MCU15/0095 & REC15/0022 PM Submissions Object - Petition

    4. There are no mailers of public interest to bear in relation to the proposed Development that
         are grounds to accept the non-complying Application under s326 of the Sustainable Planning
         Act (2009) (SPA),and indeed the Development is detrimental to the public interest.


    S. The Application DOESNOTCOMPLY,or fails to provide creditable supporting evidence to
         substantiate claims of compliance, with over thirty (30) aspects of relevant planning instruments.


1. INCONSISTENTUSE:

A shop is identified as an inconsistent use within the Industry Zone, being a Retail Business Type 2, and
the Application must be rejected on those grounds. Under the Sustainable             Planning   Act 2009 The
assessment manager's decision must not conflict with a relevant instrument, unless there are there are
sufficient favourable public interest grounds to justify the decision, despite the conflict.


Section 326(1)(b) of the SPAsets out sufficient grounds for departing from a relevant instrument. The
SPA provides that an assessment manager may decide a development application in a way that conflicts
with a relevant instrument only in certain circumstances, the relevant of which here is where there are
sufficient grounds to justify the decision, despite the conflict. This means that an assessment manager
may approve an application, even though the proposed development conflicts with a relevant
instrument, only if there are sufficient grounds for approving the development despite the conflict.


Conflict means to be "at variance or disagree with" and must be piainly identified. In the current
circumstances the proposed Development          is in direct conflict with the planning scheme, being an
inconsistent use for the Industry zone. The planning scheme does not provide for a co-located service
station/retail convenience shop in the Industry zone.


The term 'grounds', in the context, is defined in the SPA to mean matters of public interest. Apart from
defining the term grounds, the SPAdoes not provide any guidance about what grounds are sufficient for
justifying a decision that may conflict with a relevant instrument. The matters 'public interest', derive
from the subject matter being considered which includes the community need, wellbeing, protection,
health and safety of the community or affected classes of persons. In determining whether a conflicting
Development    should be Approved he Assessment Manager            may also consider negative impact on
matters of public interest.


The Development      does not meet a substantiated   community need

A development may be said to be needed if, on balance, it improves community wellbeing. Wellbeing
may be improved by access to new services or facilities or a range of other ways. However, any new
uses must be compatible with surrounding uses in terms of amenity, the environment and economics.
As is demonstrated     through this document the proposed Development        does not improve community
wellbeing.   It is not compatible    with surrounding   uses in terms of amenity,      the environment   or
economics.


There is no economic need for a convenience shop or indeed for a service station in the location. The
area is well serviced given the proximity to Noosa Civic and other adjoining retail facilities. The recent
approval of a convenience shop and service station nearby at 139 Eumundi-Noosa Road provides for an




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