and avoids potential negative impacts of the use, should it be located in a less suitable location.

 

February 2015 Cardno HRP 29