response to further advice request 41 picture point · RAL22/0021

                     ...

           d) may, to the extent the development does not comply with some or
               all of the assessment benchmarks, decide to refuse the application
               only if compliance can not be achieved by imposing development
               conditions.”

 3.   As described in Brisbane City Council v YQ Property Pty Ltd [2020] QCA 253 - “The
      inter-play of sections 45 and 60 thus gives an assessment manager the discretion
      to approve an application notwithstanding inconsistency with the planning
      instrument”.

 4.   The Development Application is subject to assessment against the following codes:

       Noosa Heads local plan code
       High Density zone code
       Reconfiguring a lot code
       Works codes

 5.   Section 5.3.3 of The Noosa Plan provides Code assessable development:

       a) is to be assessed against all the assessment benchmarks identified in the
          assessment benchmarks column;
          …
       c) that complies with the performance or acceptable outcomes complies with the
          purpose and overall outcomes of the code;

 6.   In the case of Fort Street Real Estate Capital Pty Ltd v Redland City Council [2020]
      QPEC 59 the judge notes the appellant is only required to demonstrate compliance
      with the purpose and overall outcomes within the relevant codes. If the development
      application complies with the purpose and overall outcome of a particular code,
      compliance with the performance outcomes and acceptable outcomes need not be
      demonstrated.

Relevant Assessment Benchmarks

 7.   The Noosa Heads Local Area Plan Code includes generic provisions regarding
      built form and specific sites, with no mention of the High-Density Residential Zone
      development. The proposal meets all Performance and Acceptable Outcomes of the
      code.

 8.   The relevant Purpose and Overall Outcome provisions of the High Density
      Residential Zone Code relevant to the application is provided below.

           A. 6.3.3.2 Purpose and overall outcomes - The purpose of the High
              density residential zone is to provide for:

                    a) high density multiple dwellings; and
                    b) community uses, and small-scale services,           facilities   and
                       infrastructure, to support local residents.

           B. The relevant overall outcomes sought for the High-density residential zone
              are as follows:
                        …
              b) The character of high density residential neighbourhoods varies due to
                  factors such as proximity to beaches, the Noosa River, centres,
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