Attachment 3 - P and E Law Advice

                                                                                                 16 November 2020


        2.8 Probable solutions for code assessable development

        2.8.1 A probable solution for a specific outcome provides a guide for achieving that outcome in whole
        or in part, and does not limit the assessment manager’s discretion under the IPA 4 to impose conditions
        on a development approval.

        2.8.2 Probable solutions identified in the Noosa Plan are not exhaustive and alternative solutions that
        achieve the outcomes and purpose of the applicable codes may be proposed by applicants.

In respect of code assessable development, the Planning Scheme says, at 2.6.4:

        (d) Code assessable development:
                   i. is to be assessed against all the assessment benchmarks identified in the assessment
                   benchmarks column;
                   …
                   iii. that complies with:
                            a. the overall outcomes of the code complies with the code; and
                            b. the probable solutions complies with the overall and specific outcomes of the code;
                   iv. is to be assessed against any assessment benchmarks for the development identified in
                   section 26 of the Planning Regulation 2017.

It is therefore clear that it is not strictly necessary to comply with the 1000 m² minimum lot size called
up by Probable Solution 1.1 and Specific Outcome O1(a). What is important, according to section 2.8.2
and 2.6.4(iii)(a), is achieving the outcomes and purpose of the applicable codes.

In that regard we note the following provisions which are also relevant to an assessment of the
appropriateness of the lot size and layout.

Reconfiguring a Lot Code, Specific Outcome O1 also refers to “lots having the appropriate area and
dimensions to provide for”, relevantly:

    1. the intended use;1
    2. a specified house site area;2
    3. siting and construction of buildings to minimise risk of soil erosion, landslide, flooding and
       bushfire;3
    4. retention of natural environmental values, including native vegetation;4
    5. on sloping sites (which this is not) - minimisation of earthworks or retaining walls.5

Relevant Overall Outcomes for the Reconfiguring a Lot Code are:

    a) lot sizes and dimensions that are appropriate for their intended use;




1
  subparagraph a
2
  subparagraph b
3
  subparagraph d
4
  subparagraph f
5
  subparagraph h

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