Under s 326(1)(b) of the Sustainable Planning Act 2009 (Qld), conformity with a Planning Scheme is prima facie in the public interest, and a development that conflicts with the Scheme can only be approved if the applicant demonstrates that the proposed deviation serves the public interest to an extent greater than the public interest in maintaining the Scheme. Merely proving that there is a 'need' for a proposed development is insufficient; the applicant must identify how the need constitutes a matter of public interest that overrides the conflict. The process under s 326(1)(b) does not involve a general balancing of the merits and demerits of the proposal as a whole. The degree of conflict with a Planning Scheme is not 'binary' and may be assessed by reference to the nature and extent of the conflicting uses within the overall development.
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