Planning & Environment Court Appeal No 2611 Of 2024 - MCU23/0105 Application For A Material Change Of Use For Multiple Dwelling (6 Small Dwellings), Food And Drink Outlet And Office At 2 Bottlebrush Avenue, Noosa Heads · Attachment 3 - Planning Coordinators Delegate Report - MCU23-0105

2.      It is not practical or desirable from a town planning perspective to provide the required
        amount of car parking onsite due to the nature and type of development adjoining the land;
3.      It is in the community’s interest to provide for alternative car parking arrangements because
        of traffic and or pedestrian safety concerns that might be caused by the development;
4.      The provision of onsite car parking and access is not practical or desirable from a character
        perspective, being within a central area and where additional footpath crossovers would
        adversely impact upon the streetscape or result in the loss of significant road side
        vegetation;
5.      The locality would benefit more from improved public transport, pedestrian or cycle facilities
        compared to the provision of additional car parking onsite; and
6.      The development complies with the Noosa Plan or the Council has determined that there
        are reasons why the development should be approved despite any conflict with the
        assessment benchmarks, in accordance with section 63(5)(e) of the Planning Act 2016.
Whilst the subject site is constrained, the proposed development is considered to be an
overdevelopment as demonstrated by the building not complying with height or setback
requirements. The application of the policy is at the discretion of the Council and given the extent
of the shortfall in on-site car parking and that the development is considered an over development
of the site, it is not appropriate for Council to accept contributions in this instance.
3.2.5 Sustainable Building Design Code
The proposed dwelling units incorporates passive design elements to respond to the local climate
including large balconies and windows, with opportunities for cross ventilation and floor to ceiling
heights of 2.7m.
5.      CONSULTATION
5.1. Referral Agencies
Not Applicable
5.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
•       Senior Development Engineer
•       Senior Environment Officer
6.      CONCLUSION & REASONS FOR DECISION
The proposed development while incorporating appropriate uses for the site, fails to meet
numerous design requirements for development of the site and does not meet the desired intent
for Noosa Junction. The proposal proposes a four storey building that substantially intrudes into
setback areas and is not consistent with the bulk and scale of the area. The proposal also has a
significant shortfall in on site car parking. The application is therefore recommended for refusal.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU23/0105 for a Material Change of Use - Food and drink outlet,
Multiple dwelling (Small Dwellings) situated at 2 Bottlebrush Ave Noosa Heads and described as
Lot 157 RP 88772, it is recommended the application be refused in accordance with the following
details for the Decision Notice:
1.      APPLICATION DETAILS

    Application No:             MCU23/0105

    Street address:             2 Bottlebrush Ave Noosa Heads


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