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2022-10-11 Planning & Environment Meeting Agenda

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                           AGENDA


   Planning & Environment
     Committee Meeting


              Tuesday, 11 October 2022


                     commencing at 9.30am
           Council Chambers, 9 Pelican Street, Tewantin



Committee: Crs Tom Wegener (Chair), Karen Finzel, Clare Stewart, Brian Stockwell




                       “Noosa Shire – different by nature”
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Section 2

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA               11 OCTOBER 2022


TABLE OF CONTENTS



ITEM                                                                     PAGE

1.     ATTENDANCE & APOLOGIES                                                3

2.     CONFIRMATION OF MINUTES                                               3

3.     PRESENTATIONS                                                         3

4      DEPUTATIONS                                                           3

5.     REPORTS FOR CONSIDERATION OF THE COMMITTEE                            4


       1   132008.176.04 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD FOR A
           DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES -
           RESORT DEVELOPMENT COMPRISING A MULTIPLE DWELLING (109
           DWELLING UNITS) AND ACCOMMODATION BUILDING (90 ACCOMMODATION
           UNITS) AND ANCILLARY FACILITIES AT 3 AND 7 SERENITY CLOSE, NOOSA
           HEADS                                                            4


       2   PLANNING & ENVIRONMENT COURT APPEAL NO D129 OF 2022 –
           APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
           SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 2 GANNET ST,
           PEREGIAN BEACH                                                  13


       3   PLANNING & ENVIRONMENT COURT APPEAL NO D130/22 OF 2022 –
           APPLICATION FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 &
           SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 FOR 1/6 CRANK ST,
           SUNSHINE BEACH                                                   15


6.     REPORTS FOR NOTING BY THE COMMITTEE                                  17


       4   PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
           AUGUST 2022                                                  17


7.     CLOSED SESSION                                                 35




                                                                   Page 2 of 35

Section 3

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                       11 OCTOBER 2022




1.   ATTENDANCE & APOLOGIES




2.   CONFIRMATION OF MINUTES

     The Minutes of the Planning & Environment Committee Meeting held on 6 September 2022
     be received and confirmed.




3.   PRESENTATIONS

     Nil.




4    DEPUTATIONS

     Nil.




                                                                            Page 3 of 35

Section 4

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 11 OCTOBER 2022


5.      REPORTS FOR CONSIDERATION OF THE COMMITTEE


1       132008.176.04 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD FOR A
        DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES - RESORT
        DEVELOPMENT COMPRISING A MULTIPLE DWELLING (109 DWELLING UNITS) AND
        ACCOMMODATION BUILDING (90 ACCOMMODATION UNITS) AND ANCILLARY
        FACILITIES AT 3 AND 7 SERENITY CLOSE, NOOSA HEADS

Author                Coordinator Planning, Patrick Murphy
                      Environment and Sustainable Development Department

Index                 ECM/Application/132008.176.04

Attachments           Nil


     APPLICATION DETAILS

     Applicant                        CBD Settlers Cove Pty Ltd
     Proposal                         Extension to Currency Period

     Development Approval             Material Change of Use - Extension to Currency Period

     PROPERTY DETAILS

     Property Address                 3 and 7 Serenity Close Noosa Heads

     RP Description                   Lots 10 and 11 on SP195871

     Land Area                        Lot 10 – 12.16 ha
                                      Lot 11 - 11.88 ha

     Existing Use of Land             Vacant with a sales office on Lot 11.

     STATUTORY DETAILS

     SEQRP Designation                Urban Footprint

     Locality                         Noosa Heads

     Zone                             Tourist Accommodation
                                      Environment Management and Conservation

     Overlays                         Acid Sulfate Soils
                                      Biodiversity, Waterways and Wetlands
                                      Bushfire Hazard
                                      Landslide Hazard

     Assessment Type                  Minor Change to Approval

EXECUTIVE SUMMARY
The application for an extension to the currency period for 132008.176.04 which approves a
Material Change of Use - Resort Development comprising a Multiple Dwelling (109 Dwelling Units)
and Accommodation Building (90 Accommodation Units) and Ancillary Facilities is recommended
for refusal. The existing approval is over 14 years old and was approved under a Superseded
Planning Scheme that has since undergone a significant review twice. Whilst the intent of the site
for use as a resort has not altered under the Noosa Plan 2020, State legislative requirements and

                                                                                        Page 4 of 35

Section 5

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                              11 OCTOBER 2022


mapping regarding Koala and Bushfire have altered and no review has been undertaken as to
whether the proposal meets the State requirements.
The surrounding area has also experienced significant change since approval of the development
and due to the extended time frame a significant portion of the current community may not be
aware of the development or have had the opportunity to comment on the proposal.
RECOMMENDATION
That Council note the report by the Coordinator of Planning to the Planning & Environment
Committee Meeting dated 11 October 2022 regarding Application No. 132008.176.04 for an
extension to the currency period for Material Change of Use - Resort Development comprising a
Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units)
and Ancillary Facilities situated at 3 and 7 Serenity Close, Noosa Heads and described as Lots 10
and 11 on SP195871 and
A.   Refuse to extend the currency period for the following reasons:
     1.    The existing approval is over 14 years old and the surrounding community are unlikely
           to be aware of the proposal or the impacts to the area. This community has had no
           opportunity to comment and may raise submissions to the development;
     2.    The planning scheme has changed since the approval was issued with Bushfire
           Mapping increasing from Medium Potential Bushfire Intensity (Superseded Noosa Plan
           2006) to High Potential Bushfire Intensity (Noosa Plan 2020). The current approved
           Bushfire Management Plan, places unreasonable burden on Council of removing fuel
           by hand from the adjoining parkland and potentially places future residents and
           buildings at an unreasonable level of risk as defined in the Bushfire Resilient
           Communities Natural Hazards, Risk and Resilience State Planning Policy Guide;
     3.    State Legislation regarding Koalas has altered since issue of the original approval and
           the application to extend the currency period in 2013, and no assessment as to whether
           the proposal complies with the legislation has been provided;
     4.    The owner of the site has not undertaken any operational works that demonstrate a
           commitment to development of the site.
B.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.   PROPOSAL
Lots 10 and 11 currently benefit from a development approval (2008/076) which approves a
Material Change of Use - Resort Development comprising a Multiple Dwelling (109 Dwelling Units)
and Accommodation Building (90 Accommodation Units) and Ancillary Facilities on the site. The
development approval has a currency period that expires on 8 April 2022 and the applicant seeks
approval to extend this currency period a further 12 months until 8 April 2023.
In support of the extension the applicant advises:
•    Calile Malouf Investments Pty Ltd have entered into a contract to purchase the land and
     intend to develop the site for a resort consistent with the Tourist Accommodation zoning.
•    The extension will enable Calile Malouf Investments Pty Ltd time to prepare and lodge a
     change application for a resort development on the site.
•    The subject site represents the final stage of the master planned concept.
•    There has been no change to the development intent for the site since the Development
     approval was given.
•    There is a high degree of consistency between the assessment benchmarks in both the
     superseded and existing schemes.

