2018-07-19 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                            19 JULY 2018


1   MCU17/0524 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
    ENTERTAINMENT AND DINING BUSINESS TYPE 2 - RECREATION, AMUSEMENT &
    FITNESS (GYM) AT UNIT 2/37 GATEWAY DRIVE, NOOSAVILLE
    That Council note the report by the Assistant Development Planner to the Planning &
    Environment Committee Meeting dated 10 July 2018 regarding Application No. MCU17/0524
    for a Development Permit for Material Change of Use - Entertainment & Dining Business
    Type 2 Recreation, Amusement & Fitness (Gym) situated at 2/37 Gateway Drive, Noosaville
    and:
    A.   Approve the application in accordance with the conditions contained in the Planning
         and Environment Committee Agenda dated 10 July 2018;
    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.    Some sport and recreational uses are accepted in the Industry Zone given the
               potential impacts of sport and recreation uses; and
         2.    The gym is of similar size and scale to other approved Entertainment & Dining
               Business’s (Type 2) within the Noosaville Industrial area.
    C.   Advise the applicant that a Development Permit for Building Works is required for the
         existing mezzanine floor within the subject tenancy.
    D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




2   132006.1395.04 - EXTENSION TO RELEVANT PERIOD FOR DEVELOPMENT PERMIT
    FOR MATERIAL CHANGE OF USE - MULTIPLE DWELLING (10 UNITS) AT 142 NOOSA
    DRIVE, NOOSA HEADS
    That Council note the report by the Coordinator Planning to the Planning & Environment
    Committee Meeting dated 10 July 2018 and refuse Application No. 132006.1395.04 for an
    Extension to the Relevant Period for Development Permit for Material Change of Use -
    Multiple Dwellings (10 units), situated at 142 Noosa Drive, Noosa Heads for the following
    reasons:
    1.   The development is not consistent with the Noosa Plan 2006 as the proposal exceeds
         the maximum gross floor area permitted for the site and the proposal does not
         adequately respond to the site’s environmental values.
    2.   Significant time has lapsed since the ecological assessment reports were originally
         submitted and the information in these reports is now outdated. Updated ecological
         reports have not been submitted. Review of the original ecological report also finds
         the report is deficient as it does not satisfactorily address known koala movement
         through the site.
    3.   Significant time has lapsed since the water quality assessment reports were originally
         submitted and the proposed stormwater drainage solutions are not compliant with the
         current Sate Planning Policy for Stormwater.
    4.   Different bushfire hazard mapping to that used for the initial approval applies as the
         State Planning Provisions came into effect after the original approval and result in a
         higher hazard rating. The higher hazard rating may require changes to setback/buffer
         areas and an amended layout. An updated bushfire management plan has not been
         submitted to enable an assessment of the current bushfire hazard.
    5.   The approval is contrary to the Planning Regulation 2017’s assessment benchmarks
         for development in koala habitat area as the development has not satisfactorily
         considered safe koala movement measures and habitat connectivity values.

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