Appendix F - Council Report - Change Application 28.2.19 · 51997.2302.01

Noosa Council documents




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               4       CONCLUSION
               Whilst it is agreed that the structure is relatively attractive and made of lightweight materials,
               it is fairly substantial and contributes significantly to further covered areas associated with the
               development. As previously noted, the original development was approved at maximum
               gross floor area and site cover provisions. Whilst it is agreed that the structure provides
               adequate weather protection and improves the amenity for patrons, the applicant’s submission
               does not address the intent of the condition, which was to provide an open outdoor dining
               area. In accordance with the provisions in force at the time of lodgement and assessment, the
               outdoor dining area was to remain open, providing limited protection to patrons.
               The applicant’s submission is not supported.
               RECOMMENDATION
               Council refuse to delete Condition 4 of development approval 11893TC for a Multiple
               Dwelling (18 units) accommodation building (18 units) for shops, restaurant and ancillary
               facilities at 25 Hastings Street, Noosa Heads described as Lot 1-3 on RP 56505, Parish of
               Weyba, for the following reasons:-

               1.      The area was approved as an open outdoor eating area, which was to be uncovered and
                       open to the elements, or covered with a pergola or open roof structures, not including
                       walls, offering limited protection from the elements. The structure proposed is not
                       considered to be in accordance with the definition of the Planning Scheme relating to
                       open outdoor dining areas and Condition 4 reflects these provisions.
               2.      The structures on site are considered to constitute part of a building as they are bolted to
                       the ground, and have plastic infills, drop down plastic sides, reinforced rails around the
                       structures, conduits and heating located in the supports. When combined and connected
                       to the surrounding walls the structure becomes part of a building.


               Directorates/Sections Consulted:
                    Business                      Corporate Services         Community Services        X   Environ & Planning
                    Aquatic Centre                Financial Services         Art Gallery                   Building Services
                    Building Certific.Group       Information Services       Enterprise Group              Environmental Services
                    Child Care Centre             Legal Services             Environmental Health          Land Development
                    Council Laboratory            Planning & Support         Library                   X   Land Use
                    Leisure Centre                Revenue Services           Public Order and Safety       Plumbing Services
                    Water & Sewerage                                         Recreational Services         Strategic Planning
                                                                             Respite Centre
                    Works                         Human Resources            Exec. & Secretariat
                    Design
                    Survey
                    Works Administration
                    Works Implementation
                    Works Planning
                    Works Support




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                                                                                                               Print Date: 10 December 2018, 9:45 AM