MCU15/0095 & REC15/0022 PM Submission Object - Petition

     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 Develapment is detrimental    to the public interest.


     5.      The Application DOESNOT COMPLY, ar fails to pravide creditable supparting 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 develapment 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 daes 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 fram
defining the term grounds, the SPA does not provide any guidance about what graunds 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 ar affected classes of persons. In determining whether a conflicting
Development        shauld be Approved       he Assessment Manager may also consider negative impact on
matters of public interest.


The Development does not meet a substantiated           community 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. Hawever, 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
wellbeing.       It is not compatible    with surrounding   uses in terms of amenity,      the environment      or
economics.


There is no economic need for a convenience shop or indeed for a service station in the location. The
area is well serviced given the proximity to Noosa Civic and other adjoining retail facilities. The recent
approval of a convenience shop and service station nearby at 139 Eumundi-Noosa Road provides for an




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