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2016-08-09 Planning & Environment Committee Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            9 AUGUST 2016


Council officers issued an Advisory Letter in January 2016 requesting that the signage be modified
to comply with the Court Approval as originally agreed to by the owner (Sharpe Enterprises). On
22 February 2016 Council issued a Show Cause Notice to the owner and operator. Following the
issue of the Show Cause Notice various correspondence was exchanged between Sharpe
Enterprises and Council officers. On 24 June 2016 Council officers issued Sharpe Enterprises with
an Enforcement Notice. The Enforcement Notice required Sharpe Enterprises to comply with
Sections 580 of the Sustainable Planning Act 2009 by:
1.     Reduce the extent of signage on site to ensure that signage on site does not exceed the total
       signage area for each building as identified in the signage schedules on Drawing No. OGSS-
       001-06 Revision P Elevations 1 & 2 and dated 24 May 2015 prepared by Steve McGregor
       Design Service and the approved plans of development
2.     Remove the additional free standing sign erected on the site.
On 4 July 2016 Sharpe Enterprises Pty Ltd lodged an appeal against the Enforcement Notice in
the Planning and Environment Court at Maroochydore. The appeal seeks that the Enforcement
Notice be withdrawn and the as built signage be ordered as being compliant with the development
approvals for the site.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.


Previous Council Consideration
Ordinary Meeting, 15 January 2015, Item 8, Page 18
That Council note the report by the Manager, Planning & Environment to the General Committee
Meeting dated 12 January 2015 regarding Planning & Environment Court Appeal D194 of 2014
and agree to defend the appeal.


Finance & Risk
There will be some costs for Council involved in defending the appeal and it is premature to advise
on the appeal prospects at this stage.


Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Council’s solicitor for planning matters
Internal Consultation
Nil

Departments/Sections Consulted:

      Chief Executive Officer                    Community Services                 Corporate Services
      Executive Officer to the Mayor & CEO       Community Facilities               Financial Services
      Executive Support                          Community Development              ICT
                                                 Libraries & Galleries              Procurement & Fleet
                                                 Local Laws                         Property & Facilities
                                                 Waste & Environmental Health       Revenue Services

      Executive Office                       x   Planning & Infrastructure
      Community Engagement                       Building & Plumbing Services
      Customer Service                           Civil Operations
      Economic Development                       Disaster Management
      Governance                                 Infrastructure Planning & Design
      Human Resources                            Planning & Environment
      Sustainability                             Strategic Land Use Planning


                                                                                              Page 6 of 119
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