Refused Decision Notice MCU19 0054

Officer: 	Glen Conforti
Direct Telephone: 	07 53296241
Our Reference:	MCU19/0054
Your Reference:	P0009660
20 January 2020
Noosa Spotlight Property 2 Pty Ltd
C/- Urbis Pty Ltd
Level 7, 123 Albert Street
BRISBANE  QLD  4000
[email protected]
Dear Sir
Decision Notice
Planning Act 2016
I refer to your application and advise that on 16 January 2020, Council decided to refuse the application.
Details of the decision are as follows:
APPLICATION details
Application No:	MCU19/0054
Street address:	2-18 & 20 Hofmann Dr Noosaville
Real property description:	Lot 1 SP 222982 & Lot 4 SP 246584
Planning Scheme:	The Noosa Plan (8 June 2018)
type of development
The application sought the following type of development approval:
Material Change of Use - Undefined Uses – Showroom, Office, Health Care Service, Indoor Sport and Recreation, Low Impact Industry and Food and Drink Outlet
reasons for refusal
1.	The proposed development being predominantly retail, does not comply with the SEQ Regional Plan’s Elements, Strategies and Outcomes relating to Goal 2 – Prosper as it is contrary to:
1.1.	Element 1 Strategy 1 as it fosters retail employment rather than employment in the export oriented and high-value sectors;
1.2.	Element 1 Strategy 7 as it is using land set aside for non-retail employment which inhibits the ability of Noosa Shire to meet employment planning baselines;
2.	The proposal does not support the Economic Vision for the Shire to create  the strong viable niche economy articulated at 1.4.3 of Division 2 Part 1 of Noosa Plan thereby protecting and enhancing the Noosa brand as the proposal introduces a small second shopping centre into the Noosa Business Centre limiting available land for growth in identified priority focus areas of wellness industries, knowledge-based businesses, education and service industries, heritage and creative arts industries.
3.	The proposal, being predominantly retail, is contrary to the Desired Environmental Outcomes 3.1.3 b) i, ii & iii of the Noosa Plan as:
3.1.	 Further large format retail is not envisaged for the centre with a proportion of Noosa’s Shire’s higher order needs intended to be fulfilled by the Principal Regional activity Centre of Maroochydore; and
3.2.	It will impact on the long term viability of the Noosa Business Centre, as the principal business, retail and administrative centre.
4.	The development application proposes uses which are inconsistent in the Shire Business Centre zone precincts B3 and E5.
5.	The proposed development is contrary Overall Outcomes 11.7.2 tt) ii, x, xi B & C of to the Noosaville Locality Code as the proposed extent of retail is not planned and significantly exceeds the retail caps set by the Noosa Plan; and
5.1.	will not support the growth of the Noosa Business Centre as being a multi-function employment node which provides for a wide range of business uses;
5.2.	will not retain the development capacity within the centre in the longer term to take advantage of potential new employment opportunities.
6.	The proposed built form, design and layout does not comply with Overall Outcomes 11.7.2 tt iv, v & viii of the Noosaville Locality Code as:
6.1.	the proposal has the characteristics of a standard retail commercial design without the architectural features unique to Noosa;
6.2.	overall the built form is more suited to retail uses than to the other uses proposed such as low impact industry;
