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planning report 7 Woodland · MCU23/0008

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         Development Application Planning Report

Material Change of Use for Caretaker’s accommodation, Office and Health
                               care service
             situated at 7 Woodland Drive, Peregian Beach
                         (Lot 1153 on SP300041).




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Full text of the other 16 pages

Page 2

Contents
Development Application Planning Report ....................................................................................... 1
1.0      Summary ............................................................................................................................... 3
   1.1       Development application details .................................................................................................... 3
   1.2       Planning instrument details ............................................................................................................ 3
   1.3       Referral agencies ............................................................................................................................ 4
2.0      Site details ............................................................................................................................. 5
   2.1       Site description .............................................................................................................................. 5
   2.2       Surrounding land uses .................................................................................................................... 6
3.0      Proposed development details............................................................................................... 7
4.0      Pre-lodgement meeting ....................................................................................................... 10
5.0      Planning assessment............................................................................................................ 11
5.1      Technical Compliance .......................................................................................................... 11
5.1.1        Land use ........................................................................................................................... 12
5.1.2         Caretaker’s accommodation ............................................................................................ 12
5.1.3         Building Design ................................................................................................................ 12
5.1.4         Setback............................................................................................................................ 13
5.1.5 Carparking ............................................................................................................................. 14
5.1.6 Sustainable Building Design Code .......................................................................................... 16
5.1.7 Works Codes. ........................................................................................................................ 16
6.0      State assessment and other matters .................................................................................... 17
6.1      State interests ..................................................................................................................... 17
      Matters established in the Planning Regulation ........................................................................................... 17
      State Planning Policy ..................................................................................................................................... 17
7.0      Conclusion ........................................................................................................................... 17




Client Name: Capital Prudential Pty Ltd
Prepared by:          Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO MPIA MQELA
Version:              1
Date:                 13 January 2023


This report is based on the QLD Government’s planning report template (Department of Infrastructure, Local Government and Planning),
which adopts a ‘report-by-exception’ approach. The planning report only discusses the key issues and matters where a proposed
development does not exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.


Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd accepts no responsibility for decisions or
actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. To the best of our
knowledge, the content was correct at the time of publishing.


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Page 3

1.0 Summary

1.1          Development application details

Proposed development:          -   Caretaker’s accommodation;
                               -   Office (not a post office, bank or real estate agency); and
                               -   Health care service
                         The Office and Health care service is proposed across all 7 tenancies to
                         allow for interchangeable use.
Type of approval         Development Permit for Material Change of Use
sought:
Site address:            7 Woodland Drive, Peregian Beach
Real property            Lot 1153 SP300041
description:
Site area:               709m2
Assessment manager:      Noosa Council
Cultural Heritage and    Kabi Kabi First Nation Traditional Owners Native Title Claim Group
Native Title:            - There are no Aboriginal or Torres Strait Islander cultural heritage
                         sites identified on the DATSIP database pertaining to this location.
Owner details:           ANISEED PLACE PTY LTD (TTE)
Applicant details:       Capital Prudential c/- Pivotal Perspective Pty Ltd



1.2          Planning instrument details

State planning policy:   State Planning Policy 2017
Regional plan:           SEQ Regional Plan 2009–2031 (version commenced 2 May 2014),
Designation:             urban footprint designation.
Planning scheme:         The Noosa Plan 2020
Zone:                    Innovation zone
Level of assessment:     Code
Applicable overlays:     Nil
                         * Noting that the land is within Area 2 of the Acid Sulfate Soils Overlay, however, the
                         development will not meet the excavation or fill ceilings to trigger assessment against the
                         overlay code.

Applicable codes:        Coastal Communities Local Plan Code
                         Innovation Zone Code
                         Caretaker’s Accommodation, Dwelling unit, and Rural worker’s
                         Accommodation Code
                         Business Activities Code
                         Community Activities Code
                         Works codes




                                                                                                       Page 3 of

Page 4

1.3            Referral agencies

The application requires referral to the State Assessment and Referral Agency (SARA) under the
Planning Regulation 2017, Schedule 10, Part 4, Division 3, Table 1 - contaminated land because of
unexploded ordnance (UXO).
The application is required to be referred to SARA as the land is mapped as having substantial potential
for UXO. See Figure 1 below.




