MCU15/0095 & REC15/0022 PM Submission Object - John Connor

          neighbourhood' consisting of Community Services, Housing and Open-space Recreations Zones,
          and is NOT appropriate given the existing and likely future traffic movements in the area.'


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


     5.   The Application DOESNOT COMPLY,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 BusinessType 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
SPAprovides 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 plainly 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 SPAto 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 nat 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


3 Noosa Plan, Part 14 - Assessment   Criteria for Development   for a Stated Purpose or of a Stated Type - For Service
   Stations - Siting
4 ibid




                                                                                                                         2