2019-06-20 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                               20 JUNE 2019


         Community Management Statement
         50.51.   Any proposed Community Management Statement required for the
              development pursuant to the Body Corporate and Community Management Act
              1997 must be submitted to Council for endorsement at the same time as
              submission of the subdivision plan to Council for compliance assessment.
         51.52.   All clauses and by-laws of the proposed Community Management Statement
              must accord with the requirements of this Decision Notice.
    B.   Enter into an Infrastructure Agreement with the applicant that provides for the dedication
         of part of the site for future widening of Diamond Lane, constructed car parking within
         the road reserve and contributions in lieu of 3 on-site car parking spaces.
    C.   Find the following sufficient grounds to justify the decision despite the conflict with the
         Planning Scheme:
         1.     The use of the land for retail businesses is consistent with the pattern of
                surrounding zoning and development.
         2.     The proposed development is compatible with other uses within proximity of the
                site and will not have any significant adverse impacts on the amenity enjoyed by
                users of other premises.
    D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                             Carried.


2   MCU18/0015 - DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE (2
    DETACHED HOUSES AND 12 MULTIPLE HOUSING - TYPE 4 CONVENTIONAL) AND
    RECONFIGURATION OF A LOT (1 INTO 4 LOTS PLUS EASEMENT) AT 27 ATTUNGA
    HEIGHTS, NOOSA HEADS
    Committee Recommendation
    Moved:             Cr Jurisevic
    Seconded:          Cr Glasgow
    That Council note the report by the Contract Planner to the Planning & Environment Committee
    Meeting dated 11 June 2019 regarding Application No. MCU18/0015 for a Development Permit
    for Material Change of Use (2 Detached Houses and Multiple Housing – type 4 Conventional
    – 12 Units) and Reconfiguring a Lot (1 into 4 lots plus Access Easement) situated at 27 Attunga
    Heights, Noosa Heads and defer the application to a future Council meeting given the applicant
    has stopped the current period as provided for under the Planning Act 2016.:
    A.   Refuse the application for the following reasons:
         1.     The proposed development is contrary to the Noosa Plan’s Strategic Framework
                and the Desired Environmental Outcomes as
                (i)    The proposal does not satisfactorily protect the site’s significant environment
                       values.
                (ii)   The proposal does not maintain a satisfactory wildlife corridor through the
                       site and intrudes into the riparian buffer to the site’s watercourse.
         2.     The proposed development is contrary to the Overall and Specific Outcomes of the
                Noosa Heads Locality Code as
                (i)    The proposed uses are inconsistent with and therefore strongly inappropriate
                       in the Open Space Conservation Zone.



                                                                                      Page 28 of 33