Development assessment report

PROJECT URBAN – 15104                                                                                July 2016

                                                   appearance of bulk to adjacent properties, roads or
                                                   other areas in the vicinity of the site; maximises the
                                                   retention of existing vegetation and allows for soft
                                                   landscaping between buildings; allows for adequate
                                                   area at ground level for outdoor recreation,
                                                   entertainment, clothes drying and other site
                                                   facilities; and facilitates onsite stormwater
                                                   management and vehicular access in accordance
                                                   with outcome 010.
Specific Outcomes for the Shire Business Centre Zone

Specific Outcome                                     Alternative Solution
O89 lists Multi-housing type 4 as an inconsistent    Please refer to section 7.8 of this report for detailed
use in this zone.                                    discussion around planning scheme conflicts.

Specific Outcomes for the Minor Recreation/Minor Mixed Use/Open Space Precinct

Specific Outcome                                     Alternative Solution
O167 The precinct is used for minor recreation       Please refer to section 7.8 of this report for detailed
development or minor mixed use development,          discussion around planning scheme conflicts.
including business activity that need not be
associated with the balance of the site;



7.8 PLANNING SCHEME CONFLICTS

The assessment of the proposed development against the Noosa Plan 2006 has determined that
the only potential conflicts with the Noosa Plan 2006 is with specific outcomes O8 (max 1 storey),
O16 (plot ratio), O89 (use) and O167 (use) of the Noosaville Locality Code which direct the use
away from the applicable zones.

It is considered that there are sufficient planning grounds to justify the proposal despite this
conflict in accordance with Statutory Guideline 05/09 which provides guidance on matters that
may be considered in determining if there are sufficient grounds to justify a decision that
conflicts with a relevant instrument under sections 326(1)(b) of the Sustainable Planning Act 2009.

The term grounds is defined in the SPA to mean matters of public interest. It does not include
considerations such as the personal circumstances of the applicant, the owner of the land or
another interested party. The term sufficient grounds has been considered by the Planning and
Environment Court and Statutory Guideline 05/09 has been prepared with regard to these
decisions of the Court about this term. One of the deciding matters to determine if there are
sufficient grounds to justify a conflict with a planning scheme is that there is urgent need for the
proposal. Need is assessed in the following section.

7.8.1 NEED ASSESSMENT

Establishing need requires an analysis of existing and projected demand, against existing and
projected facilities. The following report section looks at each of these aspects separately and
provides a summary of expected shortfall. Discussion is also provided about need as it relates to
the specific location of the proposed facility.


Development Assessment Report                                                                    Page 27 of 33
Aged Care Facility
Eenie Creek Road, Noosaville