2017-07-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      11 JULY 2017


RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 11 July 2017 regarding Planning and Environment Court Appeal D59
of 22 May 2017 and agree to defend the appeal.


REPORT
A report on this application to seek to convert existing eco-cabins (previously approved for visitor
accommodation) to detached houses (permanent living) was considered by Council at its
Ordinary Meeting on 20 April 2017.
The officer report recommended that Council refuse the application.
Council, at its Ordinary Meeting on 20 April 2017 resolved to refuse the Material Change of Use
of application for the following reasons:
1.   The proposed use, defined as a Detached House under The Noosa Plan is inconsistent
     with the long term strategic planning and is an inconsistent use in a Visitor Mixed Use zone
     and is contrary to the Overall Outcomes of the Noosa North Shore Locality Code and the
     strategic intent of The Noosa Plan, which seeks to protect substantial key sites for visitor
     accommodation, with the subject site identified as one of the key sites;
2.   The non-protection of substantial key sites for visitor accommodation will adversely impact
     upon a viable tourism economy for Noosa;
3.   The proposal has the potential to increase pressure to provide additional infrastructure and
     services on the Noosa North Shore, contrary to The Noosa Plan and Local Government
     Infrastructure Plan; and
4.   The applicant does not provide sufficient grounds to justify the conflict with the Planning
     Scheme and the proposal will not result in any significant benefits to the community.
The applicant has subsequently appealed the decision seeking that the application be approved
subject to reasonable and relevant conditions. Notably, there were 11 submitters who made a
submission against the application who have elected to join the appeal.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 20 April 2017, Item 3, Page 9
That Council note the report by the Development Planner to the Planning &
Environment Committee Meeting dated 11 April 2017 and refuse Application No. MCU16/0075
for a Development Permit for 19 Detached houses, situated at 90 Beach Road, Noosa North
Shore for the following reasons:
1.   The proposed use, defined as a Detached House under The Noosa Plan is inconsistent
     with the long term strategic planning and is an inconsistent use in a Visitor Mixed Use zone
     and is contrary to the Overall Outcomes of the Noosa North Shore Locality Code and the
     strategic intent of The Noosa Plan, which seeks to protect substantial key sites for visitor
     accommodation, with the subject site identified as one of the key sites;
2.   The non-protection of substantial key sites for visitor accommodation will adversely impact
     upon a viable tourism economy for Noosa;
3.   The proposal has the potential to increase pressure to provide additional infrastructure and
     services on the Noosa North Shore, contrary to The Noosa Plan and Local Government
     Infrastructure Plan; and
4.   The applicant does not provide sufficient grounds to justify the conflict with the Planning
     Scheme and the proposal will not result in any significant benefits to the community.


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