Figure 1 - State mapping – substantial UXO potential




                                                                                          Page 4 of

Page 5

 2.0 Site details

  2.1           Site description
Table 1: Site description
 Site                                                           Description
 characteristic

 Existing land use             Vacant with a portion of concrete driveway from neighbouring property and
                               concrete slab.

 Frontage and                  Approximately 6.7m to Woodland Drive and 45m to Rufous Street.
 access                        24m frontage to Council’s recreation and open space adjacent to the Peregian
                               community house and the Digital Hub.
                               Currently access is gained from the neighbouring property as the site
                               previously had the same owner.

 Topography and                Generally level with a slight fall to the open space boundary to the south side
 views                         of the land.

 Existing vegetation           1 small weed species shrub.




Figure 2 - Aerial view and site identification




                                                                                                 Page 5 of

Page 6

Figure 3 - Street view from Rufous Street



2.2            Surrounding land uses
Table 2: Surrounding land uses
 Surrounding land uses

   North       Across Woodland Drive are dwelling houses typical of a low density coastal
               residential area.

   South       Large open space and recreation area associated with the Digital Hub and
               Peregian Community House, community garden, tennis courts and kindergarten

    East       Former Telstra building and the Digital Hub including the former community
               house.

   West        Dwelling houses, open space and community garden.




Figure 4 - Zone map




                                                                                            Page 6 of

Page 7

3.0      Proposed development details
Table 3: Summary of development aspects
 Material change of use

 Building height                    8m

 Plot ratio                         0.68:1
 Gross floor area (GFA)             488m²
                                    (Caretaker’s accommodation – 56m²)
                                    (Office and Healthcare service – 432m²)

 Site coverage                      Scale is compatible with surrounding development.

 Car parking                        17 spaces including 1 PWD space; and
                                    4 motorcycle space; and
                                    10 bicycle spaces

 Site access                        Rufous St

 Landscaping                        167m² (150m² soft and 17m² hard)
                                    23.5% of the site



The application proposes a mixed-use development consisting of a caretaker’s accommodation, offices
and healthcare service. The ground floor provides car parking, PWD and 2 x office/healthcare tenancies,
waste storage and mechanical plant and equipment. The upper floor includes the lobby space and shared
PWD, the Caretaker’s accommodation and 5 tenancies. The development offers the following key features:
      Highly articulated domestic scale development;
      Noosa look and light weight feel;
      Permeable ground floor;
      Light weight footprint;
      Interesting roof form;
      Vertical and horizontal elements;
      An extensive range of materials including:
              o   Colorbond roof;
              o   Territory teak vertical wall cladding;
              o   Black aluminium windows and doors frames;
              o   Off form concrete;
              o   Stipple coat render; and
              o   timber look vertical battening;




                                                                                           Page 7 of 17

Page 8

        Exposed rafter tails;
        Domestic style presentation to Woodland Drive and Rufous Street;
        Climate aware design
        Overlooking and surveillance of the neighbouring open space from the Caretaker’s;
        Colour palette that blends with the natural environment;
        Substantial landscaping equating to double that required by the Planning Scheme;
        Landscaping to the full perimeter of the site excluding the driveway and 2 pedestrian
         entry/exit points;
        Integrated carparking consisting of
              o    17 car spaces;
              o    4 motorcycle space;
              o    10 bicycle spaces; and
              o    Includes 7 x car stackers.
A copy of the proposed floor plans, roof plan and 3D perspectives are included below.




Figure 5 - Ground Floor




                                                                                        Page 8 of 17

Page 9

PIVOTAL

 

     
  
     
 
   
   
   
 
     
 

Fitout By Others
A508 m?

  

UNIT?
Fiout By Others
A:S3.3.m?

UNIT 4
Frou By Others
A769 mm?

  
     

   

TOTAL INTERNAL GFA ?
UNIT6 A 3743 mi/
/

Fitout By Others
AS741 e

    

 

 

 

 

Figure 7 - View from Woodland Drive

Page 9 of 17

Page 10

4.0       Pre-lodgement meeting
A pre-lodgement meeting was undertaken on 14 July 2022. Council raised some concerns of which
most have been taken onboard and the development plans amended. A detailed assessment is
provided in section 5 of this report, but briefly the following is offered in relation to the matters raised.


