planning report Shaw v4. may24 · MCU24/0074

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.

The assessment finds the development generally complies with the Outcomes of the applicable
codes. The Assessment Manager’s favourable consideration of the above development application
is therefore recommended.




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