planning report pinbarren

5.0 State assessment and other matters

5.1 State interests

5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 State Planning Policy

The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part.

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Nature Based Tourism
(3 x 1-bedroom units) within the Rural zone at 328 Upper Pinbarren Creek Rd, Pinbarren.

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 (Noosa Plan 2006);
           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 against the relevant provisions of the applicable codes and finds the development
meets the relevant Acceptable and Performance Outcomes. The Assessment Manager’s favourable
consideration of the above development application is therefore recommended.




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