PLANNING REPORT 25 Pavillion 1 into 10

The watercourse mapped by the Biodiversity Overlay is not mapped by the State as a watercourse
and a field survey indicate it is a swale drain, which is consistently mowed with no defined banks
and leads to a formed dam and surrounded mostly by non-native species. The vegetation to be
removed has been addressed in the submitted Ecological Assessment.

Although the site is within a Koala Priority Area, the proposal does not remove any Koala habitat and
complies with Schedule 11, Part 2 of the Planning Regulation 2017. Not only does the revegetation
of the riparian buffer provide water quality and bank stability, it provides additional Koala habitat and
corridor which vastly improves the current ‘pasture’ situation. The vegetation protection covenant
more than offsets any removal of native species within the urban development site to the east.

The new road intersection with Pavilion Street meets all the relevant standards and policies and has
been designed by an RPEQ. Notably, sightlines can be achieved without the need for a truncation
of the northern lot.

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.

       Example of a development condition—
                          a development condition that affects the way the development is carried out, or the management of uses
                          or works that are the natural and ordinary consequence of the development, but does not have the effect
                          of changing the type of development applied for



The assessment finds the development generally 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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