                                                                                    Page 5 of 35

Section 6

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                  11 OCTOBER 2022


2.   BACKGROUND
The site comprises lots 10 and 11 of Residential High Density lots created under development
approval 23118DA in 2003 for Settler’s Cove on the southern banks of Noosa Inlet /Weyba Creek.
The original approval established the following:
•     A combination of Residential High Density and Detached Housing allotments;
•     Developable areas within those lots, with retained vegetation and environmental corridors
      within lots protected under covenants; and
•     Public conservation land dedications of approximately 20Ha of significant environmental
      areas.
Figure 1 below illustrates the approved lots and environmental areas of the Settlers Cove Master
Plan.




                         Figure 1- Plan illustrating Settlers Cove Master Plan

In 2008, Council considered an application for a Material Change of Use of Premises (Resort
Development comprising Multiple Dwelling – 109 Dwelling Units) and Accommodation Building (90
Accommodation Units) and Ancillary Facilities over lots 10 and 11 under a Superseded Planning
Scheme (1985 scheme) which was approved by Council on 8 April 2010.
21 properly made submissions and 6 not properly made submissions were received in response
to advertising of the application. The submitters were concerned with a number of aspects of the
development including its scale, location, traffic and access, pedestrian paths, the environment
including habitat trees and, noise impacts. A submitter appeal was lodged against the Council
approval, with a Court Order subsequently issued on 14 October 2011 approving the development.




                                                                                      Page 6 of 35

Section 7

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 11 OCTOBER 2022


Figure 2 below provides an extract of the approved footprint and elevations of the development.




                               Figure 2- Approved Resort MCU2008/0176

On the 6 December 2013, the Environment Court approved a change to condition 35 - extending
the relevant period until 8 April 2017 and included an additional condition for a monetary
contribution of $44,160 for the offset of 44 koala habitat trees. The applicant subsequently paid the
contribution, with Council using the money for the planting and maintenance of 300 koala habitat
trees within the Girraween Nature Refuge.
On 5 January 2017, the applicant sought a further 4-year extension to the approval. Due to changes
in the legislation, the request to extend the currency period was able to be considered by Council
and not the Court. The request was approved by delegation noting that application was consistent
with the relevant State and Noosa Plan requirements. Additional infrastructure charges for missing
networks were included as part of the approved extension to currency.
3.    ASSESSMENT
The applicant has requested an extension to the currency period to the development approval
under section 86 of the Planning Act 2016 for a further 12 months. In accordance with Section
87(1) of the Planning Act 2016, in deciding an extension application the assessment manager may

                                                                                       Page 7 of 35

Section 8

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                    11 OCTOBER 2022


consider:
…any matter that the assessment manager considers relevant, even if the matter was not relevant
to assessing the development application.
In deciding the application, the assessment manager may also:
(i)     give the extension sought
(ii)    refuse the extension sought, or
(iii)   extend the currency period for a period that is different from the extension sought.
If the extension application is refused, the development approval will lapse (unless the applicant
appeals the decision) and a fresh application will be required to be lodged and assessed by Council
under current scheme and legislative requirements.
Planning Scheme Requirements
Since approval under the Superseded 1985 Planning Scheme 14 years ago, two new planning
schemes have been adopted by Council, including the Superseded 2006 Noosa Plan and the
current Noosa Plan 2020. The provisions of the three schemes are similar as demonstrated by the
table prepared by the applicant in Figure 3 below. It is noted that the Noosa Plan 2020 includes
new design provisions relating to measurement of setbacks, basements and carparking. The
variation to the basement design provisions relate to how a basement is measured in relation to
the natural and finished ground level, notwithstanding the inclusion of a basement within a
development on this site does not raise concern. With regards to carparking, the current scheme
does not stipulate a rate and a traffic report would be required to determine the required number
of spaces whereas the 1985 scheme effectively required 1.5 spaces per accommodation unit.




                     Figure 3- Applicant’s comparison of Planning Scheme requirements



                                                                                        Page 8 of 35

Section 9

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                11 OCTOBER 2022


A review of the zoning and overlays of the three schemes is detailed in Figure 4 and indicates
that the zoning has remained similar with the overlay mapping slightly changing.

                  Superseded      1985    Superseded    2006   Noosa     Noosa Plan 2020
                  Planning                Plan

 Zoning




 Acid
 sulfate,
 landslide
 and
 bushfire




 Environment
 / Biodiversity




 Bushfire
 (2020)




 Landslide
 Hazard
 (2020)




 Koala
 mapping




                               Figure 4- Comparison of Planning Scheme




                                                                                     Page 9 of 35

Section 10

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                               11 OCTOBER 2022


Koala Mapping
The site is mapped as containing Core Koala Habitat as detailed in figure 5 below. In accordance
with the Planning Regulation 2017, development interfering with koala habitat area is assessable
development and requires assessment against the State Development Provisions. The Outcomes
of the State Code require development to not cause an unacceptable impact on mapped habitat
areas and not result in a significant residual impact unless an offset is provided. Assessment
against the Sate Code is not required where the development is carried out in accordance with an
existing development approval.
The owner of the site paid a contribution to Council in 2013 to offset the removal of Koala habitat
trees associated with the development approval. A review of the current State Code and
preliminary discussions with the State Government indicate that the State Code does not reference
previous offset requirements and therefore any new development will need to be address the
current State Code.




