MCU15/0095 & REC15/0022 PM Submission Object - Petition - principal submitter - Tracy Stevens

      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 SPAwhich 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 SPAis expressedin s 3:

              ... to ochieve ecologicol sustoinobilitv by-

              (0) 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 l1(c) of the SPAfurther 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




'0 Wood   v Redland City Council [2011] QCA 242 at [21- 22] and Hogan v Hinch [2011] HCA4, per French CJ.
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