Noosa Plan Submission 17 December 2015 - Final submission table

         for refusing the development despite the fact that the decision would conflict with the
         relevant instruments.

88.      The guideline has been prepared under section 759(1)(a) of the SPA which says that
         the Minister may make guidelines about matters to be considered by an assessment
         manager (namely, the Council in this instance) in deciding whether there are sufficient
         grounds to justify a decision that may conflict with a relevant instrument under
         section 326 or 329.


                Matters of public interest

89.      “Matters of public interest” is not defined in the SPA, but case law20 states that it
         should be considered to be a “broad concept”, the meaning of which needs to be
         determined in the context of the SPA.

90.      The purpose of the SPA is expressed in s 3:

                ...to achieve ecological sustainability by –

                (a) managing the process by which development takes place, including ensuring the
                process is accountable, effective and efficient and delivers sustainable outcomes; and

                (b) managing the effects of development on the environment, including managing the
                use of premises; and

                (c) continuing the coordination and integration of planning at the local, regional and
                State levels.


91.      Pursuant to section 8(c) of the SPA, “Ecological sustainability” includes the
         maintenance of the cultural, economic, physical and social wellbeing of people and
         communities. Section 11(c) of the SPA further provides that the cultural, economic,
         physical and social wellbeing of people and communities is maintained if well-serviced
         and healthy communities with affordable, efficient, safe and sustainable development
         are created and maintained.


92.      Clearly, matters of public interest will therefore include matters such as health and
         safety of the community, traffic impact issues and protecting the destruction of local
         amenity.

93.      Below are a number of the major matters of public interest that need to be taken into
         consideration in this matter by the Noosa Council:

                a) Adverse health impact on the community



20
     Wood v Redland City Council [2011] QCA 242 at [21 – 22] and Hogan v Hinch [2011] HCA 4, per French CJ.
                                                                                                              23