Use – The Office use will be in accordance with the Planning Scheme and will not include a post
office, bank or real estate office and at least one of the tenancies leased in accordance with the
priority sectors. A Healthcare service is included which is a code assessment consistent use in the
Innovation zone.


Caretaker’s accommodation (caretakers) – The caretaker’s accommodation is a code assessable
consistent use and proposed to be 56m² GFA, less than the 65m² maximum offered by the Planning
Scheme. The caretaker will provide 24 hour security of the premises. It is noted the Planning Scheme
does not regulate whether a caretakers is part of a non-residential tenancy, only that it is directly
associated with and subordinate to a non-residential use onsite, as is proposed. In fact, it is better
that it is not, then the whole premises is provided with security rather than one tenancy.


Setbacks – Although the setbacks do not comply with the Acceptable outcome, they meet the
associated Performance outcome. Landscaping is proposed to the whole perimeter (excluding
driveway and footpath) which will enrich the architecturally designed building.


Built form – The design incorporates elements correlating with Noosa’s built form look and feel
including eaves, exposed rafter tails and curved vertical battening – These are all elements
contributing to the high quality built form and coastal feel. Concerns were raised at the pre-lodgement
meeting regarding a commercial presentation to Woodland Dr- This has been addressed with a more
domestic presentation to Woodland Dr with the roof form, slim line eaves and battening retaining a
commercial robustness, yet retains a domestic feel.


Car parking – The development has redesigned parking since the meeting with car stackers
incorporated, as a basement is impracticable to be built on the site) and the accompanying traffic
report demonstrates compliance with the corresponding Performance Outcomes. The applicant
seeks to negotiate with Council for a contribution in lieu for some parking spaces. A detailed
assessment is provided of the Contributions in lieu Policy to demonstrate that contributions are
acceptable in this location for the development.


Plot ratio – The plot ratio has been reduced to 0.63:1 less than the maximum of 0.8:1 for the zone.


Building height - 8m above the NGL.
Easements – Easement terms are complied with.
Access – A traffic impact statement prepared by an RPEQ is provided demonstrating safe entry and
exit from the site to Rufous Street.
Stormwater – A preliminary SWMP prepared by an RPEQ is provided demonstrating stormwater
can be controlled and discharged lawfully in accordance with relevant standards and policies.




                                                                                                Page 10 of 17

Page 11

5.0 Planning assessment

5.1        Technical Compliance
The proposal meets the relevant key technical provisions of the Codes, as described below, with
further discussion provided against the relevant Performance Outcomes thereafter.
  Criteria            The Noosa Plan 2020                       Proposal                       Compliance
  Site Details                                        7 Woodland Drive – 709m2
  Height              8m and 2 storeys                     8m and 2 storeys                              Y
  Site Cover          Compatible     with      surrounding Compatible     with surrounding               Y
                      development                          development

  Plot ratio          0.8:1                                     0.68:1                                   Y
  GFA                 567m²                                     488m²
                                                                (432m² office/health care &
                                                                56m² Caretakers)
  Setbacks            Frontage
                      - Woodland Dr (6m)                        2.4m – 3.5m                             PO
                       - Rufous St (6m)                         0.54m – 3m                              PO

                       Side
                      - South (3m)                              1.3m – 1.8m                             PO
                      - East (3m)                               1.5m                                    PO
  Wall length         <15m                                      >15 (N.E. elevation)                    PO
                      Articulation of 0.75m                     Articulation of 0.3m
  Landscaping         10% of site (79m²)                        23.5% (167m²)                            Y
                      With 60% of this        to    be   soft
                      landscaping - 47m²                        Soft landscaping - 150m²                 Y


  Parking            Caretakers – 1 car space       17 car spaces;                                      PO
                     Commercial (1/20m²) – 21.6 car
                     spaces

