Stevens Gerber Submission MCU 15 0095 115 Eumundi Noosa Road

           Given that the immediate land uses adjoining the site are for Community Use the
           proposed service station development is not compatible with the surrounding
           land use. For example, the proposed service station will provide constant
           temptation for children to purchase fast foods and drinks (and other
           inappropriate items) from the nearby shop.

           The proposed development would only be considered compatible if it was
           located across either the Eumundi Noosa Road or Walter Hay drive, from the
           subject site, where the development is of a predominately industrial nature.

           Noosa Plan- Zone Map 8 (Figure 1) clearly illustrates that the current zoning of
           the site as Industry (purple) is mismatched with the zoning of the land which
           immediately surrounds it, being community land uses (yellow). Accordingly, the
           proposed service station does not represent a logical or sensible form of
           development over the subject premises.




           Figure1: Noosa Plan – Zone Map 8 (Source: Noosa Council)


       e) Other planning grounds

94.   Further guidance as to what the SPA envisages by way of “grounds” is contained in
      “Statutory Guideline 05/09” referred to above. It provides non-exhaustive guidance
      as to what may be considered in determining whether there are sufficient grounds to
      justify a decision that conflicts with a relevant planning instrument. The following
      grounds are set out in the guideline:

               Relevant instrument is out of date
           …
                Example 2— The planning scheme is due for review and does not reflect current
                planning trends and principles, such as design principles, methods for addressing
                climate change or demographic shifts.

               The relevant instrument is incorrect in terms of its substance or underlying
                assumptions for the circumstances of the particular proposal.

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