PLANNING & ENVIRONMENT COURT APPEAL NO. BD2147 of 2022 – APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE BEACH · Report

PLANNING & ENVIRONMENT COMMITTEE MEETING                                          11 APRIL 2023


5.5     PLANNING & ENVIRONMENT COURT APPEAL NO. BD2147 OF 2022 – APPLICATION
        FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE BEACH


Author            Acting Development Assessment Manager, Patrick Murphy
                  Development Assessment Department
Index             ECM/ Application/ MCU22/0060/ Case/ BD2147 of 20222 Sunshine
                  Enterprises
Attachments       1.   ATTACHMENT 1 - MCU22 0060 - PROPOSED CONDITIONS
                  2.   ATTACHMENT 2 - MCU22 0060 REPORT
                  3.   ATTACHMENT 3 - AMENDED PROPOSAL PLANS



EXECUTIVE SUMMARY
This report reviews and recommends settlement of an appeal against Council’s decision to refuse
an application for a dual occupancy at 6 Margit Crescent, Sunrise Beach. The application was
refused under delegation, being a code assessable application, due to non-compliance with the
Noosa Plan 2020 requirements for site cover, plot ratio, asymmetrical design and stormwater design
concerns.

During the course of the appeal, amended plans were provided by the applicant addressing the
reasons for refusal and resulting in a fully compliant dual occupancy development.

It is therefore recommended that the appeal be settled.
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 April 2023 regarding Planning & Environment Court
Appeal No. BD2147 of 2022 and agree to settle the appeal generally in accordance with the
proposed conditions outlined in Attachment 1.