2019-09-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                             10 SEPTEMBER 2019


5                        MCU18/0204 PLANNING & ENVIRONMENT COURT APPEAL NO 2352 OF 2019 -
                         REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR OFFICE,
                         RESTAURANT & SHOP AT 6 HERON ST, PEREGIAN BEACH
DOCUMENT INFORM AT ION




Author                               Manager Development Assessment, Kerri Coyle
                                     Environment & Sustainable Development Department

Index                                ECM/ Application/ MCU18/0204 / Case/ Andema Pty Ltd TTE

Attachments                          Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 September 2019 regarding Planning & Environment
Court Appeal No. 2352 of 2019 and agree to defend the appeal.

REPORT
On 5 June 2019 Council at a Special Committee meeting resolved to refuse an application to
redevelop 6 Heron St, Peregian Beach for a 3 storey building to accomodate offices, restaurant
and shop for the following reasons:
1.                       The proposed development is contrary to the Overall and Specific Outcomes of the Eastern
                         Beaches Locality Code as the development is not compatible with the preferred built form
                         outcomes as:
                         i.     The proposed building height exceeds 8.0 metres and 2 storeys and is not consistent
                                with structures on adjoining and surrounding land nor responsive to the informal
                                beachside character of the locality;
                         ii.    The development presents as a 3 story building and does not contribute to an
                                informal village-like atmosphere that engenders a ‘sense of space’ and public focus
                                for local community interaction and activity;
                         iii.   The proposed development will visually dominate the street, adjacent properties,
                                surrounding spaces and the existing skyline;
                         iv.    The proposed development exceeds the allowable plot ratio and results in a building
                                which presents an appearance of excessive bulk to adjacent properties, roads and
                                other areas in vicinity of the site.
                         v.     The proposed development does not present subtle changes in colours, textures and
                                materials to break up the building facades.
2.                       The development is contrary to the Driveways and Carparking Code as the proposal does
                         not provide any car parking on site and the car parking demand is likely to exceed the car
                         parking demand generated by the previous use of the site for a grocery store.
Notably, the matter was referred to a Special Meeting of Council due to the significance of the
site in Peregian village and as the application was required to follow a code assessment process
and there was a risk of the applicant lodging a ‘deemed approval’.
As a result of Council’s decision to refuse the application, the applicant has now lodged an
appeal to the Planning & Environment Court. The applicant seeks that the development should
be approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.

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