2019-11-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                              12 NOVEMBER 2019


7.   The proposed development is inconsistent with the existing development approval in effect
     for the development of the site for industrial uses and represents a piecemeal
     development.
8.   The proposed development is contrary to PO7 of the Low Impact industry Zone Code of the
     draft New Noosa Plan provisions which reinforce that caretakers uses are to be
     subordinate to the industrial uses on the site and include only one caretaker per site.
As a result of Council’s decision to refuse the application, the applicant has now lodged an
appeal to the Planning & Environment Court. The applicant seeks that the development should
be approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting, 19 September 2019, Item 3, Page 10
That Council note the report by Manager Development Assessment to the Planning &
Environment Committee Meeting dated 10 September 2019 regarding Application No
MCU19/0081 for a Development Permit for Material Change of Use for 16 Ancillary Dwelling
Units situated at 64 Gateway Drive Noosaville and
A.   Refuse the application 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.
     7.    The proposed development is inconsistent with the existing development approval in
           effect for the development of the site for industrial uses and represents a piecemeal
           development.
     8.    The proposed development is contrary to PO7 of the Low Impact industry Zone Code
           of the draft New Noosa Plan provisions which reinforce that caretakers uses are to be
           subordinate to the industrial uses on the site and include only one caretaker per site.
B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016



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