2016-08-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     9 AUGUST 2016


REPORT
A report on an application to change conditions of an existing mixed use development approval at
the ‘Noosaville Medical & Professional Centre’ situated at 90 Goodchap Street, Noosaville was
considered by Council at its Ordinary Meeting on 2 July 2015.
The proposed changes primarily sought to allow for the expansion of the adult educational use
(Central Queensland University - CQU) from the approved maximum floor space of 1,600m2 to
2,723m2 within the existing buildings and delete the requirement for the construction of the multi-
storey carpark (which adds a further 79 spaces onsite). The proposed changes were reflective of
the mix of uses on site operating on site at the time, with the development operating in conflict with
the development approval conditions.
Council resolved to change conditions 1, 7, 8, 10, 12, 36, 38, 64, 65 & 66 of the existing approval,
allowing for the 2,723m2 of adult education using the site to remain, subject to the multi storey
carpark being constructed. At the time of the application, the applicant submitted that 315 on site
parking spaces were appropriate to meet the car parking demands of the mixed use development.
The multi storey carpark would increase the available car parking on site to 395 car parking spaces
(not including the 40 bays in the childcare centre which is subject to a separate approval).
On the 7 August 2015, the applicant lodged an appeal with the Planning and Environment Court
seeking the Court to amend conditions 1, 10, 11, 12 and 36 of the Development Approval. The
changes sought primarily relate to the requirement for the multi-storey car park. The applicant
indicates the cost estimate to build the multi storey carpark exceeds $3 million and is an
unreasonable imposition on the development. Notably, since the appeal was lodged, the owner
has fenced off the adjoining environment reserve to prevent people from parking their cars on this
land.
A detailed assessment of each of the contested conditions is included below


Conditions 1, 10 & 36
1.    Development undertaken in accordance with this approval must generally comply with the
      approved plans of development. The approved plans are numbered Site Plan Overall Parking
      Layout 0427 DA01E, Site Plan Overall Podium Level 0427 DA02E, Site Plan Overall Upper
      Plan 9427 DA03E, Stage 2 Carpark Plan 0427 DA04E, Stage 2 Podium Plan 0427 DA05E,
      Stage 2 Upper Floor Plan 0427 DA06E, Roof Plan 0427 DA07D, Existing Approved Elevation
      & Sections 0427 DA08D, Proposed Elevations & Sections 0427 DA09D, Proposed Carpark
      Lower Level Plan 0427 DA10E, Proposed Carpark Mid Level Plan 0427 DA11E, Proposed
      Carpark Upper Level Plan DA12E and Proposed Carpark Elevations & Sections 0427 DA13E
      prepared by Middap Ditchfield Pty Ltd and dated May 2007 and Working Drawings Carpark
      Layout 0715 WD01.1 prepared by Middap Ditchfield Pty Ltd and dated April 2008 and Plan
      of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP 196846 prepared by Jones Flint & Pike and as
      may be amended by these conditions.
10.   The proposed development shall not exceed a maximum height of:- 10.1 for buildings, 2
      storeys and 10 metres above natural ground level, with the exception of building B, which
      may be 3 storeys in height in accordance with the approved plans. 10.2 for the car park
      structure, 8 metres above natural ground level, with the exception of the rendered block work
      up stand (ie. lift overrun) adjacent to the driveway ramp which shall not exceed 10.5 metres
      above natural ground level.
36.   The development shall provide car parking spaces on the site at a minimum rate of 395 car
      parking spaces.




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