planning report regency · MCU22/0196

6.0 State assessment and other matters

6.1 State interests
6.1.1 Matters established in the Planning Regulation

Nil

6.1.2 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 for coastal hazards.

7.0 Conclusion
This application seeks a Development Permit for Material Change for Multiple dwellings and
associated operational works situated at 130 and 132 Gympie Terrace, Noosaville. 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.

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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