MCU15/0095 & REC15/0022 PM Submission Object - Alison Asher - Principal Submitter - Petition

             neighbourhood'      consisting of Community         Services, Housing and Open-space Recreations Zones,
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             and is NOT appropriate       given the existing and likely future traffic movements in the area.


     4.      There are no matters of public interest to bear in relation to the proposed Development                            that
             are grounds to accept the non-complying             Application   under s326 of the Sustainable Planning
             Act (2009) (SPA), and indeed the Development             is detrimental         to the public interest.


     S.      The Application    DOES NOT COMPLY, or fails to provide creditable supporting                        evidence to
             substantiate    claims of compliance, with over thirty (30) aspects of relevant planning instruments.


1. INCONSISTENT USE:

A shop is identified        as an inconsistent     use within the Industry Zone, being a Retail Business Type 2, and
the Application       must be rejected        on those grounds.         Under the Sustainable               Planning Act 2009 The
assessment manager's decision must not conflict with a relevant instrument,                           unless there are there are
sufficient favourable        public interest grounds to justify the decision, despite the conflict.


Section 326(1)(b) of the SPA sets out sufficient             grounds for departing             from a relevant instrument.             The
SPA provides that an assessment manager may decide a development                              application    in a way that conflicts
with a relevant instrument            only in certain circumstances,      the relevant of which here is where there are
sufficient     grounds to justify the decision, despite the conflict. This means that an assessment manager
may approve          an application,       even though     the    proposed      development           conflicts     with   a relevant
instrument,      only if there are sufficient grounds for approving the development                    despite the conflict.


Conflict     means to be "at variance            or disagree with"      and must be plainly identified.               In the current
circumstances        the proposed        Development     is in direct    conflict     with     the planning       scheme, being an
inconsistent      use for the Industry zone. The planning scheme does not provide for a co-located                                  service
station/retail     convenience     shop in the Industry zone.


The term 'grounds',         in the context, is defined in the SPA to mean matters of public interest. Apart from
defining the term grounds, the SPA does not provide any guidance about what grounds are sufficient for
justifying    a decision that may conflict with a relevant instrument.                 The matters 'public interest',               derive
from the subject matter          being considered      which includes the community                need, wellbeing,        protection,
health and safety of the community             or affected classes of persons. In determining                 whether a conflicting
Development         should     be Approved       he Assessment      Manager         may also consider          negative     impact      on
matters of public interest.


The Develapment         does not meet a substantiated         cammunity        need

A development         may be said to be needed if, on balance, it improves community                          wellbeing.    Wellbeing
may be improved         by access to new services or facilities or a range of other ways. However, any new
uses must be compatible           with surrounding      uses in terms of amenity, the environment                    and economics.
As is demonstrated          through    this document    the proposed      Development            does not improve          community



, Noosa Plan, Part 14 - Assessment Criteria for Development for a Stated Purpose or of a Stated Type - For Service
   Stations - Siting
4 ibid




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