Planning report Wythes

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Food & Drink Outlet
and Offices at 32 and 34 Maple Street, Cooroy. The proposal is Code assessment development
under the Noosa Plan 2020.

The assessment finds the proposal fully complies with the relevant codes on the following grounds:
• The uses are consistent in the District centre zone;
•   There are only minor built form changes to the facades and as such the building retains its
    heritage character for Cooroy;
•   The proposed additional glazing to Maple Street and change to operable glazing to Wimmers
    Lane enhances the street appeal of the development;
•   The proposal is providing car parking in excess to that required by the Planning Scheme;
•   6 car parking spaces in the road reserve were created as a direct result of service station
    infrastructure required to be removed by the previous development approval over No.34. These
    spaces are considered part of the car parking calculation for the current development as car
    parking such as this is associated with the site.

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 complies with the Outcomes of the applicable codes. The
Assessment Manager’s favourable consideration of the above development application is therefore
recommended.




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