planning report bottlebrush 17 · MCU26/0001

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. The site is not located in the erosion prone area.

6.0 Conclusion
This application seeks a Development Permit for Material Change of Use for Multiple Dwellings (4
units) and associated Operational Works situated at 17 Bottlebrush Ave, Noosa Heads. The
proposed multiple dwelling use is a consistent code assessable development within the High-Density
Residential Housing Zone. The assessment finds the design generally 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.



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.




                                                                                                                                        Page 11 of 11