2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           8 JUNE 2021


Notably, while the Noosa Plan 2020 has removed the maximum population density requirements
and thereby does not limit the number of bedrooms for the site, the new scheme has reduced the
plot ratio from 0.45:1 to 0.4 and means the proposal significantly exceeds the Noosa Plan 2020’s
maximum gross floor area for the site.
Further, both planning schemes seek a well-articulated façade, with garages integrated and not the
dominant feature either by stepping the garages, minimising the width of garages, and ensuring
garages do not protrude forward of the main building façade. The garages span most of the lot width
without articulation, project forward of the main building facade and are the most dominant feature
of the front elevation.
The delegated officer report at the time noted that while there may be some grounds to approve the
additional bedroom given the changes to the planning scheme, there were no grounds to approve
the development in full given the number and extent of non-compliances with the scheme’s built form
outcomes.
As a result of Council’s decision to refuse the application, the applicant lodged an appeal to the
Planning & Environment Court seeking that the duplex be approved subject to reasonable and
relevant conditions.
The court recently reviewed this matter and gave the following orders with the consent of both
parties, which provides for the following to occur:
1.     By 7 June 2021, Council must file and serve a particularised list of all matters relied upon by
       the Respondent to support refusal of the proposed development;
2.     By 14 June 2021, the Appellant must file and serve a particularised list of all matters relied
       upon by the Appellant to support approval of the proposed development;
3.     Before 25 June 2021, the parties must attend a without prejudice meeting before the ADR
       Registrar. The Appellant must provide Council with a without prejudice submission for its
       consideration at least 5 business days prior to the meeting.
4.     A further review on 2 July 2021.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Nil
Finance
It is expected that this matter should be able to be resolved through without prejudice meetings with
the applicant. However, if the matter does not settle there will be costs associated with defending
the appeal, particularly if the matter proceeds to trial. It is premature at this stage to provide advice
on the likely prospects of the appeal.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk




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