Notice of Appeal (Sealed) 18Oct2018 · MCU17/0005

26.

The Development Application should be approved in its entirety by the Respondent
subject to development conditions permitted under the Planning Act 2016, for the
following reasons:

a)

b)

c)

e)

f)

vi.

 

the proposed development complies with or can be conditioned to comply with
all of the relevant assessment benchmarks in the Noosa Plan, (including those
contained in the Rural Zone Code, Cooroy and Lake McDonald Locality Code,
the Business Uses Code, the Transport Roads and Drainage Code, and the
relevant Overlay Codes), with the exception of Specific Outcome 080 for the
Rural zone, which states: “The following defined uses and use classes are
inconsistent uses and are not located in the Rural zone — c) Entertainment and
dining business”;

the proposed development is located within the Urban Footprint under the SEQ
Regional Plan and complies with or can be conditioned to comply with the
relevant assessment benchmarks stated in that Plan;

to the extent, if any, to which the State Planning Policy adopted on April 2016
or State Planning Policy July 2017, Part E, adopted on 3 July 2017, is relevant,
the proposed development complies with or can be conditioned to comply with
the relevant assessment benchmarks stated in the State Planning Policy;

having regard to the whole of the planning scheme, the Noosa Plan, to the
extent relevant;

having regard to the existing urban/non-rural use of the Land and surrounding
land uses;

when assessed against or having regard to relevant matters, including:
the existing use of the Land and surrounding land;

the proximity of the Land to the railway line and to the Cooroy town
centre;

the lack of farming in the vicinity of the Land;
the Land’s limited suitability for rural activities due to its location;

there is a need for the proposed development, on the basis that it offers
a recreational option for residents which is not currently being offered;
and

to the extent the assessment benchmarks do not support the proposed
development at this location, the assessment benchmarks are not
relevant in light of changed circumstances, including the recent approved
staged expansion of the church on the Land; and

for the reasons set out in paragraph 27 below.