2021-12-16 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                              16 DECEMBER 2021


    Noise Nuisance
    16.   Noise emission from mechanical equipment shall comply with the following
          requirements:
          a)     Air-conditioning, Compressor and Refrigeration Equipment
                     7am to 10pm: Maximum background + 5dB(A)
                     10pm to 7am: Maximum background + 3dB(A)
                     The background noise level is that measured in the absence of the problem
                      noise.
          b)     Other Mechanical Equipment
                    7am to 7pm: Maximum background + 5dB(A)
                    7pm to 10pm: Maximum background + 3dB(A)
                    10pm to 7am: No audible noise.
                    The background noise level is that measured in the absence of the problem
                     noise.
    B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



2   MCU20/0073.01 - OTHER CHANGE TO A DEVELOPMENT APPROVAL A MATERIAL
    CHANGE OF USE FOR MULTIPLE HOUSING, TO INCLUDE SHORT TERM
    ACCOMMODATION, SITUATED AT 13 & 15 PARK CRESCENT SUNSHINE BEACH
    In accordance with Chapter 5B of the Local Government Act 2009, Cr Lorentson provided the following
    declaration to the meeting of a declarable conflict of interest in this matter:
    I, Cr Lorentson, inform the meeting that I have a declarable conflict of interest in this matter due to my
    personal relationship with the applicant Mark Bain and the Bain Family who are family friends. We have
    attended social events together, and our children have attended school together. As a result of my
    conflict of interest, I will leave the meeting room while the matter is considered and voted on.
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 7 December 2021 regarding Application No. MCU20/0073.01 for an
    Other Change to a Material Change of Use Multiple Housing to include Short Term
    Accommodation, situated at 13 & 15 Park Cres Sunshine Beach and:
    A.    Refuse the application for the following reasons:
          1.     The proposal is not consistent with Strategic Intent and Outcomes for the Shire as
                 increased visitor accommodation is not sought or needed for the area and visitor
                 accommodation will further erode the permanent housing in the area, impacting
                 permanent resident amenity.
          2.     The proposal is not consistent with 6.3.3.2 Purpose and Overall Outcomes (2)(a)
                 and (j) of the High Density Residential Zone Code as:
                     a. The proposal seeks to establish a new short-term visitor accommodation
                        facility within residential dwellings, and not located within a well-established
                        resort or holiday units.
                     b. There are a number of sites advertised as being available for visitor
                        accommodation in the immediate neighbourhood and zoned high density
                        residential.
          3.     The proposal is not consistent with 7.2.6.2 Purpose and Overall Outcomes (2)
                 (v)(iii) and Performance Outcomes PO2 of the Coastal Communities Local Plan
                 Code as:
                     a. The extent of visitor accommodation has started to erode the available
                        supply of permanent housing in the local plan area.

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