2020-05-18 General Committee Meeting Notes

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                            18 MAY 2020


         2.     The proposal does not comply with Specific Outcomes O15 and O77 of the
                Cooroy & Lake Macdonald Locality Code, as the proposal is not responsive to
                the natural topography, and proposes significant earthworks to create a house
                site.
         3.     The proposal does not comply with Overall Outcome 13.30.2a) and b) and
                Specific Outcomes O1and O2 of the Natural Hazards Overlay Code, as proposed
                lot 2 is located in a landslide hazard area and significant earthworks are proposed
                to create the house site potentially placing people and property at risk from future
                landslides. .
    B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                           Carried unanimously.


8   MCU20/0008 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR
    ANCILLARY DWELLING UNIT AT 1/33 GATEWAY DRIVE, NOOSAVILLE
    Committee Recommendation
    Moved:            Cr Jurisevic
    Seconded:         Cr Stewart
    That Council note the report by the Development Planner to the General Committee Meeting
    dated 18 May 2020 regarding Application No. MCU20/0008 for a Development Permit for
    Material Change of Use – Ancillary Dwelling Unit, situated at 1/33 Gateway Drive, Noosaville
    and:
    A.   Refuse the application for the following reasons:
         1.     The proposed development is not for an Ancillary Dwelling Unit as defined under
                section 2.11.5 of the Noosa Plan because:
                a)    A detached house is proposed on the premises;
                b)    The proposed dwelling unit is not subordinate to the non-residential use;
         2.     The proposed development is for a detached house which under Table 11.9 of
                Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry
                Zone requiring impact assessment.
         3.     The proposed development is inconsistent with the Noosaville Locality Code in
                the following respects:
                a)    The proposed use will be incompatible with other uses and works on the
                      premises contrary to 11.7.2(a)(i) of the Overall Outcomes Division 16;
                b)    The proposed use fails to protect the subject premises for industrial
                      functions to the exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of
                      the Overall Outcomes Division 16;
         4.     The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the
                Detached House Code as land zoned industrial is not suited for residential use
                and would be located in the vicinity of land uses which would adversely impact
                the occupation and use of buildings and the site by residents and would result in
                the residential development preventing or inhibiting the conduct of existing land
                uses.


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