2014-12-09 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                               9 DECEMBER 2014


3.2. State and Other Statutory Instruments
State Planning Policies

The application is consistent with the interim development assessment requirements of the State
Planning Policy 2014.
South East Queensland Regional Plan
The site is located within the Regional Landscape & Rural Production Area of the South East
Queensland Regional Plan. The proposal is for an urban activity having a gross floor area
greater than 750m2 and in accordance with Division 2 of the regulatory provisions requires State
referral. In its concurrence agency response for MCU13/0171 the Department of State
Development, Infrastructure and Planning advised:

     The proposal has been assessed against the relevant criteria in Table 2E of the SEQ
     SPRP. The proposal is deemed to have locational requirements that necessitate its
     location outside of the urban footprint, and that there is an overriding need for the
     development in the public interest.

The current application was referred to the State Assessment and Referral Agency for
assessment against the same criteria and the Agency advised it has no requirements. The
grounds previously cited by the Department reflect the assessment criteria of the SEQ Regional
Plan regulatory provisions and thus the development has been deemed to comply.
3.3. Statutory Instruments – The Noosa Plan
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Rural under
The Noosa Plan. The proposed Industrial Business - Type 2 “Production, alteration, repackaging
& repairing” use is an inconsistent use in the Rural zone and subject to an impact assessable
application process. It therefore raises conflicts with the planning scheme provisions for the zone.

Grounds to Overcome Conflict with The Noosa Plan
Section 326 of the Sustainable Planning Act 2009 (SPA) requires that there must be sufficient
grounds to approve a development where it is in conflict with the planning scheme. The existing
soft drink factory approval for the site found the following grounds to support that application:
   The development allows the re-use of the existing industrial building on the site and
     improved built form, landscaping and environmental outcomes on the site;
   The site has existing use rights for a major industrial use (brickworks), which is also
     categorised as an Industrial Use Type 2 under The Noosa Plan, and the proposal is of
     substantially lesser intensity; and
   The site is not suitable for rural purposes, given its historic use and developed character.

It is considered that these grounds continue to apply to the current application to amend and
expand the development.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
   Cooroy & Lake Macdonald Locality Code
   Business Uses Code
   Landscaping Code and
   Engineering Works Codes.



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