planning report - 20 kauri · MCU23/0109

5.0 State assessment and other matters
5.1. Matters established in the Planning Regulation

Nil

5.2 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 site is not located within an erosion prone area and therefore does not require assessment
against the SPP.


6.0 Conclusion
The proposed development is located with 530 metres of the Cooroy town centre and is well situated
to access public transport, community facilities and pedestrian infrastructure. Cooroy railway station
and bus stops are within 650 metres of the site.

This application seeks a Development Permit for Material Change of Use Multiple Dwellings (10
small dwellings) situated at 9 Kauri Street, Cooroy. The proposed multiple dwelling 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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