                             Figure 5- Koala Habitat Area (State mapping)

Bushfire
A Fire Management Plan (FMP) was prepared in 2005 for the original Settlers Cove masterplan
development and the Plan has not been updated. It is noted that no specific Bushfire Assessment
was undertaken for the proposed resort application as the development was considered to be
consistent with the approved FMP over the entire area.
The Bushfire mapping for the site has changed since approval of the original FMP with the mapped
area extending further southwards and being increased from Medium Potential Bushfire Intensity
(Superseded Noosa Plan 2006) to High Potential Bushfire Intensity (Noosa Plan 2020).
Council has engaged an external bushfire consultant who has reviewed the 2005 Fire Management
Plan and advised that the FMP is not satisfactory, with the advice including the following:
1    The Settlers Cove development abuts a large, vegetated area of mixed vegetation
     communities including sedgelands, disturbed Melaleuca quinquenervia wetlands and small
     patches of Eucalyptus robusta, Syncarpia glomulifera and Melaleuca quinquenervia open
     forest to woodland.
2    Under the current Noosa Plan (2020) all of the surrounding lots are zoned, or include,
     Environmental Management and Conservation Zone.



                                                                                    Page 10 of 35

Section 11

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                    11 OCTOBER 2022


3     The existing Fire Management Plan – Settlers Cove (WMC Oceanics, dated 5 July 2005) is
      now some years old and is now not contemporaneous with the current bushfire hazard
      mapping methodology or mapping.
4     The superseded Noosa Plan Bushfire Hazard Overlay Map mapped a polygon of Medium
      bushfire hazard over the development area but not the waterway corridor.
5     The latest Noosa Plan bushfire hazard overlay mapping identifies area of medium potential
      bushfire intensity over the site and part of the waterway corridor to the south.
6     The latest SPP Natural hazards, Risk and Resilience Bushfire hazard mapping maps a
      polygon of high potential bushfire intensity over the development footprint and the adjacent
      waterway corridor to the south.
7     The approved Bushfire Management Plan requires hand removal of fuel from within the now
      Council parkland and as such, now, this is not practical or reasonable and places a potential
      unreasonable impost on the rates payers of Noosa Council.
8     I would note that generally, the responsibility for bushfire mitigation is the responsibility of the
      occupier or a property and not the adjoining neighbour even if that adjoining owner is a State
      or Local Government.
9     Further, while there are some recommendations with respect to Landscaping plantings in the
      2005 WBM BMP, these would need to be revisited to ensure that an updated Landscape
      plan provides additional mitigation to a vegetation fire which may threaten the sites from a
      fire within the adjoining Council reserve and Parkland.
      Therefore, it is my opinion based on a review of the current SPP bushfire hazard mapping, a
      site inspection, and a review of the WBM Bushfire Management Plan, that the Extension of
      Time Application cannot be approved as the current approved Bushfire Management Plan,
      potentially places future residents and buildings at an unreasonable level of risk as defined
      in the Bushfire Resilient Communities Natural Hazards, Risk and Resilience SPP Guide.
Traffic
The surrounding area has developed since the issue of the development approval for the site.
There are many residents within the area who may not be aware of the development and the
increased traffic that would result as a consequence of the development.
Preparation to Act
The approval was first granted in 2008 under the Superseded Planning Scheme and has been
extended twice. Whilst the site maintains similar use rights under the changes to the planning
schemes, no works have been undertaken on site to prepare it for the development and no
operational works lodged.
Community Awareness
The Noosa Plan 2020 details that the development of the site for a Resort Complex is a consistent
use that is required to follow an impact assessable process. The existing approval is 14 years old
and whilst the zoning and planning scheme maintain that Resort intent for the site, the current
community has not had any opportunity to comment on the proposal. Since approval the
surrounding area has experienced significant change through the construction of four new multi
storey unit developments along Serenity Close as well as the development of units and houses
along Grant Street. These additional developments combined with the change of ownership and
influx of residents to the area mean that the community has altered and may not be aware of the
development and its impact on the area. As such a significant portion of the current community has
not had the opportunity to review or comment on the development for a significant period and may
raise submissions about the proposed development.
It is noted that the site has no advertising or information sign on the property detailing that it may
be developed for a resort so that new residents would be aware of the proposal.


                                                                                          Page 11 of 35

Section 12

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                11 OCTOBER 2022


4.    CONCLUSION
The application for an extension to the currency period for 132008.176.04 which approves a
Material Change of Use - Resort Development comprising a Multiple Dwelling (109 Dwelling Units)
and Accommodation Building (90 Accommodation Units) and Ancillary Facilities is recommended
for refusal. The existing approval is over 14 years old and was approved under a Superseded
Planning Scheme that has since undergone a significant review twice. Whilst the intent of the site
for use as a resort has not altered under the Noosa Plan, State legislative requirements and
mapping regarding Koala and Bushfire have altered and no review has been undertaken as to
whether the proposal meets the current State requirements.
The surrounding area has also experienced significant change since approval of the development
and due to the extended time frame a significant portion of the current community may not be
aware of the development or have had the opportunity to comment on the proposal.

Departments/Sections Consulted:

     Chief Executive Officer       Community Services                      Corporate Services
     Executive Support             Director                                Director
                                   Community Development                   Financial Services
                                   Community Facilities                    Fleet
                                   Libraries & Galleries                   ICT
                                   Local Laws                              Procurement
                                   Waste & Environmental Health            Property
                                                                           Revenue Services

     Executive Services        X   Environment & Sustainable Development   Infrastructure Services
     Director                  x   Director                                Director
     Community Engagement          Building & Plumbing Services            Asset Management
     Customer Service          X   Development Assessment                  Buildings and Facilities
     Governance                    Economic Development                    Civil Operations
     People and Culture            Environmental Services                  Disaster Management
                                   Strategic Land Use Planning             Infrastructure Planning,
                                                                           Design and Delivery




                                                                                      Page 12 of 35

Section 13

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 11 OCTOBER 2022


2    PLANNING & ENVIRONMENT COURT APPEAL NO D129 OF 2022 – APPLICATION FOR
     SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW NO.
     1 (ADMINISTRATION) 2015 FOR 2 GANNET ST, PEREGIAN BEACH


Author           Manager Development Assessment, Kerri Coyle
                 Environment & Sustainable Development

Index            ECM/ Application/ SSL22/1539/ & Case/ PJ & D Jephcott

Attachments      Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 October 2022 regarding Planning & Environment Court
Appeal D129/22 of 2022 and agree to defend the appeal.


