Planning report Stockwell - Pilates

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part (not applicable to this application).

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Indoor Sport &
Recreation (Pilates Studio) within an existing showroom tenancy at 28 Eenie Creek Rd, Noosaville
(Noosa Civic). The proposal is Code assessable development under The Noosa Plan.

The assessment finds the proposal respects the existing development approval and generally meets
the relevant statutory instruments including The Noosa Plan. The Showroom precinct specifically
accommodates limited additional showroom retailing in a larger format space for the centre and other
compatible uses such as hardware and recreation. The proposed recreation use is adjacent to the
existing F45 gym and is an appropriate use for the existing tenancy.

The Planning Act 2016 prescribes that a code assessment must be carried out only—

        (a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan
            2020); and

        (b) having regard to any matters prescribed by regulation.

Council, after carrying out the assessment—

        (a) must decide to approve the application to the extent the development complies with all of the assessment
        benchmarks for the development; and

        (b) may decide to approve the application even if the development does not comply with some of the
        assessment benchmarks; and

        Examples—
               1          An assessment manager may approve an application for development that does not comply
                          with some of the benchmarks if the decision resolves a conflict between the benchmarks.

                 2        An assessment manager may approve an application for development that does not comply
                          with some of the benchmarks if the decision resolves a conflict between the benchmarks and
                          a referral agency’s response.

        (c) may impose development conditions on an approval; and

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

The assessment finds the development complies with all Acceptable and Performance Outcomes of
the applicable codes. The Assessment Manager’s favourable consideration of the above
development application is therefore recommended.



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