2022-06-07 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                       7 JUNE 2022


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 extension to the operating hours
and additional signage be approved.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.

Previous Council Consideration
Ordinary Meeting, 17 March 2022, Item 4, Page 12
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 8 March 2022 regarding MCU19/0089.02 and OPW19/0160.02 to make a minor
change to an existing approval for Material Change of Use - Retail Business - Type 2 Shop &
Salon, Retail Business - Type 5 Vehicle Uses and Operational Works – Signage situated at 52-54
Mary St Noosaville and:
A.   Refuse the change for the following reasons:
     1.    The proposed change does not constitute a minor change to the development approval
           as the change in hours will increase the severity of known amenity impacts and likely
           attract further submissions objecting to the change were the application to be publicly
           notified given the site’s proximity to residential properties.
     2.    The proposed trading hours do not comply with Overall Outcomes 2 (d) & (h) and
           Performance Outcome PO11 & PO24 of the Business Activities Code as the proposed
           hours will adversely impact on nearby resident’s amenity.
     3.    The proposed trading hours do not comply with Overall Outcome 2(m) and
           Performance Outcome PO42 of the District Centre Zone Code as the proposed change
           in hours will impact the amenity of nearby residential premises as nearby residents
           would not reasonably expect the service to be operational at this time.
     4.    The proposed illuminated signage does not comply with Specific Outcome AO7 and
           Overall Outcome O7 of the Advertising Devices Code within the Noosa Plan 2006 as
           it proposes more than one illuminated sign and is not compatible with the visual
           amenity of the surrounding area.
     5.    The proposed additional illuminated signage is not consistent with provisions of the
           Local Law signage requirements as the proposal exceeds the maximum number of
           signs permitted to be illuminated and is prohibited by the Local Law.
B.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
C.   Request the CEO to convene a Councillor workshop for Councillors, to allow the review and
     further discussion regarding the signage laws and associated policies.
D.   Request the CEO to, if necessary, provide a report to a future Council meeting outlining any
     changes, updates or improvements to signage laws and policies, as may be proposed at the
     Councillor workshop.

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
Thynne Macartney – Tim Quirk




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