Meeting papers

PLANNING & ENVIRONMENT COMMITTEE MEETING                                             11 JULY 2023


5.5     MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE – HOME-
        BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY, COOTHARABA


Author             Development Planner , Tara Norley
                   Development & Regulation Department
Index              Application / MCU22/0120
Attachments        1.   ATTACHMENT 1 - MCU22 0120 - PLANNERS REPORT




EXECUTIVE SUMMARY
The application seeks approval for a Material Change of Use - Home-based business (Mechanic).
The application has been lodged in response to compliance action undertaken by Council as a result
of a complaint received regarding an unlawful home-based business operating on the subject site.
The applicant is therefore seeking a retrospective approval for the home-based business.

The proposal for the home-based business includes servicing and mechanical repairs undertaken
on site within an existing shed, with the owner of the business residing on site.

A home-based business is a code assessable use in the Rural zone in which the site is located. The
proposal has been assessed against the relevant codes and has been found to be deficient in
information to provide Council with sufficient evidence of compliance with the relevant codes of
Noosa Plan 2020.

The report recommends refusal of the application due to insufficient evidence of compliance with the
requirements of Noosa Plan 2020.


RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee
Meeting dated 11 July 2023 regarding Application No. MCU22/0120 for a Development Permit for
Material Change of Use - Home-based business (Mechanic), situated at 39 Eucalypt Way,
Cootharaba and:

A.    Refuse the application for the following reasons:
        1. The proposed development does not comply with the Purpose and Overall Outcomes of
        the Rural Zone Code as it has not been satisfactorily demonstrated that:
             a. the nature, scale and intensity of the activity is compatible with the character and
             amenity of the surrounding locality.
        2. The proposed development does not comply with the PO9 of the Rural Zone Code as it
        has not been satisfactorily demonstrated that:
             a. development does not result in environmental harm or environmental nuisance to
             sensitive land uses.
        3. The proposed development does not comply with the Purpose and Overall Outcomes of
        the Home-Based Business Code as it has not been satisfactorily demonstrated that the home-
        based business:




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