REPORT
On 16 August 2022 Council officers under delegation refused an application under Council’s Local
Laws for the use of 2 Gannet Street, Peregian Beach for short stay letting for the following reason:
1.   The property has not demonstrated existing use rights to operate short term accommodation
     as evidence has not been provided to demonstrate short term accommodation was in
     existence prior to 31 July 2020.
2.   The property does not meet the requirements of Schedule 21A – Operation of short stay
     letting or home hosted accommodation – section 3(e)(i) requiring confirmation the use of the
     premises is authorised by either a development approval, accepted development
     requirements in Noosa Plan 2020 or lawful existing use rights.
The applicant subsequently requested the decision to refuse the application be reviewed as
provided for under the Local Law submitting that the premises has existing use rights for short term
letting as the property prior to the introduction of the Noosa Plan 2020 was used for both permanent
and as a short term private holiday house for family and friends. The applicant acknowledges that
the house was never advertised commercially.
The review concluded that the property does not have existing use rights to operate short term
letting pursuant to the Planning Act 2016 as:
1.   Existing use rights under the Planning Act 2016 are a right to continue using your property
     for a lawfully established use regardless of changes to the planning scheme.
2.   To lawfully establish, the use must have commenced prior to the planning scheme changes
     being the 31 July 2020.
3.   Making the house available for family, friends or your son and his carer does not mean the
     property has existing use rights for short term letting as the operation of short stay letting or
     home hosted accommodation means the provision, or making available, on a commercial
     basis, of short stay letting or home hosted accommodation as defined by the Local Law.




                                                                                      Page 13 of 35

Section 14

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 11 OCTOBER 2022


As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court maintaining that the use of the premises for either long-term
or short-term accommodation is lawful as:
•   the premises has been used for a detached house under the superseded planning; and
•   has continued to be used for that purpose since the commencement of the Noosa Plan 2020.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.
Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb
Internal Consultation
Departments/Sections Consulted:

    Chief Executive Officer       Community Services                        Corporate Services
    Executive Officer             Director                                  Director
    Executive Support             Community Development                     Financial Services
                                  Community Facilities                      ICT
                                  Libraries & Galleries                     Procurement & Fleet
                                  Local Laws                                Property
                                  Waste & Environmental Health              Revenue Services

    Executive Services        x   Environment & Sustainable Development     Infrastructure Services
    Director                      Director                                  Director
    Community Engagement          Building & Plumbing Services              Asset Management
    Customer Service          x   Development Assessment                    Buildings and Facilities
    Governance                    Economic Development                      Civil Operations
    People and Culture            Environmental Services                    Disaster Management
                                  Strategic Land Use Planning               Infrastructure Planning,
                                                                            Design and Delivery




                                                                                       Page 14 of 35

Section 15

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 11 OCTOBER 2022



3     PLANNING & ENVIRONMENT COURT APPEAL NO D130/22 OF 2022 – APPLICATION
      FOR SHORT STAY LETTING UNDER LOCAL LAW NO. 1 & SUBORDINATE LOCAL LAW
      NO. 1 (ADMINISTRATION) 2015 FOR 1/6 CRANK ST, SUNSHINE BEACH


Author            Manager Development Assessment, Kerri Coyle
                  Environment & Sustainable Development

Index             ECM/ Application/ SSL22/1334/ & Case/ MSJI Pty Ltd

Attachments       Nil


EXECUTIVE SUMMARY
Not Applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 October 2022 regarding Planning & Environment Court
Appeal D130/22 of 2022 and agree to defend the appeal.


REPORT
On 20 July 2022 Council officers under delegation refused an application under Council’s Local
Laws for the use of 1/6 Crank Street, Sunshine Beach for short stay letting for the following reason:
1.    On 2 October 2015, the premises at 6 Crank Street, Sunshine Beach was approved under
      Noosa Plan 2006 for Multiple Housing Type 2 – Duplex, MCU15/0068.
      Under the provisions of Noosa Plan 2006, Multiple Housing Type 2 – Duplex did not allow
      for visitor or short-term accommodation use of the premises.
      The use of 1/6 Crank Street, Sunshine Beach for short term accommodation is currently
      unlawful and an approval under the local law cannot be issued for an unlawful use.
The applicant subsequently requested the decision to refuse the application be reviewed as
provided for under the Local Law, questioning the validity of the Local Law and suggesting the
development approval given under the Noosa Plan 2006 permits the use of the property for short
term accommodation. The review addressed the issues raised and confirmed the previous grounds
of refusal.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court maintaining that the use of the premises for either long-term
or short-term accommodation is lawful. The applicant further submits that the premises has been
used for a duplex for short term accommodation since the construction of the premises. The
applicant seeks that the application be approved subject to appropriate conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Not Applicable
Finance & Risk
It is premature at this stage to provide advice on the likely prospects of the appeal. There will be
costs associated with defending the appeal, particularly if the matter proceeds to trial.



                                                                                     Page 15 of 35

Section 16

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                               11 OCTOBER 2022


Consultation
External Consultation - Community & Stakeholder
McCullough Robertson – Troy Webb

Internal Consultation

Departments/Sections Consulted:

    Chief Executive Officer       Community Services                      Corporate Services
    Executive Officer             Director                                Director
    Executive Support             Community Development                   Financial Services
                                  Community Facilities                    ICT
                                  Libraries & Galleries                   Procurement & Fleet
                                  Local Laws                              Property
                                  Waste & Environmental Health            Revenue Services

    Executive Services        x   Environment & Sustainable Development   Infrastructure Services
    Director                      Director                                Director
    Community Engagement          Building & Plumbing Services            Asset Management
    Customer Service          x   Development Assessment                  Buildings and Facilities
    Governance                    Economic Development                    Civil Operations
    People and Culture            Environmental Services                  Disaster Management
                                  Strategic Land Use Planning             Infrastructure Planning,
                                                                          Design and Delivery




                                                                                     Page 16 of 35

Section 17

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                11 OCTOBER 2022



6.    REPORTS FOR NOTING BY THE COMMITTEE




4     PLANNING APPLICATIONS DECIDED BY DELEGATED AUTHORITY REPORT–
      AUGUST 2022

Author            Development Assessment Manager, Kerri Coyle
                  Environment and Sustainable Development Department

Index             ECM/Subject/ All Applications

Attachments 1          List of Applications decided by Delegated Authority – August 2022

EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 11 October 2022 regarding planning applications that have
been decided by delegated authority.

REPORT
The Local Government Act 2009 allows, by resolution, a local government to delegate its powers
to the Mayor, CEO, a standing committee or a joint standing committee and the CEO to delegate
those powers to another employee of Council.
Under the current delegations for the Planning Act 2016 the ability to manage, assess and decide
a range of development applications are delegated to officers with the exception of the following
which are reported to Council for a decision:
a)    an application for a variation request mentioned in section 61 of the Planning Act 2016 to
      vary the effect of the planning scheme;
b)    the approval of an application where there is substantial non-compliance with a stated policy
      of the Council or a high order provision of the Planning Scheme being a desired
      environmental outcome, or an overall outcome of a code;
c)    the refusal of any application where Council is the assessment manager;
d)    requests for change representations, and change applications to change or delete conditions
      that were imposed by Council at an Ordinary Meeting or a Special Meeting;
e)    and an application for a proposed development of significant community interest.

