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PLANNING & ENVIRONMENT COURT APPEAL NO 2611 OF 2024 - MCU23/0105 APPLICATION FOR A MATERIAL CHANGE OF USE FOR MULTIPLE DWELLING (6 SMALL DWELLINGS), FOOD AND DRINK OUTLET AND OFFICE AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS · Report
PLANNING & ENVIRONMENT COMMITTEE MEETING 12 NOVEMBER 2024 5.1 PLANNING & ENVIRONMENT COURT APPEAL NO 2611 OF 2024 - MCU23/0105 APPLICATION FOR A MATERIAL CHANGE OF USE FOR MULTIPLE DWELLING (6 SMALL DWELLINGS), FOOD AND DRINK OUTLET AND OFFICE AT 2 BOTTLEBRUSH AVENUE, NOOSA HEADS Author Development Assessment Manager, Patrick Murphy Development & Regulation Department Index ECM/ Application/ MCU23/0105/ Case/ AJG Property Trust & Ors Attachments 1. ATTACHMENT 1 – MCU23-0105 – CASE 2611 OF 2024 – MANAGERS REPORT 2. ATTACHMENT 2 - PROPOSAL PLANS - MCU23-0105 3. ATTACHMENT 3 - PLANNING COORDINATORS DELEGATE REPORT - MCU23-0105 EXECUTIVE SUMMARY This report advises Council that an appeal has been lodged against a decision made under delegation to refuse a development application for material change of use for Multiple dwellings, (6 small dwellings), Food and Drink Outlet and Office at 2 Bottlebrush Avenue, Noosa Heads. The application was refused by officers due to insufficient car parking and design concerns associated with: • It’s unacceptable bulk and scale. • Insufficient setbacks to Noosa Drive and Bottlebrush Avenue. • Not incorporating a mix of lightweight and textured materials. • Unarticulated roof. The matter is in order for Council to defend the appeal. RECOMMENDATION That Council note the report by the Manager Development Assessment to the Planning and Environment Committee Meeting dated 12 November 2024 regarding Planning & Environment Court Appeal 2611 of 2024 and agree to defend the appeal. REPORT Link to Corporate Plan Not Applicable Previous Council Consideration The original application was decided under delegation as the application was code assessable and would have resulted in a deemed approval as the applicant did not agree to the officer’s request to extend the decision-making period so that the matter could be considered by Council. Finance
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PLANNING & ENVIRONMENT COMMITTEE MEETING 12 NOVEMBER 2024
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Risk & Opportunities
Human Rights
In developing this Report, the subject matter has been considered in accordance with the
requirements of the Queensland Human Rights Act 2019. It is considered that the subject matter
does not conflict with any human rights and supports a human rights approach to decision making
by Council. Council representatives will endeavour to act and make decisions under this report in a
manner that is compatible with human rights. This report should be read in conjunction with
Council’s Human Rights Policy.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk
Internal Consultation
Departments consulted:
Office of the CEO, Mayor & Community Services Corporate Services
Councillors
Mayor & Councillors Director Director
Chief Executive Officer Community Development Financial Services
Executive Officers Sport & Active Lifestyles Fleet
Community Engagement Arts & Culture Revenue Services
People & Culture Community Connection ICT
Governance Customer Experience Procurement
Commercial Property
Strategy & Environment Development & Regulation Infrastructure Services
Director x Director Director
Strategic Land Use Planning x Development Assessment Infrastructure Planning, Design
and Delivery
Economic Development & Local Laws Civil and Asset operations
Destination Management
Environmental Services Environmental Health Waste
Innovation & Digital Hub Building & Plumbing Building & Facilities
Property / Permits Disaster Management