2021-07-06 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                  6 JULY 2021


The DA Rules allows an assessment manager (Council) to continue to assess and decide an
application, even if some of the requirements of the DA Rules about the notice have not been
complied with, provided the assessment manager considers that any non-compliance has not:
      adversely affected the awareness of the public of the existence and nature of the application,
       or
      restricted the opportunity of the public to make properly made submissions about the
       development application.
In this regard, it is acknowledged that although the inclusion of the incorrect image had the potential
to cause confusion to the public:
      the signage was correctly located on the subject premises and included the correct address,
       lot and plan number and application information, including the proposed use;
      the letters to adjoining property owners and notification in the newspaper did not include the
       images, and provided the correct information in regards to the application details;
      all notification types provided the correct details in terms of the submission period, how to
       view the application material and how to make a submission; and
      it is noted that the one submission received in relation to the application was able to
       determine that the image was incorrect and that the application related to the dwelling
       currently under construction on the subject site.
Therefore, it is considered that the incorrect image did not adversely affect the awareness of the
public of the existence and nature of the application, and did not restrict the opportunity of the
public to make properly made submissions about the development application.
One properly made submission was received. The following table provides a summary and
assessment of the issues raised by submitters.

    Matters Raised                                        Comments
    Review of the application submitted to Noosa          The original application (MCU19/0119) for a Dual
    Council shows it being made by Hunter Hopkins         Occupancy was approved on 20 December 2019.
    Project 5 Pty Ltd the developers of Nola              The Planning Act allows an applicant to lodge an
    Residences, therefore it is not unreasonable to       Other Change application seeking approval for a
    assume that this was the intended use of the          new use to establish on site. The subject Other
    property from the outset. This being the case the     Change application was publicly notified for fifteen
    intended use should have been made known              business days, and required a notice to be placed
    publicly during the Development Application           on the property, a notice in a local newspaper, and
    phase so that interested parties could submit an      letters to adjoining landowners.
    objection at that point in time. The general public
                                                          It is unclear to whom the ‘other 4 residences in the
    and buyers of the other 4 residences in the
                                                          development’ is in reference to, however it is noted
    development have been deprived of this
                                                          the adjoining property at 4 Nola Street, owned by
    opportunity to object prior to development
                                                          the same company as the subject site (Hunter
    approval and given it is not beyond the realms of
                                                          Hopkins Project 5 Pty Ltd) also received an
    possibility that other owners could be from
                                                          approval for a Material Change of Use for Multiple
    interstate it is quite possible that they will not
                                                          Housing Type 4 Conventional (4 Units) and Visitor
    have seen the public notice re this Application.
                                                          Accommodation Type 4 Conventional on 19
    The public notice displayed at the construction
                                                          February 2020. As such, the adjoining property to
    site is not a true representation of what has
                                                          the east is proposed to be used for either
    actually been submitted to Noosa Council. It
                                                          permanent or short-term accommodation,
    indicates that the townhouse on the corner of
                                                          commensurate with the proposal over the subject
    Nola Street and The Cockleshell is the property
                                                          site. Additionally, the current Other Change
    that the application applies too and not the two
                                                          application was open to submissions through the
    duplexes identified in the application therefore
                                                          public notification period. Only one submission was
    misrepresenting and misleading any interested
                                                          received regarding the proposal. No submissions
    parties with regard to the scope and intent of the
                                                          were received from adjoining property owners.
    application.


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