It should be noted though that due to the strict time frames of the Planning Act 2016, officers under
the current delegations have the ability to decide an application where the application has the
potential for 'deemed approval'.
In accordance with the current delegations, a wide range of development applications are decided
by Council officers each month, with a limited number of applications reported to Council for a
decision.

Attachment 1 lists applications that are decided by delegated authority during the month of August
2022 (excluding applications seeking to remove a tree(s) adjacent to a building or structure):


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Previous Council Consideration
Council receives monthly reports on planning applications that have been decided by delegated
authority.

Finance
Nil.

Risks & Opportunities
Nil.

Consultation
External Consultation - Community & Stakeholder
Nil.

Internal Consultation
Nil.

Departments/Sections Consulted:

    Chief Executive Officer       Community Services                      Corporate Services
    Executive Support             Director                                Director
                                  Community Development                   Financial Services
                                  Community Facilities                    Fleet
                                  Libraries & Galleries                   ICT
                                  Local Laws                              Procurement
                                  Waste & Environmental Health            Property
                                                                          Revenue Services

    Executive Services        X   Environment & Sustainable Development   Infrastructure Services
    Director                      Director                                Director
    Community Engagement          Building & Plumbing Services            Asset Management
    Customer Service          X   Development Assessment                  Buildings and Facilities
    Governance                    Economic Development                    Civil Operations
    People and Culture            Environmental Services                  Disaster Management
                                  Strategic Land Use Planning             Infrastructure Planning,
                                                                          Design and Delivery




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 ATTACHMENT 1




                                                      Page 19 of 35

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          11 OCTOBER 2022

  ATTACHMENT 1
                               Decision Issued Under Delegated Authority
   1    Application ID:       132000.200180.1
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             Michael James Urness, Leora Ann Urness
        Registered Plan:      Lot 8SP 111721

        Location:             Noosa Dunes 8/512 David Low Way, Castaways Beach
        Proposal:             Change to DA - Dwelling House ina Sand Dune Problem Area - Michael & Leora Urness -
                              Gavin Maddock
        Decision:             Approved
        Decision Made Date:   17/08/2022

   2    Application ID:       132001.210011.3
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:              Mike Sunshine Pty Ltd TTE
        Registered Plan:      Lot 5 SP 158841 & SP 158841
        Location:             Colonial Commercial 5/239-245 Gympie Terrace, Noosaville
        Proposal:             Change to DA— Additions to Food & Drink Outlet Shop 5 - Mike Sunshine Pty Ltd - RG
                              Strategic
       Decision:              Approved
        Decision Made Date:   29/08/2022

   3    Application ID:       132002.220285.F
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:              Intrec Management Pty Ltd
        Registered Plan:      Lot 3 SP 246584
        Location:             Noosa Civic 28 Eenie Creek Road, Noosaville
        Proposal:             22803 DA - Change to DA (Alterations to NAB Tenancy Fagade) - INTREC
                              Management Pty Ltd - Brennan Planning
        Decision:             Approved
        Decision Made Date:   04/08/2022

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   4    Application ID:       132003.220886.3
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             Noosa Yacht & Rowing Club Inc
        Registered Plan:      Part C Lot 166 MCH 839217 & Lot 100 SP 208113
        Location:             Yacht & Rowing Club, Gympie Terrace, Noosaville
        Proposal:             Change to DA - Relocate Bar, Remove Gaming, Additional Dining & Storage - Noosa
                              Yacht & Rowing Club - RG Strategic
       Decision:              Approved
        Decision Made Date:   16/08/2022

   5    Application ID:       132006.2554.01
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             Marco D'Avino, Alessia Capriccioli
        Registered Plan:      Lot 5 M 11113
        Location:             51 Tristania Drive, Marcus Beach
        Proposal:             Change to Dwelling House - Marco D'Avino & Alessia Capriccioli - JDBA Certifiers
        Decision:             Approved
        Decision Made Date:   10/08/2022

   6    ~=Application ID:     132006.823.09
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             Peppers Noosa Resort & Villas
        Registered Plan:      SP 190823
        Location:             Viridian Noosa 5 Morwong Drive, Noosa Heads
        Proposal:             Change to DA - Moving 3 Car Spaces (Visitor Accommodation Type 4 - Resort, Entertainment
                              & Dining Type 1 Food & Beverages (Conference Room & Restaurant), Retail Business Type
                              2 Shop, Commercial Business Type 2 Medical (Health Spa) - Peppers Noosa Resort & Villas -
                              Martoo Consulting
        Decision:             Approved
        Decision Made Date:   15/08/2022

Version 1, Version Date: 26/09/2022                                                                   Page 8 ot UF
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            11 OCTOBER 2022

   7    Application ID:       132007 .642.03
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             Rachael Christine Baulch
        Registered Plan:      Lot 5 RP 858520
        Location:             9 Whale Drive, Sunshine Beach
        Proposal:             Change to DA - Add Carport (Detached House) - Rachael Baulch - Plan A Town Planning
                              Pty Ltd
        Decision:             Approved
        Decision Made Date:   02/08/2022

   8    Application ID:       51980.3832.01
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             Pamela Jean Gore
        Registered Plan:      Lot 2 BUP 5578 & BUP 5578
        Location:             “Bizantin Place” 2/12 Park Crescent, Sunshine Beach
        Proposal:             Change to DA — Extension to existing balcony - Pamela Gore
        Decision:             Approved
        Decision Made Date:   01/08/2022

   9    Application ID:       51983.3225.15
        Application Type:     Material Change of Use - Minor Change to Approval
        Applicant:            Robert Trevor Wadland TTE
        Registered Plan:      Lot 17 GTP 1154, GTP 1154
        Location:             The Hastings 17/30 Hastings Street, Noosa Heads
        Proposal:             TPC 1632 - Change to DA - Install Lift to Unit 17 - Robert Wadland - Martoo
                              Consulting
        Decision:             Approved
        Decision Made Date:   01/08/2022

  Version 1, Version Date: 26/08/2022                                                                  age & of 0
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           11 OCTOBER 2022