6.3.	the applicant has not demonstrated that some buildings will be sufficiently screened from Council’s major road network;
6.4.	building 4 exceeds the maximum building height for the area and has a reduced building setback from Hofmann Drive; and
6.5.	pedestrian connectivity and access is poor.
7.	The proposal does not satisfy Specific Outcome O28 of the Landscaping Code and O17 of the Driveway and Carparking Code as the car parking area is deficient in landscaping with unsatisfactory provision for shade trees.
8.	The proposal is significantly deficient in car parking and does not comply with Specific Outcome O7 of the Noosa Plan’s Driveways and Car parking Code.
9.	The applicant has not satisfactorily demonstrated that the development will not adversely impact on the external traffic network contrary to Overall Outcomes tt) ix of the Noosaville Locality Code and 14.142.2 a) of the Transport, Roads and Drainage Code.
10.	The applicant has not demonstrated that stormwater management can be successfully and appropriately integrated into the current development layout consistent with 14.157.2 of the Water Sensitive Design Code and Specific Outcome O8 of the Transport, Roads and Drainage Code.
11.	The proposal includes clearing of significant vegetation as part of the proposed measures for stormwater management contrary to the purpose of current environmental covenants registered over the site and the Noosaville Locality Code requirements for Precinct OS3 Specific Outcomes O218 to O222 and Precinct OS6 Specific Outcomes O224 & O225.
12.	The proposal does not comply with the draft Noosa Plan as:
12.1.	the quantum of retail proposed is not envisaged on the site and does not advance nor assist in preparing for a transitioning or changing economy contrary to Strategic Intent 3.2.6 - A diverse and resilient economy and Strategic Outcomes 3.3.5(r) and (s)(i)(B);
12.2.	the proposal is not contributing to the key priority sectors identified in Strategic Intent 3.2.6;
12.3.	the proposal does not comply with PO1 of the Transport Code and PO6 of the Driveways and Parking Code as carparking is grossly deficient and the applicant has not demonstrated there will not be adverse effects on the surrounding traffic network;
12.4.	the development does not comply with Overall Outcomes 6.4.1.2 (3)(c) (iii) & 3(f) of the Major Centre Zone Code as it does not reflect  appropriate subtropical design and is not distinctively recognisable as being Noosa Style; and
12.5.	the stormwater management of the site does not comply with the Water Quality and Drainage Code Outcomes PO7 and PO11.
13.	There is no significant need for the proposed retail and the proposal fails to advance the priority sectors envisaged by Noosa’s Local Economic Plan.
14.	The proposed uses are clearly defined by The Noosa Plan and the applicant’s proposed use definitions are unnecessary, inappropriate and have the potential to cause confusion.
15.	There are no discretionary matters which would warrant approval of the development proposal.
16.	For the aforesaid reasons, approval of the development proposal would not advance the purpose of the Planning Act 2016.
referral agencies
Not Applicable
submissions
There were 3 properly made submissions about the application. In accordance with the Planning Act 2016, the name, address and electronic address of the principal submitter for each properly made submission is provided and attached.
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.
other details
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

