2021-07-06 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       6 JULY 2021


5    MCU19/0114 PLANNING & ENVIRONMENT COURT APPEAL NO 970 OF 2021 -
     APPLICATION FOR A SENIORS LIVING COMMUNITY, NEW COOROY GOLF
     CLUBHOUSE & FACILITIES, BOUNDARY REALIGNMENT & ACCESS EASEMENT AT
     30, 114, 122 & 144 MYALL ST, COOROY

Author           Manager Development Assessment, Kerri Coyle
                 Environment & Sustainable Development Department

Index            ECM/ Application/ MCU19/0114/ Case/ GTH Projects No. 4 Pty Ltd

Attachments      Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 6 July 2021 regarding Planning & Environment Court
Appeal 970 of 2021 and agree to defend the appeal.



REPORT
On 18 March 2021 Council at its Ordinary Meeting resolved to refuse a development application
for a seniors living community of 246 dwelling units, which included a proposal to reconfigure the
site’s lot boundaries such that part of the seniors living community would be located on Cooroy’s
golf course land.
To support the proposed development’s conflict with the planning scheme the applicant proposed
to construct a new golf club house, associated car park and buggy/cart store, pay the membership
for each resident within the seniors living community for 10 years and make a financial contribution
to the golf course for course improvements. The delivery of these works and financial contributions
to the Cooroy Golf Club were proposed to be facilitated through an Infrastructure Agreement
Officers recommended that Council refuse the application as the proposal raised significant
conflicts with the planning scheme’s intent for the site, would adversely impact on the site’s
environmental values and the visual amenity of the entrance to Cooroy and would result in a
number of poor built form, design and amenity outcomes.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the development be approved
subject to reasonable and relevant conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 18 March 2021, Item 9, Page 16
That Council note the report by the Coordinator Planning, to the General Committee Meeting dated
15 March 2021 regarding Application MCU19/0114 and RAL19/0027 for a Development Permit for
Material Change of Use – Entertainment & Dining Type 2 Recreation amusement fitness, Multiple
Housing - Type 3 Retirement and Special Needs (Seniors Living Community) and Reconfiguring a
Lot (Boundary Realignment and access easement) situated at 30, 114, 122 and 144 Myall St
Cooroy and:
A.   Refuse the application for the following reasons:


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