   10   Application ID:       51987.2966.05
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             Brian Robert Williams
        Registered Plan:      GTP 1928 & Lot 2 GTP 1928
        Location:             “Lakelands Resort” 396 Lake Cooroibah Road, Cooroibah
        Proposal:             Change to DA - Amend Approved Layout & Design of Cabins (Rural Tourist Villas) — Brian
                              Williams - Martoo Consulting
       Decision:              Approved
        Decision Made Date:   29/08/2022

   11   Application ID:       51991.475.04
        Application Type:     Material Change of Use - Minor Change to Approval
        Applicant:            Frank Robert Shelley
        Registered Plan:      Lot 17 GTP 3451 & GTP 3209
        Location:             “Banksia Terraces” 1/2-10 Banksia Avenue, Noosa Heads
        Proposal:             Change to DA (Enlarge Ensuite - Unit 1) - Frank Shelley
       Decision:              Approved
        Decision Made Date:   08/08/2022

   12   Application ID:       51995.1701.03
        Application Type:     Material Change of Use - Minor Change to Approval
        Applicant:            Warwick Bruce Dunstone, Jacqueline Vicki Dunstone
        Registered Plan:      Lot 5 GTP 104767 & GTP 104332
        Location:             “Quay West Noosa” 5/19 Laburnum Crescent, Noosaville
        Proposal:             Change to DA - Replace Shade Sail with Pergola & Stairs in Revetment Setback area Unit 5
                              - Warwick & Jackie Dunstone - Brennan Planning
       Decision:              Approved
        Decision Made Date:   08/08/2022

  Document Set ID: 22114777                                                                            Page 4 of 17
  Version: 1, Version Date: 26/09/2022
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                        11 OCTOBER 2022

   13   Application ID:      DBW/21/0222
        Application Type:    Building Works - Code
       Applicant:            Anthony James Thomas
        Registered Plan:     Lot 426 P 93116
        Location:            14 Shearwater Street, Peregian Beach
        Proposal:            Additions to Dwelling House in Coastal Protection (Site Cover, Setbacks, Garage door &
                             driveway width) - Anthony Thomas - Adapt Town Planning + Development
       Decision:             Approved
        Decision Made Date:  18/08/2022

   14  Application ID:       DBW/22/0055
       Application Type:     Building Works - Code
       Applicant:             Project BA
        Registered Plan:     Lot 25 RP 192080
        Location:            63 Forest Acres Drive, Lake Macdonald
        Proposal:            Sheds x3 (Exceeding 500 sqm & Setbacks) - Project BA
       Decision:             Approved
        Decision Made Date:  12/08/2022

   15  Application ID:       DBW/22/0057
       Application Type:     Building Works - Code
       Applicant:             Project BA
        Registered Plan:     Lot 112 SP 285884
        Location:            47 Straker Drive, Cooroy
        Proposal:            Shed in Riparian Buffer Area & Setback - Project Ba
       Decision:              Approved
        Decision Made Date:  04/08/2022

 Version 1, Version Date: 28/09/2022                                                                Page © of Of
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   16   Application ID:       DBW/22/0061
        Application Type:     Building Works - Code
       Applicant:             Michael Joseph Greco, Julie Margaret McGovern
        Registered Plan:      Lot 14 SP 243500
        Location:             Horizons at Peregian 14/45 Lorikeet Drive, Peregian Beach
        Proposal:             Additional bedroom & ensuite to Unit 14 - Ulie McGovern & Michael Greco - Pivotal
                              Perspective Pty Ltd
       Decision:              Approved
        Decision Made Date:   08/08/2022

   17   Application ID:       DBW22/0070
        Application Type:     Building Works - Code
       Applicant:              Core Building Certification
        Registered Plan:      Lot 299 RP 136796
        Location:             16 Woodlark Rise, Sunrise Beach
        Proposal:             Dwelling House (Parapet more than 50% & Setbacks) - Core Building Certification Pty Ltd
        Decision:             Approved
        Decision Made Date:   03/08/2022

   18   Application ID:       DBW/22/0074
        Application Type:     Building Works - Code
       Applicant:              EarthCert Pty Ltd
        Registered Plan:      Lot 1 RP 210844
        Location:             498 Cooroy Mountain Road, Cooroy
        Proposal:             Additions to Dwelling - Secondary Dwelling (Within 200m of Ag Land & Landslide) -
                              EarthCert Pty Ltd
       Decision:              Approved
        Decision Made Date:   19/08/2022

  Version 1, Version Date” 2609/2022                                                                   Frama 6 ot Of
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            11 OCTOBER 2022

   19   Application ID:        DBW22/0080
        Application Type:      Building Works - Code
       Applicant:              Jan Francis Chalustowski
        Registered Plan:       Lot 2 BUP 104889 & BUP 104889

        Location:              “Salt Water’ 2/19 Jacana Street, Peregian Beach
        Proposal:              Extension of Deck - Unit 2 - Jan Francis Chalustowski - Emerge Planning & Development
       Decision:               Approved
        Decision Made Date:    12/08/2022

   20   Application ID:        DBW/22/0087
        Application Type:      Building Works - Code
       Applicant:              Joshua Matta TTE
        Registered Plan:       BUP 6164, Lot 1 BUP 6164, Lot 2 BUP 6164 & Lot 3 BUP 6164
        Location:              ‘Villa Toscana” 1, 2 & 3/78 Tingira Crescent, Sunrise Beach
        Proposal:              Dwelling House (convert 3 units to a Dwelling House) - Joshua Matta - Project Urban
        Decision:              Approved
        Decision Made Date:    22/08/2022

   21   Application ID:        DBW/22/0090
        Application Type:      Building Works - Code
       Applicant:              Erigeron Plentiful Pty Ltd TTE
        Registered Plan:       Lot 16 SP 33306
        Location:              69 Main Street, Kin Kin
        Proposal:             Works on a Heritage Site - Erigeron Plentiful Pty Ltd - Pure Building Approvals
       Decision:               Approved
        Decision Made Date:    18/08/2022

  Version 1, Version Date: 26/9/2022                                                                    Frage F ot
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           11 OCTOBER 2022

   22 ~ Application ID:       DBW/22/0091
        Application Type:     Building Works - Code
       Applicant:              Fluid Building Approvals
        Registered Plan:      Lot 2 RP 846208
        Location:             22 Turpentine Road, Ringtail Creek
        Proposal:             Shed (Structures over 500 sqm) - Fluid Building Approvals
        Decision:             Approved
        Decision Made Date:   25/08/2022

