MCU STA - 132 Solar Road - Planning Report

7.   Discretionary Matters

As identified within Section 6.3 of this report, the proposed development is prescribed under the
Noosa Plan 2020, Table 5.5.13 – Rural Zone as being subject to Code Assessment. Under s60(2) of
the Planning Act 2016, Council as 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.

The Noosa Plan 2020 prescribes under Part 5.3.3.4 that –

         Code assessable development –

         (a) is to be assessed against all the assessment benchmarks identified in the assessment
         benchmarks column;

         Code assessable development –

         (c) that complies with the performance or acceptable outcomes complies with the purpose
         and overall outcomes of the code;

Tables 3 and 4 of Section 5 of this report provide an assessment of the proposed development
against the relevant assessment benchmarks. As demonstrated, the proposed development
complies with the relevant assessment benchmarks and thus under the s.60(2) of the Planning Act
2016, Council as the Assessment Manager are to approve the application.

Were Council as the Assessment Manager to make the decision to refuse this development
application, this action has the potential to place the community at financial risk regarding the
following matters:

       • Refusing Short-term Accommodation applications in a Rural Zone even though it is a
          consistent use and sufficient grounds for support. Therefore, defending refusal decisions in
          appeal can place pressure on Council’s financial resources and potentially negatively
          impact on the delivery of services to the community.




RG Strategic                    Town Planning Report – Short-term Accommodation                     23