2022-12-06 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 6 DECEMBER 2022


5.   REPORTS FOR CONSIDERATION OF THE COMMITTEE


1    MCU22/0060 - PLANNING & ENVIRONMENT COURT APPEAL NO BD2147 OF 2022 –
     APPLICATION FOR A DUAL OCCUPANCY AT 6 MARGIT CRESCENT, SUNRISE
     BEACH
Author           Acting Manager Development Assessment Patrick Murphy
                 Environment & Sustainable Development

Index            ECM/ Application/ MCU22/0060/ Case/ Sunshine Enterprises Pty Ltd

Attachments      Nil


EXECUTIVE SUMMARY
This report provides advises Council that an appeal has been lodged against a decision made
under delegation by officers to refuse a dual occupancy development at 6 Margit Crescent, Sunrise
Beach.
The application was refused by officers due to non-compliance with the Noosa Plan 2020
requirements for site cover, plot ratio, asymmetrical design and stormwater design concerns.
The matter is in order for Council to defend the appeal.
RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 6 December 2022 in relation to Planning & Environment
Court Appeal BD2147 of 2022 and approve the defence of the appeal.



REPORT
On 19 August 2022 Council officers under delegation refused a development application for a dual
occupancy at 6 Margit Crescent, Sunrise Beach for the following reasons:
1.   The proposal results in a development that does not comply with the following provisions of
     the Noosa Plan 2020 Medium Density Residential Zone Code in respect to the following:
     a.    Overall Outcome (2)(c) and PO9 as the proposal does not maintain a low scale
           character consistent with the look and feel of the neighbourhood and will have a built
           form that presents an appearance of bulk to adjacent properties and the streetscape.
     b.    Overall Outcome (2)(g) as the proposal does not include small dwellings to increase
           housing choice.
     c.    Performance Outcomes PO9 and PO10 as the proposed site cover exceeds 40% of
           the site area and the proposed dwelling units are not small dwellings;
     d.    Performance Outcome PO11 as the proposed plot ratio exceeds 0.4:1 and the
           proposed dwelling units are not small dwellings.
     e.    Acceptable Outcome AO14.1 and Performance Outcome PO14 as the proposed
           development
            i.   does not provide sufficient visual interest to the street as it has not satisfactorily
                 highlighted the individual dwelling units and provided an asymmetrical design
                 street presentation and


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