2021-06-08 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            8 JUNE 2021


2.     The proposed development is for a detached house which under Table 11.9 of Division 10 of
       the Noosaville Locality Plan is an inconsistent use in the Industry Zone requiring impact
       assessment.
       See our comments provided at point 1 above.
3.     The proposed development is inconsistent with the Noosaville Locality Code in the following
       respects:
       a)   The proposed use will be incompatible with other uses and works on the premises
            contrary to 11.7.2(a)(i) of the Overall Outcomes Division 16;
       b)   The proposed use fails to protect the subject premises for industrial functions to the
            exclusion of incompatible uses contrary to 11.7.2(vv)(ii) of the Overall Outcomes Division
            16;
       The Appellant pleaded that they would be happy to accept a condition limiting the occupation
       of the ancillary dwelling unit to a caretaker/employee/owner of the industrial use conducted on
       the lower level of the land. In respect of amenity concerns, they also noted they would accept
       a condition requiring the incorporation of double-glazed windows, noise attenuating installation
       and air-conditioning.
4.     The proposal is inconsistent with Overall Outcomes 14.51.2(a) and (b) of the Detached House
       Code as land zoned industrial is not suited for residential use and would be located in the
       vicinity of land uses which would adversely impact the occupation and use of buildings and the
       site by residents and would result in the residential development preventing or inhibiting the
       conduct of existing land uses.
       See our comments above.
5.     The proposed development fails to provide sufficient car parking on site for the dwelling unit
       and the non-residential use contrary to Overall Outcomes 14.110.2 c) and d) and Specific
       Outcome 07 of the Driveways and Carparking Code
       In our view, this ground on its own would not withstand the appeal, given the car parking
       requirements for a single ancillary dwelling unit would only be a car park or two.
On this basis it is recommended that Council resolve to settle this appeal, noting that the Noosa Plan
2020 now contains additional requirements for caretaker residences in the industrial area.

Previous Council Consideration
Ordinary Meeting Minutes, 20 August 2020, Item 3, Page 9
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 11 August 2020 regarding Planning & Environment Court
Appeal No. D102 of 2020 and agree to defend the appeal.

Finance
Council’s planning solicitor for the appeal has advised that prospects of success are low. Should
Council not resolve to settle the matter there will be further costs in proceeding with a trial, including
preparation of joint expert reports and time in court.

Risks & Opportunities
Nil.

Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk


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