   23   Application ID:       DBWV22/0093
        Application Type:     Building Works - Code
       Applicant:              Noosa Community Garden Inc
        Registered Plan:      Part of Lot 2 RP839623
        Location:             “Noosa Leisure Centre” 9 Wallace Drive, Noosaville
        Proposal:             Shade Shelter at Community Garden - Noosa Community Garden Inc
        Decision:             Approved
        Decision Made Date:   18/08/2022

   24   Application ID:       DBW/22/0094
        Application Type:     Building Works - Code
       Applicant:              NND Constructions
        Registered Plan:      Lot 4 RP 806750
        Location:             67 Summit Road, Pomona
        Proposal:             Shed in Biodiversity & Landslide - NND Constructions - Project BA
       Decision:              Approved
        Decision Made Date:   31/08/2022

  Version 1, Version Date: 26/08/2022                                                                 Page   of O
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   25   Application ID:       DBWV22/0098
        Application Type:     Building Works - Code
       Applicant:             Glenn Brian Tidyman, Lee-Anne Marie Tidyman
        Registered Plan:      Lot 1 RP 205072
        Location:             225 Skyring Creek Road, Federal
        Proposal:             Additions to Dwelling House (Riparian) & Setback - Glenn Brian Tidyman & Lee-Anne Marie
                              Tidyman
        Decision:             Approved
        Decision Made Date:   30/08/2022

   26   Application ID:       DBW/22/0101
        Application Type:     Building Works - Code
       Applicant:             Michelle Denise Hill
        Registered Plan:      Lot 9 RP 836908
        Location:             2 Solitaire Street, Doonan
        Proposal:             Additions to Dwelling House (Pool in Riparian Buffer Zone) - Michelle Hill - MyCert BCQ
        Decision:             Approved
        Decision Made Date:   18/08/2022

   27   ~=Application ID:     DBW/22/0109
        Application Type:     Building Works - Code
       Applicant:              Sunshine Coast Hospital and Health Service
        Registered Plan:      Lot 282 MCH 5137
        Location:             111 Goodchap Street, Noosaville
        Proposal:             Expansion of Existing Hospital - Sunshine Coast Hospital and Health Service - Urbis Pty Ltd
        Decision:             Approved
        Decision Made Date:   11/08/2022

  Version 1 Version Date: 26/08/2022                                                                   Page 8 of IF
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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           11 OCTOBER 2022

   28   Application ID:       MCU14/0092.02
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             Vicki Jennifer Taylor
        Registered Plan:      Lot 2 SP 266744
        Location:             3 Figbird Court, Lake Macdonald
        Proposal:             Change to DA - Condition 3 (Detached House) - Vicki Jennifer Taylor - CadCon
                              Surveying & Town Planning
        Decision:             Approved
        Decision Made Date:   30/08/2022

   29   Application ID:       MCU14/0098.02
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             James Edward Smith, Jasmine Alexandra Smith
        Registered Plan:      Lot 7 SP 158846
        Location:             6 Figbird Court, Lake Macdonald
        Proposal:             Change to DA - Location of Dwelling House - J & J Smith - Brennan Planning
        Decision:             Approved
        Decision Made Date:   22/08/2022

   30   Application ID:       MCU19/0008.01
        Application Type:     Material Change of Use - Minor Change to Approval
       Applicant:             Andrew Peter Douglass
        Registered Plan:      Lot 793 RP 48111
        Location:             22 Arakoon Crescent, Sunshine Beach
        Proposal:             Change to DA - Built Form (Detached House in Coastal Protection Area) - Andrew
                              Douglass - Adams + Sparkes Town Planning
        Decision:             Approved
        Decision Made Date:   09/08/2022

  Version 1, Version Date: 26/08/2022                                                                 Page 18 of U7
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   31   Application ID:        MCU21/0191
        Application Type:      Material Change of Use - Code
       Applicant:              Lucas Richard Shannon, Andre Juan Casson
        Registered Plan:       BUP 3585, Lot 1 BUP 3585, Lot 2 BUP 3585, Lot 3 BUP 3585, Lot 4 BUP 3585

        Location:              “lllawarra Court’ 1 & 2/17 Henderson Street, Sunshine Beach
        Proposal:              Multiple Dwelling (1 x Proposed Dwelling Unit & 4 x Existing Dwelling Units) - Lucas
                               Shannon & Andre Casson - Danya Cook Town Planning
        Decision:              Approved
        Decision Made Date:    15/08/2022

   32   Application ID:        MCU21/0222
        Application Type:      Material Change of Use - Code
       Applicant:              Bevan Andrew Slattery, Jodie Slattery
        Registered Plan:       Lot 7 SP 133491
        Location:              Beaches Noosa 7/56 David Low Way, Sunrise Beach
        Proposal:              Dwelling House in Coastal Protection (Height, site cover, GFA over 500 sqm, setback &
                               rooftop terrace) - Bevan & Jodie Slattery - Coastal Building Certifications P/L
        Decision:              Approved
        Decision Made Date:    15/08/2022

  Document Set ID: 22114777                                                                            Page 11 of 17
  Version: 1, Version Date: 26/09/2022
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   33   =©Application ID:      MCU21/0231
        Application Type:      Material Change of Use - Code
       Applicant:              Mark Bain Constructions Pty Ltd
        Registered Plan:       Lot 2 RP 122891 & Lot 135 RP 92518
        Location:              10 Natasha Avenue & 24 Katharina Street, Noosa Heads
        Proposal:              Multiple Dwelling (8 units) - Mark Bain Constructions Pty Ltd - Pivotal Perspective Pty Ltd
       Decision:              Approved
        Decision Made Date:   30/08/2022

  34    ~=Application ID:      MCU22/0016
        Application Type:      Material Change of Use - Code
       Applicant:              Ingrid Ann McLeod Hutton, Nicholas James Hutton
        Registered Plan:       Lot 5 P 9313
        Location:             24 Plover Street, Peregian Beach
        Proposal:              Dwelling House (Coastal Protection) (Storeys, Setbacks & Site Cover) - Ingrid & Nick Hutton -
                              Adapt Town Planning
        Decision:             Approved
        Decision Made Date:    16/08/2022

   35   Application ID:        MCU22/0032
        Application Type:      Material Change of Use - Code
       Applicant:             Suzanne Elizabeth Meldrum
        Registered Plan:       Lot 101 M11112
        Location:             4 Tristania Drive, Marcus Beach
        Proposal:              Dwelling House (Coastal Protection) - S Meldrum - Pivotal Perspective Pty Ltd
       Decision:                Preliminary Approval
        Decision Made Date:   24/08/2022

