2015-09-15 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                            15 SEPTEMBER 2015


RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 15 September 2015 regarding Planning & Environment Court Appeal
3126/2015 and agree to defend the appeal.


REPORT
A report on this request for a permissible change seeking to change conditions of an existing mixed
use development approval at the ‘Noosaville Medical & Professional Centre’ situated at 90
Goodchap Street, Noosaville was considered by Council at its Ordinary Meeting on 2 July 2015.
Council resolved to change conditions 1, 7, 8, 10, 12, 36, 38, 64, 65 & 66 of the existing approval,
allowing for the 2,723m2 of adult education currently using the site to remain subject to the multi
storey carpark being constructed.
The applicant considers the existing 315 on-site parking spaces is an appropriate provision of car
spaces, without the need of having to construct the multi storey carpark. The multi storey carpark
would make 395 car parking spaces available on the site (not including the 40 bays in the child
care centre).
On the 7 August 2015, the applicant lodged an appeal with the Planning and Environment Court
seeking the Court to amend conditions 1, 10, 11, 12 and 36 of the Development Approval. The
changes to these conditions relate to this difference in on-site parking provision. The applicant
indicates that the cost estimate to build the carpark exceeds $3 million and is an unreasonable
imposition on the development.

It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration
Ordinary Meeting 2 July 2015, Item 1, Page 8
That Council note the report by the Development Planner to the General Committee Meeting dated
29 June 2015 regarding Application 132007.12.6 for a Change to an Existing Approval, situated at
90 Goodchap Street, Noosaville and:
A.   Change Condition 1, 7, 8, 10, 12, 36, 38, 64, 65 & 66 to read:
     1.    Development undertaken in accordance with this approval must generally comply with
           the approved plans of development. The approved plans are numbered Site Plan
           Overall Parking Layout 0427 DA01E, Site Plan Overall Podium Level 0427 DA02E,
           Site Plan Overall Upper Plan 9427 DA03E, Stage 2 Carpark Plan 0427 DA04E, Stage
           2 Podium Plan 0427 DA05E, Stage 2 Upper Floor Plan 0427 DA06E, Roof Plan 0427
           DA07D, Existing Approved Elevation & Sections 0427 DA08D, Proposed Elevations &
           Sections 0427 DA09D, Proposed Carpark Lower Level Plan 0427 DA10E, Proposed
           Carpark Mid Level Plan 0427 DA11E, Proposed Carpark Upper Level Plan DA12E and
           Proposed Carpark Elevations & Sections 0427 DA13E prepared by Middap Ditchfield
           Pty Ltd and dated May 2007 and Working Drawings Carpark Layout 0715 WD01.1
           prepared by Middap Ditchfield Pty Ltd and dated April 2008 and Plan of Lots 4, 5 &
           Emt D (Restricted) in Lot 4 SP 196846 prepared by Jones Flint & Pike and as may be
           amended by these conditions.
     7.    Secure bicycle racks shall be provided on site to accommodate a minimum of 35
           bicycles. The proposed bicycle racks shall be identified on the plans submitted for
           Operational Works approval and shall be located to the reasonable satisfaction of the
           Council.
     8.    End of trip facilities shall be provided within the approved buildings at a minimum rate
           of 18 lockers and 3 showers.


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