planning report 92 Hilton · MCU26/0080

5.0 State assessment and other matters

5.1 State interests
5.1.1 Matters established in the Planning Regulation

In accordance with Schedule 6, Part 2 of the Planning Regulations 2017 – the application is for a
new development in the Medium Density Residential Zone that exceeds the scale and intensity of
the existing house on the site.

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 within the Coastal Management District, however is within the erosion
prone area.

The design is compliant with the SDAP State Code 8 provisions, with the redevelopment of an
existing building within the erosion prone area. The design includes a large setback to the Noosa
River boundary and habitable floor levels above 2.7m AHD, which accounts for flood heights that
includes 2100 climate change conditions.

6.0 Conclusion
This is a development application for the construction of a dwelling house at 92 Hilton Tce,
Noosaville. The proposed development is subject to code assessment and meets the relevant
Outcomes. The proposal retains a large setback to the river and is dispersed across the 1,937m2
site without impacting on the surrounding area.

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 complies with all Acceptable and Performance Outcomes of
the applicable codes. The Assessment Manager’s favourable consideration of the above
development application is therefore recommended.




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