2022-07-12 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           12 JULY 2022


current floor plan of the development. The purpose of the outcome is to ensure that a wide section
of the community including people with limited mobility can access at least one of the three units.
The provisions ensure there is access for persons who are not capable of accessing a unit via a
staircase. Should the development not require safe, continuous, and step-free path of travel from
the car park, with a step free entrance door and including a bathroom on the entry level this unfairly
excludes a demographic of the community.
The applicant has raised that the provision in the scheme is invalid and conflicts with the National
Construction Code (NCC). The provision of the Noosa Plan 2020 is not in conflict with the NCC.
The planning scheme requires a higher standard of development than the NCC, which is similar in
nature to the scheme’s alternative provisions to the Queensland Development Code, i.e. building
setbacks, built form or the alike.
The applicant has provided detail relating to affordability, construction, and maintenance costs of
providing a lift to allow for an insight of financial cost of a lift to service the development. Financial
implications or circumstances of a person/s cannot be taken into consideration when undertaking
assessment of an application as per section 43 (2) of the Planning Act 2016. Further to this, it is to
be noted that the applicant’s representations refers to all three units being serviced by a lift,
whereas the condition imposed is reflective of the Acceptable outcome which outlines only one of
the three units.
There is a clear nexus between the imposition of the condition and the proposed development, and
the condition is considered reasonable and relevant. Therefore the removal of the condition is not
supported. The further information provided by the applicant does not address condition 2.1 of the
Preliminary Approval and therefore it is recommended that the condition be maintained and the
approval remain as a Preliminary Approval.
It is acknowledged by Council Officer’s that the non-compliance with the requirement was not
identified until late into the assessment of the application, however, this does not warrant the
requirement of the Noosa Plan 2020 to be overridden or relaxed.




                                        Figure 4 – Floor Plans


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