Development Assessment Report · MCU15/0122

KHA DEVELOPMENT MANAGERS – 15180                                                                    December 2015



        Erosion and sediment control code
        Existing services code
        Transport roads and drainage code
        Waste management code
        Water sensitive design code
        Water supply and sewage reticulation code

Comment: An assessment of the applicable codes has been included within Attachment 1. The code
assessment has determined that the proposed development generally complies with all outcomes of the
codes. Where probable solutions are not met, an alternative solution demonstrating compliance with the
corresponding specific outcome is provided (refer to Section 7.7.1 below). Where Specific Outcomes are
not met sufficient planning grounds are provided to justify the proposals conflicts with the Noosa Plan
2006 (refer to Section 7.8 below).

7.7.1      ALTERNATIVE SOLUTIONS

NOOSAVILLE LOCALITY CODE:

S9.1 Buildings and structures comply with the setbacks identified in Schedule 1 - Minimum
Boundary Setbacks.

Alternative Solution – The proposed development exceeds the required setback to Goodchap Street, the
northern boundary setback to Val Cresent and the southern side boundary setback. The development
proposes a varied setback to the site’s western boundary to Val Crescent of 2.08m – 16m (approx.). A
frontage setback of 6.0m to Val Crescent would typically be applicable in accordance with Schedule 1 of
the Noosa Plan.

Although a reduced setback is proposed to the rear of the site fronting Val Crescent, extensive buffer
landscaping is proposed to the rear of the site as shown on the attached Architectural Plans. This
landscaping will soften the built form of the development and screen large sections of the western building
façade to ensure the existing visual amenity is preserved for surrounding detached housing. The proposed
landscaping will include locally endemic species and will help maintain the character of Noosa by
integrating the development with the surrounding landscape. The attached Noise Impact Assessment has
also confirmed that noise can be attenuated to acceptable levels to further ensure the amenity currently
experienced by existing detached housing is maintained. The development has also avoided large areas of
continuous wall planes by varying the building setback. The proposed development complies with the
corresponding Specific Outcome O9 of the Noosaville Locality Code.

7.8 PLANNING SCHEME CONFLICTS

The assessment of the proposed development against the Noosa Plan 2006 has determined that the only
potential conflict with the Noosa Plan 2006 is with specific outcomes 11, 28, 29 & 33 of the Noosaville
Locality Code. These specific outcomes relate to consistent/inconsistent uses within the Detached Housing
Zone and the built form of the development.

It is considered that there are sufficient planning grounds to justify the proposal despite these conflicts in
accordance with Statutory Guideline 05/09 which provides guidance on matters that may be considered in
determining if there are sufficient grounds to justify a decision that conflicts with a relevant instrument
under sections 326(1)(b) or 329(1)(b) of the Sustainable Planning Act 2009.

The term sufficient grounds has been considered by the Planning and Environment Court and Statutory
Guideline 05/09 has been prepared with regard to these decisions of the court about this term. One of the
deciding matters to determine if there are sufficient grounds to justify a conflict with a planning scheme is
that there is urgent need for the proposal.

It is considered that there is an urgent need for the proposal as it has been identified that there is an
undersupply of medical facilities in Noosa and, as a result, there is likely to be a significant shortfall in the
Development Assessment Report                                                                        Page 28 of 34
Material Change of Use for Medical Centre and Café
52-58 Goodchap Street & 3-7 Val Crescent, Noosaville