planning report jenner

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. The application does not trigger assessment against for coastal hazards.



6.0 Conclusion
This application seeks a Development Permit for Material Change of Use (Dual Occupancy) and a
Development Permit for Operational Works (Engineering works and landscaping) situated at 168
Edwards Street, Sunshine Beach. The use is a consistent code assessable development within the
Medium Density Residential Housing Zone. The assessment finds the design meets the relevant
Acceptable and Performance Outcomes and recommends the application be approved with
reasonable and relevant conditions.
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 generally complies with all Acceptable Outcomes of the
applicable codes. The Assessment Manager’s favourable consideration of the above development
application is therefore recommended.
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