2014-06-17 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                        17 JUNE 2014


Applicant’s Representation
The requirement for a minimum of 70% of the Masters store to comprise Retail Business Type 6
– Hardware Store and Type 7 – Garden and Lifestyle Centre is unreasonable and unnecessary.
The applicant is concerned that the requirement has the potential to create enforcement
difficulties, as views may differ about the proper characterisation of the applicable definitions
under The Noosa Plan and the percentage of the store being used for each aspect. Further
having regard to the Court’s reasons for the judgement and the issues in dispute in the appeal,
the applicant is unable to identify any basis which would make such a condition lawful.

In regard to condition 4, there is nothing in the court’s judgement, which would justify the need to
limit any showroom component in the Masters store to trade related purposes only and the
applicant requests its deletion.
Assessment of Representation
It is agreed that there is no basis for council to maintain the conditions based on the judgement.
However, it is important that a floor area be specified for the ancillary café to provide clarity in the
approval.


Conditions 7, 8 & 9 – Building Height
7.     The maximum height of the main part of the Masters Home Improvement building
       (comprising the retail, timber and receiving areas) must not exceed 10 metres above
       natural ground level and finished ground levels. This shall be incorporated as part of the
       amended plans and resubmitted to Council prior to the issue of any Development Permit
       for Operational Works.
8.     The maximum height of the mechanical plant shall also comply with the height restriction
       of 10m and must be designed to integrate with the roof form. This shall be incorporated
       as part of the amended plans and resubmitted to Council prior to the issue of any
       Development Permit for Operational Works.
9.     The maximum height of the garden centre area shall not exceed 9m above ground level
       and finished floor levels, and shall include a 10 degree pitch as generally indicated on the
       approved plans. This shall be incorporated as part of the amended plans and resubmitted
       to Council prior to the issue of any Development Permit for Operational Works.
Applicant’s Representation
The applicant through negotiations has agreed to reduce the height of the main part of the
Masters building from 11.5m to a maximum of 10 metres and 9 metres for the garden centre
above finished ground level. To achieve a lesser height for the garden centre, the roof pitch has
been lowered to 5 degrees. The mechanical plant has been screened by battens, with a section
plan provided demonstrating that the mechanical plant will not be visually prominent when
viewed from the street level.
Assessment of Representation
The Noosa Plan seeks that buildings in the Shire Business Centre have a maximum building
height of 8 metres for Precincts E5 and B3 in which the Masters building is located and that
buildings are low rise and have a visual bulk and architectural scale consistent with structures on
adjoining or nearby land.

All existing buildings within Noosa Civic respect the intent of the master plan for the Shire
Business Centre in relation to building height and are generally low rise. Existing development
within the same precinct as the site (Precinct B3) is either 1 or 2 storeys and no greater than 8.5
metres in height.



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