MCU15/0095 & REC15/0022 PM Submission Object - Steve Ellis

                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 Sustainable Planning
                Act (2009) (SPA), and indeed the Development               is detrimental     to the public interest.


           5.   The Application     DOES NOT COMPLY, or fails to provide creditable supporting                   evidence to
                substantiate     claims of compliance, with over thirty (30) aspects of relevant planning instruments.




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 SPA sets 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 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 5PA to mean matters of public interest.                    Apart from
defining the term grounds, the SPA does 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



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