2022-07-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              12 JULY 2022



Application No       Applicant           Application Details      Fees & Charges Policy      Fee proposed

SPS21/0211           Applicant –         Request to be                           $1,415           $1,415
                     Pivotal             assessed under the
                     Perspective – 59    Superseded
                     Wyuna Drive         Planning Scheme for
                     Noosaville          a Detached House
                                         for Short Term
                                         Accommodation

An application under the Superseded Planning Scheme for use of a dwelling for short term accommodation
was previously lodged and refused, with the primary reason being that the owner was not an affected
owner given the land was transferred after the commencement of the Noosa Plan 2020. The applicant is
seeking to relodge the same application on the basis that the contract to purchase the land went
unconditional prior to the commencement of the Noosa Plan 2020 - and so this provides a basis for the
purchaser (later owner of the subject land) to assert that they are a person with an interest in the premises
at the time an adverse planning change starts to have effect for the premises – for the purpose of s 31
(Claiming Compensation) of the Planning Act 2016. The applicant seeks a reduction to the application fee
to $213 being an administrative charge in the fees and charges policy.
The proposed fee variation is not supported given the contract was not provided with the previous
application to Council and legal advice has been required to clarify the Planning Act 2016 provisions
around what constitutes an affected owner.




Application No        Applicant          Application Details      Fees & Charges Policy      Fee proposed

MCU21/0154            Applicant – B &    Home Based                              $3,831            $1,195
                      A Neilson C/-      Business – Small
                      RG Strategic –     Scale Meat
                      82 Patterson       Processing
                      Drive
                      Tinbeerwah
This application is for a Home Based Business (Small Scale Meat Processing). The application is impact
accessible given the proposal constitutes an industrial activity. The applicant requests Council consider a
fee reduction for the following reasons:
•       With the exception of item b) in the assessment table (industry activities), the proposed operation
        of the small-scale meat processor is consistent with the requirements for Accepted Development,
        and no assessment would normally be required by Council.
•       The proposed operation is for a small scale (maximum of 5 animals per week) Home-based
        Business.
•       The assessment of a Home-based Business use would mainly consider potential issues concerning
        amenity (noise) and traffic. The proposed use will not generate any noise outside the existing shed
        and the use is operated solely by a resident of the property, and no additional traffic is generated.
•       The proposed is a niche business which will contribute to Noosa’s economy and helps to protect
        the natural environment by harvesting a non-native species.
The applicant requests the minimum fee be applied as the only aspect requiring assessment by Council
is very minor and they had understood from Council officers that no application was required.
It is recommended that the minimum fee of $1,195 is considered appropriate.




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