DUPLICATE PM Submission Object - Peregian Beach Community Association - MCU16/0153 & REC16/0041

                     3
                          The DA acknowledges the significant areas where the proposal is in
                          conflict with the Noosa Plan 2006.

                          Any departure from the planning scheme must be justified by the applicant
                          demonstrating to Council that there are sufficient grounds for that
                          departure.

                          The Sustainable Planning Act (SPA) requires that Council’s decision on an
                          impact assessable application must not “conflict with [the planning
                          scheme], unless … there are sufficient grounds to justify the decision,
                          despite the conflict.”2 “Grounds” are defined as “matters of public interest”
                          but do not include “the personal circumstances of an applicant, owner or
                          interested party.”3

                          The DA does not provide sufficient grounds in the public interest to
                          warrant overturning the Noosa Plan. Council should refuse the
                          application.

                          For all of the above reasons, PBCAI urges Council to uphold the Noosa
                          Plan and refuse this DA and the application to reconfigure the 1 lot into 29
                          lots.

                          Yours sincerely



                          Barry Cotterell
                          Acting President, PBCAI




                     2 Sustainable Planning Act 2009 (SPA), s326 (1) (b).
                     3 SPA Schedule 3, Dictionary.




Document Set ID: 20308026
Version: 1, Version Date: 26/04/2017