001A6E4B.001

3. ASSESSMENT
             3.1     Assessment under Superseded Planning Scheme
             The applicant seeks assessment of the proposal against the superseded provisions of the February 2006
             Noosa Plan as amendments to the Noosa Plan adopted March 2008 have detrimentally affected the
             development potential of the site.
             Under Section 5.4.2 of the Integrated Planning Act, an owner of an interest in land is entitled to be paid
             reasonable compensation by a local government if—
                (a) a change reduces the value of the interest; and
                (b) a development application (superseded planning scheme) for a development permit relating to the
                land has been made; and
                 (c) the application is assessed having regard to the planning scheme and planning scheme policies in
                effect when the application was made; and
                 (d) the assessment manager, or, on appeal, the court—
                      (i) refuses the application; or
                      (ii) approves the application in part or subject to conditions or both in part and subject to
                      conditions.
             A change to an interest in land means a change to the planning scheme or any planning scheme policy
             affecting the land. An owner of an interest in land, means the owner at the time a change to the planning
@            scheme is made.
              Under the 2006 Noosa Plan, the site was included in the Detached House zone and was mapped with a
              number of overlay areas including the tandslide hazard area, medium bushfire hazard area and low
                 ee       aL FAs igewpsange  Potential acid sulfate soils area.     Under the provisions of the
               b   phan med, eats            February 2006 Noosa Plan, a detached house was a self assessable
               rie | pen    ig Es,           use and required to comply with the provisions of the Building Works
               i ‘te           | (eileeray | Code.  Standard setbacks for the detached house zone applied to the
               i, 7a R pom | | site and based on the provisions of the 2006 Plan a two storey detached
               Po     OES                 1  house could be constructed with a site cover of 40% with setbacks
                “ ex ‘.   Ka (as          Ja consistent with the Building Code. In this regard the dwelling could be
               :           6 A ET       dd   constructed to within 2.0 metres of the rear seaward boundary.
               SL   TaeNOe
               SP     RR      SESH. 188
               UES
               ws £9 ‘a £6 BAS       : Be    February 2006 Noosa Plan extract

                   .                  _     The Noosa Plan was amended in March 2008 with the zoning remaining
@                i (SX rf         ~~?       the same, however the site was now being included in the Coastal
                 i       8      \           Protection Area of the Natural Resources Overlay.
                   {      Pad om } 3
                 ' Sass SoS                 Under the 2008 Noosa Plan, a detached house is now a code
                KS UK L}         O77        assessable use and required to be assessed under the provisions of the
                t a SL      SS               Natural Resources Overlay. The overlay specifies additional requirements
                    q )      Se          't relating to building design, setbacks and landscaping.  The setback if
               / S   are.                 | applied to the site, seriously impacts on the views, outlook and privacy of
                   LAS cl                |  any potential dwelling to be constructed on the site The overall value of
                  BRR} K— ji} | “|          the site is therefore reduced by
               2) x A        ~~, OF
                Y/     LF FF           i            «4:                ,          .            os
                     SMA  i \\ ay            The building has been reviewed against the provisions of the Natural
                  \3 &.. “=F        7  | -7  Resources Overlay pertinent to the Coastal Protection Precinct.   The
                    ene        ome’   ="     detached house complies with the provisions.   It is noted that the rear
              setbacks as stipulated by the Overlay are not applicable to the site due to the location of the pathway and
              that a private residential property is located between the subject site and the beachfront.
              For comparative purposes the proposal has been reviewed against the provisions of the Overlay in the
              table below. This comparison demonstrates that if the proposal for assessment under the Superseded
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