2019-09-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                             10 SEPTEMBER 2019


Previous Council Consideration
Special Meeting, 5 June 2019, Item 1, Page 2
That Council note the report by the Coordinator Planning to the Special Meeting dated 5 June
2019 regarding application MCU18/0204 for a Development Permit for Material Change of Use
Entertainment & Dining Business - Type 1 Food & Beverage, Retail Business - Type 2 Shop &
Salon and Commercial Business Type 1 - Office, situated at 6 Heron Street Peregian Beach and:
A.     Refuse the application 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.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
Wakefield Sykes – Solicitor
Internal Consultation
Departments/Sections Consulted:
     Chief Executive Officer       Community Services                      Corporate Services
     Executive Officer             Director                                Director
     Executive Support             Community Development                   Financial Services
                                   Community Facilities                    ICT
                                   Libraries & Galleries                   Procurement & Fleet
                                   Local Laws                              Property
                                   Waste & Environmental Health            Revenue Services

     Executive Services        x   Environment & Sustainable Development   Infrastructure Services
     Director                      Director                                Director
     Community Engagement          Building & Plumbing Services            Asset Management
     Customer Service          x   Development Assessment                  Buildings and Facilities
     Governance                    Economic Development                    Civil Operations
     People and Culture            Environmental Services                  Disaster Management
                                   Strategic Land Use Planning             Infrastructure Planning,
                                                                           Design and Delivery

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