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planning report rev1
6.0 Conclusion This application seeks a Development Permit for Material Change of Use Dual Occupancy, associated Operational Works (Landscaping, Access, Car parking, Earthworks, Stormwater) and Reconfiguring a lot (1 lot into 3 lots) for community title, situated at 14 Wyandra Street, Noosa Heads. The 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. Page 15 of 15
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