2014-01-20 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                           20 JANUARY 2014


COMMUNITY & DEVELOPMENT

6.4. DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR SHOPPING
     CENTRE AT 5-7 RUFOUS STREET, PEREGIAN BEACH – PLANNING &
     ENVIRONMENT COURT APPEAL (MULTISPAN) – MCU13/0092

     Cr Wilkie declared a conflict of interest in this matter (as defined in section 173 of the Local
     Government Act 2009) due to him previously making a personal submission against the
     Development Application, prior to his election as Councillor. Cr Wilkie left the meeting room for
     the debate and decision on this matter.

     Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of
     the Local Government Act 2009) due to his new pending membership of the Peregian Beach
     Community Association who have previously made a submission against the Development
     Application. Cr Jurisevic believed he could consider this item impartially and in the public
     interest and therefore remained in the meeting room for the debate and decision on this matter.

     Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of
     the Local Government Act 2009) due to a friend’s ownership of a retail store near to, and in
     possible competition to, the proposed development site. Cr Pardon believed he could consider
     this item impartially and in the public interest and therefore remained in the meeting room for
     the debate and decision on this matter.

     Council Resolution

     Moved:             Cr Wellington
     Seconded:          Cr Bolton

     That Council advise the Planning & Environment Court that, were it in a position to
     determine the application, would REFUSE Application No. MCU13/0092 for a Development
     Permit for Material Change of Use (Entertainment & dining Type 1 - Food & beverages,
     Commercial Type 1 – Office, and Retail business Type 2 - Shop & Salon) situated at 5-7
     Rufous St, Peregian Beach for the following reasons:
     1.    the proposed development does not comply with the Overall Outcomes of The Noosa
           Plan’s Eastern Beaches Locality, Business Uses, Community Uses, Driveways and
           Carparking, and Transport, Roads & Drainage Codes
     2.    the proposed development would effectively form a second shopping centre at
           Peregian Beach, is likely to adversely impact on the role and function of the Peregian
           Beach village and presents a poor unappealing urban design outcome
     3.    the proposal will alienate land intended for open space recreation purposes and the
           applicant has not demonstrated that the community would not be disadvantaged by
           the loss of open space recreation land
     4.    the development would have unacceptable impacts on traffic operations and traffic
           safety at the intersection of Woodland Drive and David Low Way, and in Rufous
           Street
     5.    traffic generated by the development proposed would have significant adverse
           impacts on the amenity of existing residences nearby and
     6.    the proposed development raises significant conflicts with The Noosa Plan and there
           are insufficient grounds to justify the conflict with planning scheme, particularly as
           there is no exceptional or urgent need for the proposal, with the level of need
           undermined by the site’s location and the community’s clear objection.
                                                                                         Carried.
     (Cr Wilkie was absent for the vote on this item. Crs. Jurisevic and Pardon voted
     in favour of the motion).
Noosa Shire Council                                                                        Page 5 of 7
                          This is not an official copy of Council’s Minutes