2019-11-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                                12 NOVEMBER 2019


5                        MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO 176 OF 2019 -
                         REFUSAL OF APPLICATION FOR MATERIAL CHANGE OF USE FOR ANCILLARY
                         DWELLING UNIT (X 16) AT 64 GATEWAY DRIVE, NOOSAVILLE
DOCUMENT INFORM AT ION




Author                               Acting Manager Development Assessment, Patrick Murphy
                                     Environment & Sustainable Development Department

Index                                ECM/ Application/ MCU19/0081 / Case/ 64 Gateway Drive Pty Ltd TTE

Attachments                          Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Acting Manager Development Assessment to the Planning &
Environment Committee Meeting dated 12 November 2019 regarding Planning & Environment
Court Appeal No. 176 of 2019 and agree to defend the appeal.



REPORT
On 19 September 2019 Council at an Ordinary Meeting resolved to refuse an application to
develop 64 Gateway Drive, Noosaville with 16 Ancillary Dwellings for the following reasons:
1.                       The proposed development is not for Ancillary dwelling units as defined under section
                         2.11.5 of the Planning Scheme because:
                          i.   multiple dwelling units are proposed on the premises;
                          ii. the proposed dwelling units are not subordinate to the non-residential use.
2.                       The proposed development is for multiple housing which under Table 11.9 of Division 10 of
                         the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring impact
                         assessment.
3.                       The proposed development is inconsistent with the Noosaville Locality Code in the
                         following respects:
                          i.   The proposed use will be incompatible with other uses and works on the premises
                               contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
                          ii. The proposed use fails to protect the subject premises for industrial functions to the
                              exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall Outcomes
                              Division 16;
4.                       The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the Detached
                         House Code as land zoned industrial is not suited for residential use and would be located
                         in the vicinity of land uses which would adversely impact the occupation and use of
                         buildings and the site by residents and would result in the residential development
                         preventing or inhibiting the conduct of existing land uses.
5.                       A number of the proposed dwelling units contain upper level storage levels directly
                         accessed by internal stairs which would not meet fire separation requirements of the
                         Building Code of Australia.
6.                       There is no planning need for the proposed development.


                                                                                                      Page 26 of 44