APPEAL 1998 OF 2024 RELATING TO REFUSUAL OF MCU22/0094 MATERIAL CHANGE OF USE FOR CHILDCARE CENTRE AT 28 EENIE CREEK ROAD, NOOSAVILLE · DA Planning Direct to General

GENERAL COMMITTEE MEETING                                                             12 AUGUST 2024


6.3       APPEAL 1998 OF 2024 RELATING TO REFUSUAL OF MCU22/0094 MATERIAL
          CHANGE OF USE FOR CHILDCARE CENTRE AT 28 EENIE CREEK ROAD,
          NOOSAVILLE


Author               Co-ordinator Planning, Nadine Gorton
                     Development & Regulation Department
Index                ECM/ Application/MCU22/0094/Case1998/2024/STOCKWELL
                     DEVELOPMENT GROUP
Attachments          1.   ATTACHMENT 1 - MCU22/0094 - DEVELOPMENT ASSESSMENT
                          COORDINATOR OF PLANNING REPORT




EXECUTIVE SUMMARY
This report details that an appeal has been lodged against a decision made by Council to refuse a
development application for a material change of use for a Childcare centre at 63 & 65 Hofmann
Drive Noosaville (formally Lot 3 on SP246584).

The application was refused by Council due to it not complying with conditions of a negotiated court
settlement for subdivision of the site and the development being contrary to the Noosa Plan 2020.
Specifically, the proposal:

      •   Did not provide a 10-metre-wide landscaped garden to Hofmann Drive consistent with
          conditions of the Reconfiguration approval
      •   Failed to incorporate the 10-metre landscape setback required to achieve the parklike setting
          envisaged by the Noosa Plan;
      •   Seeks approval for a use that is inconsistent in the Major Centre zone - Business Park
          Precinct which seeks to deliver commercial and employment uses for the precinct;
      •   Proposes a bio retention basin at the front of the site which is located in the required setback
          area and results in the development being visible to the road and further erodes the parklike
          setting;
      •   Locates bicycle parking in an area that impedes access around the site

The matter is in order for Council to defend the appeal
RECOMMENDATION
That Council note the report by the Coordinator Planning to the General Committee Meeting dated
12 August 2024 regarding Planning & Environment Court Appeal 1998 of 2024 and agree to defend
the appeal.