                     Motorcycle (388m² use area 1/100m²)                                                 Y
                                                         4 x motorcycle spaces
                     – 4 spaces (motorcycle spaces maybe
                     provided in lieu of car spaces)                                                     Y

                     Bicycle (1/50m²) – 8.6 bicycle spaces 10 bicycle spaces                             Y
  Earthworks          Cut or fill less than 1.5m           <1.5m                                         Y
  Waste Storage       Screened waste areas and located Bin storage near garages of each                  Y
                      for transport to kerb with grade of unit and screened from the street
                      <1:15
 Caretaker’s          65m²                                 56m²                                          Y
 accommodation
 Private         Open POS (15m2)                                14m
                                                                    2
                                                                                                        PO
 Space                Horizonal dimension of 2.5m               Horizontal dimension - 3.5m              Y




                                                                                              Page 11 of 17

Page 12

5.1.1 Land use
The Innovation Zone Code PO1, AO1 seek that development offers at least one innovative, creative
or knowledge-based activity. Discussions are underway with potential tenants, however, no specific
tenant/s are identified for the development. A range of tenancies are offered and are of a shape and
size which afford these uses to operate.


The owner will curate the development and offer space to tenants undertaking the outlined activities
and will ensure at least one tenancy is one or more of these sectors. Noting that no post office, bank
or realestate agent will be offered space. It is considered, if necessary, Council can condition the
approval to provide certainty that at least one tenant is in a priority sector outlined in the code.


PO3 contradicts the Table of assessment which permits a range of other uses not in the digital
economy. The building design and all tenancies are suitable for a digital economy business.


5.1.2          Caretaker’s accommodation
Acceptable outcome AO2.3 is relevant and is provided for reference:
AO2.3
In the Innovation Zone caretaker's accommodation is:
(a)     directly associated with and subordinate to a non-residential activity on site; and
(b)     not separately let for other accommodation activities.


The Caretakers accommodation will be occupied by a person responsible for the security and
upkeep of the grounds. All commercial development is subject to security issues, and a residential
presence onsite deters unwanted intrusion and graffiti. This site is somewhat isolated adjoining open
space and opposite parkland across Rufous Street where a caretaker is essential to protect the
property. The caretaker will curate the spaces and arrange waste collection, landscape & building
maintenance and car stacker operation/usage.


In terms of the Caretakers being a separate tenancy, the walls are required for fire separation matters
for Building approval. The caretakers is not separately excised from the parent parcel but will be part
of a lot, similar situation to garages/storage or habitable spaces on different floors in a multiple
dwelling.


5.1.3          Building Design
The design is a visually pleasing built form addressing the street and, as raised in the pre-lodgement
meeting, of a domestic scale. Presentation to both frontages is of a domestic scale with no bold
architectural corner statement. The architect uses an extensive palette of external finishes and
facades facing the streets well-articulated, offering interesting built form with curved shading battens
and both vertical and horizontal elements. The ground floor is semi-permeable which provides a
lightweight footprint with screening and openness to the street frontages. The materials are
commercially robust and the finished design is a domestic scale.




                                                                                              Page 12 of 17

Page 13

5.1.4              Setback
The development does not comply with the Acceptable outcomes for setbacks to the road frontage
or the 2 side boundaries. Although Performance Outcome PO8 of the Innovation Zone Code is
specific to setbacks and an assessment tis provided below, the whole of the building design and lot
size and shape should be considered.

PO8 Buildings and other structures are appropriately designed and sited to—
(a)       provide amenity for users of the premises, as well as preserve the visual and acoustic privacy of adjoining and
          nearby land uses;
(b)       provide adequate separation distance from adjoining land uses;
(c)       allow space for required vehicle parking;
(d)       allow for landscaping between buildings including the preservation of existing vegetation that would buffer or
          complement the proposed building;
(e)       avoid large areas of continuous wall planes by varying the building setbacks and using appropriate techniques to
          provide visual relief.


