planning report 13.03 · MCU20/0020

5.0 State interests
5.1.1 Matters established in the Planning Regulation

There are no relevant matters applicable to the application.

5.1.2 State Planning Policy

The proposal is generally compliant with the SPP assessment benchmarks.

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for an Open Space Type
1 (Lights). The proposal is code assessable development under The Noosa Plan. 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); 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 does not strictly comply with all Acceptable Outcomes of the
applicable codes. However, subject to section 60b) of the Planning Act 2016, this report identifies
the conflicts between the benchmarks and provides the following supporting arguments for the
proposed development, including:




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