  Version 1, Version Date: 2909/2022                                                                   Fae (2 ot fr
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   36   Application ID:       MCU22/0060
        Application Type:     Material Change of Use - Code
       Applicant:              Sunshine Enterprises Pty Ltd (Qld)
        Registered Plan:      Lot 116 RP 132135
        Location:             6 Margit Crescent, Sunrise Beach
        Proposal:             Dual Occupancy - Sunshine Enterprises Pty Ltd (Qld) - Property Projects Australia Pty Ltd
       Decision:              Refused
        Decision Made Date:   19/08/2022

  37 ~— Application ID:       MCU22/0117 & OPW22/0176
        Application Type:     Material Change of Use - Code
       Applicant:             Timothy Brian Lawless, Amanda Gay Lawless
        Registered Plan:      Lot 352 RP 856170
        Location:             25 Mermaid Quay, Noosaville
        Proposal:             Landing & Jetty - The Jetty Specialist (Combined Application)
        Decision:             Approved
        Decision Made Date:   26/08/2022

   38   Application ID:       OPWV22/0104.01
        Application Type:     Operational Works - Minor Change to Approval
       Applicant:              JNE Developments P/L
        Registered Plan:      Lot 4 RP 35077 & Lot 4 RP 809059
        Location:             19, 25 & 33 Pavilion Street, Pomona
        Proposal:             Minor Change to DA - Road work, Drainage work, Stormwater, Earthworks, Electrical
                              - JNE Developments Pty Ltd C/- Tod Consulting
        Decision:             Refused
        Decision Made Date:   09/08/2022

  Version 1, Version Date: 26/09/2022                                                                 Fass of IF
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   39   Application ID:       OPW/22/0108
        Application Type:     Operational Works - Code
       Applicant:             Kevin Richard Richardson, Kevin Richard Richardson PR, Maxwill Neville Richardson PR
        Registered Plan:      S168 MCH 1168, Lot 429 MCH 481, Lot 158 MCH 1321, Lot 429 MCH 481 & Lot 49 MCH
        Location:             551, 563 & 571 Cooroy Belli Creek Road, Black Mountain
        Proposal:             Roadworks, Earthworks - MN Richardson, PR & KR Richardson C/- Long View Consulting
                              Engineers
       Decision:              Approved
        Decision Made Date:   17/08/2022

   40   Application ID:       OPW22/0124
        Application Type:     Operational Works - Code
       Applicant:             Alexandra Murray, Robert James Murray
        Registered Plan:      Lot 304 P 93112
        Location:             34 Peregian Esplanade, Peregian Beach
        Proposal:             Vehicle crossover - Robert & Alex Murray c/- HR Design
        Decision:             Approved
        Decision Made Date:   24/08/2022

   41   Application ID:       OPW22/0163
        Application Type:     Operational Works - Code
       Applicant:              Mark Bain Constructions Pty Ltd
        Registered Plan:      Lot 47 RP 860577
        Location:             60 Glenridge Drive, Cooroibah
        Proposal:             Stage 1 (2 Lots only) Road work, Landscaping, Earthworks - Mark Bain
                              Constructions Pty Ltd C/- Pivotal Perspective Pty Ltd
       Decision:              Approved
        Decision Made Date:   16/08/2022

  Version 1, Version Date: 28/09/2022                                                                riage TH of Of
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   42   Application ID:        OPW/22/0168
        Application Type:      Operational Works - Code
       Applicant:              9 Dot
        Registered Plan:       Lot 48 RP 173566
        Location:              9 Bartlett Road, Noosaville
        Proposal:              Stormwater, Earthworks, Access, Carparking - 9 Dot c/- Matoo Consulting
       Decision:               Approved
        Decision Made Date:    12/08/2022

   43   Application ID:        OPW22/0174
        Application Type:      Operational Works - Code
        Applicant:             Telstra Corporation Limited
        Registered Plan:       Lot 1 RP 147703
        Location:              25 Railway Parade, Pomona
        Proposal:              Landscaping - Telstra Corporation Ltd C/- Downer EDI Limited
       Decision:               Approved
        Decision Made Date:    01/08/2022

   44   Application ID:        RAL22/0003
        Application Type:      Reconfiguring a Lot - Code
       Applicant:              Kevin John Kelly, Valerie Lorraine Kelly
        Registered Plan:       Lot 31 © 5605
        Location:              9 Crystal Street, Cooroy
        Proposal:              Lot Reconfiguration (1 lot into 3) - Kevin & Valerie Kelly - Brennan Planning Pty Ltd
       Decision:               Approved
        Decision Made Date:    17/08/2022

  Version 1, Version Date: 25/09/2022                                                                   PaoeTs of Or
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   45   Application ID:        RAP20/0004.01
        Application Type:      Referral Agency Planning - Minor Change to Approval
       Applicant:              EarthCert Pty Ltd
        Registered Plan:       Lot 44 RP 41223
        Location:              48 Hilton Terrace, Tewantin
        Proposal:              Change to RAP - Landscaping - Detached House (Setbacks & Height) - Earthcert Building
                               Approvals
       Decision:               Approved
        Decision Made Date:    09/08/2022

   46   Application ID:        RAP21/0021.01
        Application Type:      Referral Agency Planning - Minor Change to Approval
       Applicant:              Pure Building Approvals
        Registered Plan:       Lot 728 RP 865308
        Location:              3 Bowman Terrace, Sunshine Beach
        Proposal:              Change to RAP - Dwelling House - Pure Building Approvals
       Decision:               Approved
        Decision Made Date:    19/08/2022

   47   Application ID:        RAP22/0007
        Application Type:      Referral Agency Planning - Referral Agency Response - Planning
       Applicant:              Corina Kiers
        Registered Plan:       Lot 5 SP 298783
        Location:              2A Starboard Avenue, Noosaville
        Proposal:              Dwelling House (Setbacks, Eaves & Fill more than 3m) - Corina Kiers - 3 Codes: Building
                               Certification
        Decision:              Approved
        Decision Made Date:    03/08/2022

  Version 1, Version Date: 26/08/2022                                                                  Fae th ot &
                                                                                                   Page 34 of 35

Section 35

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   11 OCTOBER 2022




7.     CLOSED SESSION

Nil.

                                                      Page 35 of 35

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