The setback encroachment is considered to fully comply with PO8 for the following reasons:
         The site is a corner lot that adjoins open parkland and therefor no impact on overlooking or acoustic
          privacy.
         To the northeast, is a small commercial building. This is not a residential site where separation is
          essential for amenity of residents. The building is well design for climate control and to retain a
          domestic look and feel.
         In terms of the street boundary setback, the nearest dwelling is 25m – 30m from the development,
          which is extensive separation to maintain privacy and acoustic amenity.
         Vehicle parking is beneath the building.
         The development provides more than double the required quantity of soft landscaping, which is all to
          the perimeter of the site. This landscaping will provide screening of and shading to the building.
         Although one elevation exceeds 15m in one plane this is articulated with 0.3m window surrounds and
          the use of 3 different external finishes which break up the length of wall.
         The site is an odd shape with a narrow corner to Woodland Drive and a dog leg to Rufous St making
          a challenging site to design for.
         The setbacks are adequate on a small site when considering that the development has not maximised
          Plot ratio and as described above is providing 2 times the required sof landscaping the Planning
          Scheme seeks.
         The Planning Scheme seeks a domestic scale building with a maximum Plot ratio and minimum
          carparking rate but a development cannot attain these parameters with the prescribed setbacks in the
          AO’s.

In summary the development:
         Preserves visual and acoustic privacy of the surrounding area given the extensive separation to the
          residential uses.
         Provides sufficient separation from adjoining land uses given that open space area and an
          underdeveloped land adjoin the site
         Sufficient car parking beneath the building;
         Provides soft landscaping to the whole perimeter except for the driveway and footpaths which allows
          for good gardens to be constructed and screen and shade the building
         Is well articulated with a large range of external finishes which provides visual relief to the wall planes




                                                                                                           Page 13 of 17

Page 14

5.1.5 Carparking

The following table sets out the Planning Scheme parking rate and the proposed rate.

 Mode                     Planning Scheme Use and Rate              Planning Scheme        Provided
                                                                    Calculation

 Office                   Car parking - 1 per 20m²                  432m²÷20               16 - PO
 Health care                                                        =21.6
 service
                          Motorcycle – 1 space per 100m²            (Use area) 388m²÷100   4
                          of use area                                                      ~1car space
                                                                    =3.88
                          These spaces may be provided in
                          lieu of car spaces at the equivalent
                          rate of 4 motorcycle space to 1 car
                          space.

                          Bicycle – 1 space per 50m² up to          432m²÷50               10 
                          500m²
                                                                    =9.76 spaces

 Caretaker’s              1 car space                               1                      1 
 accommodation

           Planning scheme requires – 22.6 car spaces and 3.88 motorcycle spaces
           Proposal provides – 17 car spaces plus 4 motorcycle spaces = equivalent to 18 car
            spaces.
           The development does not provide 4.6 physical car spaces, which is less than the
            Acceptable outcome AO6.1 of the Driveways and parking code.



The associated Performance outcome is provided as follows:
PO6 Sufficient parking:
      (a) is provided having regard to the specifics of the use including—
           (i) the type and intensity of land use;
           (ii) any existing parking available on the site;
           (iii) hours of operation;
           (iv) likely numbers of users;
           (v) accessibility to the site by means other than private motor vehicle;
           (vi) the peak parking demand periods of uses on the site; and
           (vii) the availability of alternative car parking; and
(b)        is provided to accommodate the number and type of vehicles and motorcycles likely to be
           generated by the development.



                                                                                                Page 14 of 17

Page 15

The land is located approximately 85m from a bus stop on a major road (David Low Way) and a
further short walk to a Local centre where all convenience shopping, a supermarket and employment
node is located, similar to that of a Major Centre Zone.


In the Major centre zones, Offices above ground level attracts a car parking rate of 1 space per 30m²,
a lower rate than in other centre zones of 1 space 20m². This site is generally located in an area
which has major centre attributes, being close to public transport and good active transport
infrastructure, employment generating retail and non-retail uses such as the digital hub, food and
drink outlets, as well as Offices and Health care services in the Peregian village. This development
is suited to applying the 1 space per 30m² to the upper level. The following table outlines this
calculation.


