2023-02-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 7 FEBRUARY 2023


      2.    The proposed trading hours do not comply with Overall Outcomes 2 (d) & (h) and
            Performance Outcome PO11 & PO24 of the Business Activities Code as the proposed
            hours will adversely impact on nearby resident’s amenity.
      3.    The proposed trading hours do not comply with Overall Outcome 2(m) and
            Performance Outcome PO42 of the District Centre Zone Code as the proposed change
            in hours will impact the amenity of nearby residential premises as nearby residents
            would not reasonably expect the service to be operational at this time.
      4.    The proposed illuminated signage does not comply with Specific Outcome AO7 and
            Overall Outcome O7 of the Advertising Devices Code within the Noosa Plan 2006 as
            it proposes more than one illuminated sign and is not compatible with the visual
            amenity of the surrounding area.
      5.    The proposed additional illuminated signage is not consistent with provisions of the
            Local Law signage requirements as the proposal exceeds the maximum number of
            signs permitted to be illuminated and is prohibited by the Local Law.
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C.    Request the CEO to convene a Councillor workshop for Councillors, to allow the review and
      further discussion regarding the signage laws and associated policies.
D.    Request the CEO to, if necessary, provide a report to a future Council meeting outlining any
      changes, updates or improvements to signage laws and policies, as may be proposed at the
      Councillor workshop.
Ordinary Meeting, 16 June 2022, Item 2, Page 5
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 7 June 2022 regarding Planning & Environment Court
Appeal D928 of 2022 and agree to defend the appeal.
Finance & Risks
Should Council not wish to settle the appeal, there will be further costs in defending the appeal and
while advice on prospects has not been received from Council’s barrister, based on the further
noise and lighting reports and advice by Council’ specialist consultant, a favourable outcome by
trial is unlikely.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk




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