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Delegated Report - Code - Planning MCU23 0139 [As Published] · MCU23/0139

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               The development proposes a new access from Olivine Lane, however, does not propose the
               required 2 metre resumption, or laneway upgrade.
               The applicant submits the following:
                       Olivine Lane currently has a varied reserve width of between 6.7m and 8.7m. Council has
                       taken a land dedication with any recent development applications approved on the southern
                       side of Olivine Lane to achieve a consistent overall reserve width of 8.7m. This has included
                       land dedication associated with developments over No’s 23, 31, 33, 35, 43-45 Tewantin
                       Road.
                       No land dedications have been required by Council associated with any development
                       occurring on the northern side of Olivine Lane. This includes a recent development for a dual
                       occupancy located on the adjoining site at 13 Olivine Street, Cooroy. Given the
                       circumstances, it is unlikely that a consistent verge width could be achieved on the northern
                       side of Olivine Lane. It would also be unnecessary to require land dedications on the northern
                       side of Olivine Lane, given that a consistent dedication on the southern would achieve the
                       reserve width required by the planning scheme for a laneway. Overall, the development will
                       achieve the overall outcomes of the Cooroy Local Plan Code and not impact on the laneways
                       ability to provide vehicular access and serving functions.
               The applicant’s justification is inaccurate and not supported as the 2 metre resumption requirement
               was introduced under the current planning scheme, (Noosa Plan 2020) and a review of Council’s
               records confirms that laneway dedication has been required and provided to all new development
               accessed from Olivie Lane. A condition requiring the 2 metre dedication of the laneway front has
               been included in the approval below.


               4.      CONSULTATION
               4.1. Referral Agencies
               Not Applicable
               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •       Development Engineer – As Conditioned
               5.      CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No MCU23/0139 for a Material Change of Use – Dual occupancy
               situated at 15 Olivine St Cooroy Qld and described as Lot 119 C 5604; it is recommended the
               application be approved in accordance with the following details for the Decision Notice:
               1.      APPLICATION DETAILS

                   Application No:              MCU23/0139

                   Street address:              15 Olivine St Cooroy Qld 4563

                   Real property description:   Lot 119 C 5604

                   Planning Scheme:             Noosa Plan 2020 (25 September 2020)


                                                                                                       Page 5 of 10

Document Set ID: 22856668
Version: 5, Version Date: 21/03/2024

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