Delegated Report - Code - Planning - OPW25 0176 (As Published) · OPW25/0176

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                                       Figure 1 – Locality




                                       Figure 2 – Site Plan



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Document Set ID: 25004034
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               2.     APPLICATION BACKGROUND
               On 3 November 2025, Council issued a Confirmation Notice.
               On 18 November 2025, Council issued a Further Advice to the applicant, requesting further
               information to address the proposed loss of on-street parking.
               On 21 November 2025, the applicant provided a response to Council’s Further Advice. The
               response was unsatisfactory in addressing the loss of on-street parking.
               On 15 December 2025, the applicant requested an on-site meeting with Council to discuss their
               response to the Further Advice.
               On 16 December 2025, Council advised the applicant that the response was unsatisfactory in
               addressing the Further Advice and that without an alternate proposal addressing the Further
               Advice Council would not attend an on-site meeting.
               On 8 January 2026, Council advised the applicant that the application was due to be decided on
               13 January and recommended to stop the current period for 130 business days to prepare a
               response to the Further Advice.
               On 12 January 2026, the applicant requested to stop the current period for 130 business days.
               Council stopped the decision period for 130 business days and advised the applicant that the
               decision period would recommence on 17 July 2026.
               The application recommenced on 17 July 2026 and is due to be decided by Council on 20 July
               2026.
               To date, no further communications occurred between Council and the applicant.
               3.     SITE DETAILS
               3.1. Site History
               There is no higher order requiring these works.
               3.2. Site Description
               The site includes an existing 3 storey dwelling and is serviced by an existing driveway crossover
               at the beginning of the cul-de-sac.
               3.3. Surrounding Land Uses
               Residential, Environmental Management and Conservation Zone.
               4.     ASSESSMENT
               The proposal seeks to construct a secondary driveway crossover at Pitta Street, Peregian Beach
               to service a future carport. An application to Council (Development Assessment and Building &
               Plumbing) has not been received.
               The proposed location of the second driveway crossover would result in the loss of an existing on-
               street, line-marked carpark.
               The applicant has not sufficiently addressed Council’s Further Advice which sought the applicant
               to demonstrate how the driveway crossover would not result in a net loss of on street carparking.




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                                           Figure 3 – Existing on-street carpark to be removed

               4.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •        State Planning Policy;
               •        South East Queensland Regional Plan;
               •        Planning Regulation 2017; and
               •        Noosa Plan 2020 (26 September 2025).
               4.2. Noosa Plan 2020
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •        Low Density Housing Code
               The application has been found to conflict with all applicable statutory instruments. The pertinent
               issues arising out of the assessment are discussed below:
               4.2.1.     Low Density Housing Code
               Acceptable Outcome 14.1 of the code states:
                        Only one driveway and crossover is provided.
               The proposal is for a second driveway crossover to Pitta Street. The proposal does not satisfy the
               Acceptable Outcome and falls to the corresponding Performance Outcome for assessment.
               Performance Outcome 14 of the code states that:
                        Driveways and crossovers are located so they do not impede the safe and efficient use of
                        the road network.
               The performance outcome seeks to ensure that driveways and crossovers do not compromise the
               safety and efficient use of the road network. In this instance, the location of the proposed driveway
               crossover will result in the loss of an existing, line-marked, on-street carpark. Council considers
               that the loss of on street carparking is contrary to the use of Pitta Street as an Urban Local road,
               as defined by Council, pursuant to Table SC6.7.2 of Planning Scheme Policy 6 Engineering Design
               Standards.

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               Council considers the proposed driveway crossover is unsatisfactory in addressing the
               performance outcome due to the loss of one (1) on-street carpark.
               The proposal falls to assessment against the overall outcomes of the code
               Overall Outcome 2(f) of the code states that:
                         The overall outcomes sought for the Low Density residential code [error in Scheme] are: …
                         (f) Driveways and crossover provide safe and reasonable vehicle access from the
                         carriageway to the property boundary, minimise adverse effects on Council’s infrastructure
                         and ensure safety for all users of the footpath.
               The proposal does not satisfy the overall outcome of the Low Density Housing Code the secondary
               dwelling adversely effects Council’s existing infrastructure on Pitta Street by resulting in the loss of
               an existing on-street carpark.
               5.        CONSULTATION
               5.1. Referral Agencies
               Not Applicable
               5.2. Internal Council Referrals
               Not applicable
               6.        CONCLUSION & REASONS FOR DECISION
               The proposed development conflicts with the requirements of the planning scheme and raises
               significant issues that cannot be addressed by reasonable and relevant conditions. The application
               is therefore recommended for refusal.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No OPW25/0176 for Operational Works - Vehicle Crossover situated at
               2 Pitta St Peregian Beach Qld 4573 and described as Lot 714 P 93127, it is recommended the
               application be refused in accordance with the following details for the Decision Notice:
                    1. APPLICATION DETAILS

                         Application No:        OPW25/0176

                         Street address:        2 Pitta St, Peregian Beach Qld 4573

                         Real         property Lot 714 P 93127
                         description:

                         Planning Scheme:       Noosa Plan 2020 (26 September 2025)

                    2. TYPE OF DEVELOPMENT

                    The application sought the following type of development approval:
                    • Operational Works - Vehicle Crossover
                    3. REASONS FOR REFUSAL

                    Council decided to refuse the application for the following reasons:
                    1.    The proposal does not comply with Overall Outcome 2(f) of the Low Density Housing Code
                          as the development will adversely affect Council’s infrastructure by resulting in the loss of
                          an on-street carpark on Pitta Street.



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                   2.   The proposal does not comply with Acceptable Outcome 14.1 and corresponding
                        Performance Outcome 14 of the Low Density Housing Code as the second driveway
                        crossover will impede efficient use of the road network by removing an on-street carpark
                        on a road that is anticipated to allow for on-street parking pursuant to Table SC6.7.2 of
                        Planning Scheme Policy 6 Engineering Design Standards.
                    4. REFERRAL AGENCIES

                    Not applicable.
                    5. SUBMISSIONS

                    Not applicable.
                    6. RIGHTS OF APPEAL

                    You are entitled to appeal against this decision. A copy of the relevant appeal provisions from
                    the Planning Act 2016 is attached.
                    7. OTHER DETAILS

                    If you wish to obtain more information about the decision, electronic copies are available online
                    at www.noosa.qld.gov.au or at Council Offices.




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Document Set ID: 25004034
Version: 3, Version Date: 24/07/2026