 Floor and Use              Rate                     Req. spaces               Provided
 Ground floor               1 space per 20m²         6.35
 (127.1m² GFA)
 Upper floor                1 space per 30m²         10.17
 (305.2 GFA)
 Caretakers                 1 space                  1
 Total                                               18 spaces                 18 car spaces
                                                                               (17 +~1)
                                                     4   x       motorcycles 4 motorcycles
                                                     spaces                    10 bicycles
                                                     10 x bicycle spaces


As demonstrated in the above table, if the development applies this rate, it complies with the Major
Centre zone car parking rate. Notwithstanding the Major Centre car parking rate, the proposal fully
complies with the code for the following reasons:
        Given the sites proximity to PT and other services at Peregian village, the 17 car spaces and
         4 motorcycle spaces is considered sufficient;
        The type of tenants attracted to the priority sectors are likely to have a modal change mindset
         which includes alternative transport modes such as e-scooter, e-bikes and carshare;
        The land is close to residential zones where employees are likely to reside;
        The 1 space per 20m² is a high minimum rate considering similar council’s rates are as high
         as 1 space per 40m²;
        Surrounding off street parking demand is at its highest on weekends and public holidays,
         whereas the Office and Healthcare uses peak demand is highest during weekdays between
         8.30am and 5.30pm. This allows any occasional overflow parking to be offsite in low demand
         times, if required.




                                                                                             Page 15 of 17

Page 16

5.1.6 Sustainable Building Design Code
An assessment against the Performance Outcomes (PO8) of the Sustainable Building Design
Code is provided below


 Performance Outcome                  Comment
 orientates      buildings     and    All tenancies have substantial openings for cross flow
 windows to make the most of          ventilation. In particular Caretakers ensures natural
 prevailing     winds,      natural   ventilation occurs in the bedroom and living spaces with
 ventilation, and cross breezes;      direct access to a balcony.
 maximises shade to east and          The main frontage face west and strategically placed
 west walls;                          battening provides shading to the building spaces. The upper
                                      floor raised planter provides natural cooling. Awnings and
                                      eaves also provide shading to the walls.
 contains an open and permeable       Permeable built form includes direct access to a balcony in
 built form that connects indoor      the Caretakers form the living and bedroom spaces. The
 and outdoor spaces in an             commercial tenancies have extensive shaded glazing with
 integrated design;                   some areas overlooking raised planters to provide an
                                      integrated design.
 retains existing vegetation and      There is no vegetation onsite (except one small shrub). More
 natural shading where possible;      than 2 times the required planning scheme quantity of soft
                                      landscaping is proposed, all to the perimeter of the site
                                      providing good shading.
 incorporates                         The architecturally designed building unfortunately faces
 passive building design    to        west by location but the architect has provided an excellent
 reduce the need for auxiliary        sustainable response to offset this, by offering battening and
 heating and cooling;                 strategically placed openings and masonry walls to help with
                                      thermal comfort.
 uses low toxic internal and          A mix of low toxic internal and external materials are
 external building materials;         incorporated for the construction which will ensure long
                                      lasting design that does not require regular maintenance.
 uses natural light rather than       Natural light is provided through the lobby and external
 artificial light, and may include    glazing.
 skylights, atriums and light wells;
 provides a minimum floor to The design proposes a 3m floor to ceiling distance.
 ceiling height of 2.7 metres; and
 enables efficient operation and The design allows for the uses to operate without the need
 use of the building.                for mechanical ventilation by providing battening and
                                     overhangs to allow the building to breathe and the
                                     commercial and accommodation use.



5.1.7 Works Codes.

The proposal can comply with all relevant engineering code which is demonstrated by the following
reports provided as part of the application package-
      Concept Stormwater Management Plan, prepared by SCG Consulting Engineers;
      Vehicle Turning Paths, prepared by SCG Consulting Engineers
      Traffic Impact Assessment prepared by Fernway Engineering




                                                                                          Page 16 of 17

Page 17

6.0         State assessment and other matters

6.1         State interests
 Matters established in the Planning Regulation
Nil
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 the State Development Assessment
Provisions for coastal hazards.



7.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Caretaker’s
accommodation, Office and Healthcare Service, situated at 7 Wood land Drive, Peregian Beach.
The use is a consistent code assessable development within the Innovation Zone. The assessment
finds the design meets the relevant Acceptable and Performance Outcomes.


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.




                                                                                                                       Page 17 of 17

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