2023-03-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 MARCH 2023


3.        ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
         State Planning Policy;
         South East Queensland Regional Plan;
         Planning Regulation 2017; and
         Noosa Plan 2020.
3.2. Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
         Rural Zone Code;
         Visitor Accommodation Use Code;
         All Works Codes;
The subject site is located in the Cooroy area and is zoned Rural. The proposed use is identified
as a consistent use within the zone and is required to follow a code assessable application process.
The Planning Act 2016 details that in deciding development applications that are properly made
and involve code assessment, the assessment manager:
          (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;
          (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 can not be achieved by
          imposing development conditions.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below:
Rural Zone Code and Visitor Accommodation Code
The Noosa Plan 2020 details that the purpose of the Rural Zone Code is to:
6.8.3.2 (1)
     a) provide for rural uses and activities; and
     b) provide for other uses and activities that are compatible with:
               i.    existing and future rural uses and activities; and
              ii.    the character and environmental features of the zone; and
     c) maintain the capacity of land for rural uses and activities by protecting and managing
        significant natural resources and processes
The Overall Outcomes include several outcomes relating to accommodation including:
6.8.3.2 (2)
     h) The establishment of outdoor recreation and small-scale tourism facilities in suitable
        locations is facilitated in a manner that does not significantly compromise the rural
        productivity or ecological values of the land.
     i)    Visitor accommodation complements rural uses and promotes the sustainable use of rural
           land.

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