Yours faithfully,
Kerri Coyle
Manager Development Assessment

Enc:	List of Submitters
Appeal Rights

	List of Submitters PLANNING ACT 2016 & PLANNING REGULATION 2017

Georgina Madsen	Stockwell NC Pty Ltd 399 Montague Rd WEST END [email protected]
Clint Coker	Enterprise St Sunshine Beach [email protected]
Ian Bladwin	Boral Australia PO Box 1278 Stafford [email protected]

	Appeal Rights PLANNING ACT 2016 & PLANNING REGULATION 2017

Chapter 6 Dispute resolution
Part 1 Appeal rights
229 Appeals to tribunal or P&E Court
(1)	Schedule 1 of the Planning Act 2016 states –
(a)	Matters that may be appealed to –
(i)	either a tribunal or the P&E Court; or
(ii)	only a tribunal; or
(iii)	only the P&E Court; and
(b)	The person-
(i)	who may appeal a matter (the appellant); and
(ii)	who is a respondent in an appeal of the matter; and
(iii)	who is a co-respondent in an appeal of the matter; and
(iv)	who may elect to be a co-respondent in an appeal of the matter.
(2)	An appellant may start an appeal within the appeal period.
(3)	The appeal period is –
(a)	for an appeal by a building advisory agency – 10 business days after a decision notice for the decision is given to the agency; or
(b)	for an appeal against a deemed refusal – at any time after the deemed refusal happens; or
(c)	for an appeal against a decision of the Minister, under chapter 7, part 4, to register premises or to renew the registration of premises – 20 business days after a notice us published under section 269(3)(a) or (4); or
(d)	for an appeal against an infrastructure charges notice – 20 business days after the infrastructure charges notice is given to the person; or
(e)	for an appeal about a deemed approval of a development application for which a decision notice has not been given – 30 business days after the applicant gives the deemed approval notice to the assessment manager; or
(f)	for any other appeal – 20 business days after a notice of the decision for the matter, including an enforcement notice, is given to the person.
Note –
See the P&E Court Act for the court’s power to extend the appeal period.
(4)	Each respondent and co-respondent for an appeal may be heard in the appeal.
(5)	If an appeal is only about a referral agency’s response, the assessment manager may apply to the tribunal or P&E Court to withdraw from the appeal.
(6)	To remove any doubt. It is declared that an appeal against an infrastructure charges notice must not be about-
(a)	the adopted charge itself; or
(b)	for a decision about an offset or refund-
(i)	the establishment cost of trunk infrastructure identified in a LGIP; or
(ii)	the cost of infrastructure decided using the method included in the local government’s charges resolution.
230 Notice of appeal
(1)	An appellant starts an appeal by lodging, with the registrar of the tribunal or P&E Court, a notice of appeal that-
(a)	is in the approved form; and
(b)	succinctly states the grounds of the appeal.
(2)	The notice of appeal must be accompanied by the required fee.
(3)	The appellant or, for an appeal to a tribunal, the registrar must, within the service period, give a copy of the notice of appeal to –
(a)	the respondent for the appeal; and
(b)	each co-respondent for the appeal; and
(c)	for an appeal about a development application under schedule 1, table 1, item 1 – each principal submitter for the development application; and
(d)	for and appeal about a change application under schedule 1, table 1, item 2 – each principal submitter for the change application; and
(e)	each person who may elect to become a co-respondent for the appeal, other than an eligible submitter who is not a principal submitter in an appeal under paragraph (c) or (d); and
(f)	for an appeal to the P&E Court – the chief executive; and
(g)	for an appeal to a tribunal under another Act – any other person who the registrar considers appropriate.
(4)	The service period is –
(a)	if a submitter or advice agency started the appeal in the P&E Court – 2 business days after the appeal has started; or
(b)	otherwise – 10 business days after the appeal is started.
(5)	A notice of appeal given to a person who may elect to be a co-respondent must state the effect of subsection (6).
(6)	A person elects to be a co-respondent by filing a notice of election, in the approved form, within 10 business days after the notice of appeal is given to the person.
231 Other appeals
(1)	Subject to this chapter, schedule 1 and the P&E Court Act, unless the Supreme Court decides a decision or other matter under this Act is affected by jurisdictional error, the decision or matter is non-appealable.
(2)	The Judicial Review Act 1991, part 5 applies to the decision or matter to the extent it is affected by jurisdictional error.
(3)	A person who, but for subsection (1) could have made an application under the Judicial Review Act 1991 in relation to the decision or matter, may apply under part 4 of that Act for a statement of reasons in relation to the decision or matter.
(4)	In this section –
decision includes-
(a)	conduct engaged in for the purpose of making a decision; and
(b)	other conduct that relates to the making of a decision; and
(c)	the making of a decision or failure to make a decision; and
(d)	a purported decision; and
(e)	a deemed refusal.
non-appealable, for a decision or matter, means the decision or matter-
(a)	is final and conclusive; and
(b)	may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise, whether by the Supreme Court, another court, a tribunal or another entity; and
(c)	is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
232 Rules of the P&E Court
(1)	A person who is appealing to the P&E Court must comply with the rules of the court that apply to the appeal.
(2)	However, the P&E Court may hear and decide an appeal even if the person has not complied with the rules of the P&E Court

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PO Box 141		P. (07) 5329 6500	[email protected]
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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PO Box 141		P. (07) 5329 6500	[email protected]	
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