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2021-06-08 Planning & Environment Committee Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                          8 JUNE 2021


4    MCU19/0081 PLANNING & ENVIRONMENT COURT APPEAL NO. D176 OF 2019 -
     REFUSAL OF APPLICATION FOR 16 ANCILLARY DWELLING UNITS AT 64 GATEWAY
     DRIVE, NOOSAVILLE

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

Index            ECM/ Application/ MCU19/0081/ Case/ 64 Gateway Pty Ltd

Attachments      1.    Proposal Plans


EXECUTIVE SUMMARY
Not applicable

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 8 June 2021 regarding Planning & Environment Court
Appeal No. D176 of 2019 and agree to settle the appeal generally in accordance with the following
conditions:
     When Conditions must be Complied With
1.   Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
     the use commencing, and then compliance maintained at all times while the use continues.
     Approved Plans
2.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are listed in the following table unless
     otherwise amended by these conditions.
         Plan No.          Rev.     Plan/Document Name                                Date
         19020 A.102       C        Master Plan – Staging Plan                        09-07-2019
         19020 A.103       B        Caretakers Residences                             09-07-2019
         19020 A.200       F        Master Floor Plan                                 09-07-2019
         19020 A.201       E        Pod A – Floor Plan                                09-07-2019
         19020 A.202       E        Pod B – Floor Plan                                09-07-2019
         19020 A.203       E        Pod C – Floor Plan                                09-07-2019
         19020 A.204       E        Pod D & E – Floor Plan                            09-07-2019
         19020 A.205       E        Pod F – Floor Plan                                09-07-2019
         19020 A.206       E        Pod G – Floor Plan                                09-07-2019
         19020 A.207       E        Pod H – Floor Plan                                09-07-2019
         19020 A.300       D        Elevations                                        09-07-2019
         19020 A.301       C        Elevations                                        09-07-2019
3.   The layout of the proposed development must be amended to ensure the fire separation
     requirements of the Building Code of Australia for the internal stairs to the upper level storage
     are met. Amended plans must be provided to Council demonstrating compliance with this
     condition prior to issue of a Development Permit for Building Works by a building certifier.
     Nature and Extent of Approved Use
4.   Each ancillary dwelling unit must not be let independently of the industrial use conducted on
     the lower level and may only be occupied by the caretaker, owner or employee of the industrial
     use conducted on the low level.
5.   Each ancillary dwelling unit must not be separately titled to the industrial use on the lower level
     and must remain associated and ancillary to the industrial use on the lower level.


                                                                                       Page 36 of 119
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