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Appeal 1998 Of 2024 Relating To Refusual Of MCU22/0094 Material Change Of Use For Childcare Centre At 28 Eenie Creek Road, Noosaville · Attachment 1 - MCU22/0094 - Development Assessment Coordinator Of Planning Report

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GENERAL COMMITTEE MEETING REPORT                                                12 AUGUST 2024


     ATTACHMENT 1 – MCU22/0094 – DEVELOPMENT ASSESSMENT COORDINATOR OF
                               PLANNING REPORT


REPORT
At the Ordinary meeting of 20 June 2024 Council refused a development application for material
change of use for a Childcare centre at 63 and 65 Hofmann Drive, Noosaville for the following
reasons:

1.    The proposed development is not consistent with condition no. 53 of Development Permit to
      Reconfigure a Lot (1 lot into 23 lots) RAL18/0023 as the proposal does not include the
      required 10m wide landscaped garden bed to Hofmann Drive.
2.    The proposal is not consistent with the Strategic Intent and Strategic Outcomes 3.3.1(o), and
      3.3.5 (s)(i) (D) of the Noosa Plan 2020 as the proposal fails to incorporate the 10m wide
      landscaping required to Hofmann Drive to achieve the parklike, vegetated setting envisaged
      for the centre which is synonymous with the Noosa style.
3.    The proposal is not consistent with acceptable and performance outcomes AO5, PO5,
      AO7.4, PO7 of the Noosaville Local Plan Code as:
      a.   The development does not retain or propose to enhance the required 10m wide
           landscaped garden bed to Hofmann Drive which is important to contribute and create
           the character sought for the Noosa Business Centre.
4.    The proposal is not consistent with the overall outcome (3)(f) and (4) acceptable and
      performance outcomes AO32.4, AO32.5, AO32.6, PO32 and PO33 of the Major Centre Zone
      as:
      a.   Reducing the width of the landscaped garden beds required to Hofmann Drive,
           particularly where this approach is continued for the remainder of the lots with frontage
           to Hofmann Drive, will compromise and impact the ability to achieve a centre which is
           overall recognisable as having a Noosa style.
      b.   The proposal does not retain, incorporate, or enhance the existing vegetation within
           the required 10m wide landscaped garden bed to Hofmann Drive, which is important to
           enhance the visual amenity and natural landscape character of the Noosa Business
           Centre.
      c.   The proposal disrupts the landscaped streetscape treatment required to Hofmann
           Drive intended to enhance the amenity and contribute positively to the centre’s
           character.
      d.   The proposed use is an inconsistent use in the Major Centre Zone Code – Business
           Park Precinct will not deliver the commercial and employment uses intended for the
           Precinct such as health and wellbeing, education, research and technology and
           knowledge-based industries.
      e.   The bio retention basin at the front of the site is located within the required setback
           area and in front of the proposed carparking area which results in the development
           being more visible to the road and not located in a park like setting.
5.    The proposal is not consistent with overall outcome 2(a), (d) and performance outcome PO8
      of the Sustainable Building Design Code as the development does not provide a minimum
      floor to ceiling height of 2.7m.
6.    The proposed bicycle parking is not consistent with acceptable outcomes AO6.1 of the
      Driveways and Parking Code as they are located in an area that impedes access around the
      site.


                                                                                       Page 1 of 4
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ATTACHMENT 1 - MCU22_0094 - DEVELOPMENT ASSESSMENT COORDINATOR OF PLANNING REPORT.pdf · 1.3 MB (small file)

Full text of the other 3 pages

Page 2

GENERAL COMMITTEE MEETING REPORT                                                12 AUGUST 2024


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.

The site is included in the Major Centre zone – Business Park Precinct and the application sought
approval to develop it for a Childcare centre for up to 96 children and approximately 17 staff. A
single storied building was proposed along the eastern boundary of the site and was proposed to
be setback 10.5 metres. Play areas were proposed along the front, side and rear of the building
and resulted in a landscape setback averaging 4 metres.




                                      Figure 1 – Locality Plan




                                                                                      Page 2 of 4

Page 3

GENERAL COMMITTEE MEETING REPORT                                                 12 AUGUST 2024




                                         Figure 2 – Site Plan

The proposed development is an inconsistent use in the Major Centre zone – Business Park
Precinct and is contrary to the site’s zoning intent and contrary to many provisions in the planning
scheme including the Strategic Framework, Local Plan Code for Noosaville, Major Centre zone
Code, Sustainable Building Design Code and Driveways and Parking Code. These outcomes all
seek a parklike vegetated setting for Hofmann Drive with the zone intended to deliver commercial
and employment uses such as health and wellbeing, education, research and technology and
knowledge-based industries.

The proposed development also fails to provide a 10 metre landscape setback required under the
approved subdivision layout and proposes carparking, a bioretention basing and fences outdoor
pay are in the buffer area. These works are not consistent with the required landscape presentation
for the area.

The report further noted that proposed Childcare centre is a consistent use in the Village Mixed
Use Precinct with is located directly to the north of the subject site.




                                                                                       Page 3 of 4

Page 4

GENERAL COMMITTEE MEETING REPORT                                                   12 AUGUST 2024


The matter is in order for Council to defend the appeal and the recommendation is worded
accordingly.

Previous Council Consideration
Not Applicable

Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.

Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb

Internal Consultation
Departments/Sections Consulted:

    Office of the CEO, Mayor &                Community Services           Corporate Services
            Councillors
     Mayor & Councillors                   Director                     Director
     Chief Executive Officer               Community Development        Financial Services
     Executive Officers                    Sport & Active Lifestyles    Fleet
     Community Engagement                  Arts & Culture               Revenue Services
     People & Culture                      Community Connection         ICT
     Governance                            Customer Experience          Commercial Property
    Strategy & Environment &               Development & Regulation      Infrastructure Services
    Sustainable Development
     Director                          x   Director                     Director
     Strategic Land Use Planning       x   Development Assessment       Infrastructure Planning, Design
                                                                        and Delivery
     Economic     Development      &       Local Laws                   Civil and Asset operations
     Destination Management
     Environmental Services                Environmental Health         Asset Management
     Innovation & Digital Hub              Building & Plumbing          Building & Facilities
                                           Property / Permits           Disaster Management
                                                                        Waste




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