RFI - Updated planning report Noosa Marina v.3 Nov 20

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

Nil

5.1.2 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.

Development in the erosion prone area, as shown on the SPP interactive mapping system, will be
subject to assessment against the assessment benchmarks – natural hazards, risk and resilience
within the State Planning Policy. An assessment is provided below.


 State interest                  Assessment against assessment benchmark
 Natural Hazards                 The site is located within the Erosion Prone Area of the SPP, however
 (Coastal)                       not located within a coastal management district. The development is
                                 located above the existing flood areas so as to not cause a risk to people
                                 and property.


6.0 Conclusion
The assessment finds the proposal respects the existing development approval and generally meets
the relevant statutory instruments including The Noosa Plan, subject to the following reasons:

      •   The built form changes match in with the existing development and provide for a more
          useable restaurant tenancy; and

      •   The design is sympathetic to the coastal environment protects the visual amenity enjoyed by
          users and others.

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.




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