Meeting minutes

ORDINARY MEETING MINUTES                                                           20 JULY 2023


                     o    Development Permit for a Material Change of Use - Residential Care
                          Facility (130 beds)
             3.   Amend conditions 15 and 26 as outlined in Attachment 1 - Proposed amended
                  and additional conditions
             4.   Delete conditions 1, 2, 23, 27 and 28.
             5.   Include additional conditions as outlined in Attachment 1 - Proposed amended
                  additional conditions.
             6.   Agree to enter into an Infrastructure Agreement with Ozcare (the Owner) in
                  respect of construction of access track crossing, maintenance of vegetation
                  buffer one and access track (including crossing) for the Girraween Nature
                  Refuge and the Residential Care Facility.
             7.   Note the report is provided in accordance with Section 63(5) of the Planning
                  Act 2016.


         5.3. DBW21/0216 - APPLICATION FOR BUILDING WORKS FOR A DWELLING
         HOUSE AT 60 SEAVIEW TERRACE, SUNSHINE BEACH
         That Council note the report by the Graduate Development Planner to the Planning
         and Environment Committee Meeting dated 11 July 2023 regarding Application No.
         DBW21/0216 for a Development Permit for Building Works – Dwelling House situated
         at 60 Seaview Terrace, Sunshine Beach and:
         A.       Refuse the application for the following reasons:
         1.           The proposal does not comply with Acceptable Outcome AO7.1 and
         corresponding Performance Outcome PO7 of the Low Density Residential Zone Code
         as it:
               i.   Is proposed to exceed 8 metres in building height from finished ground level
              ii.   Will visually dominate the surrounding area; and
             iii.   Has the potential to obstruct views and cause overshadowing of dwellings
                    within proximity of the site.
         2.           The proposal does not comply with Acceptable Outcome AO8.1 and
         corresponding Performance Outcome PO8 of the Low Density Residential Zone Code
         as it:
               i.   Exceeds site cover requirements of 50% for one storey and 30% for the other
                    storey or 40% for both storeys;
              ii.   Is not of a scale that is compatible with surrounding development;
             iii.   Has not included the opportunity for soft landscaping between buildings; and
            iv.     Presents an appearance of bulk to adjacent properties.
         3.           The proposal does not comply with Acceptable Outcome AO9.3 and
         corresponding Performance Outcome PO9 of the Low Density Residential Zone Code
         as:
         i.       The northern side boundary setback does not comply with minimum side setback
         requirements;
         ii.       The built to boundary garage and bin structures do not comply with minimum
         side setback requirements;
         iii.     Will impact on the visual and acoustic amenity of adjoining premises;
         iv.        Has the capacity to cause issues of overlooking of private open space of
         adjoining premises; and
         v.       Does not provide adequate distance from adjoining land uses.
         4.           The proposal does not comply with Acceptable Outcome AO16.3 and
         corresponding Performance Outcome PO16 of the Low Density Residential Zone
         Code as the proposed rooftop terrace will have the potential to obstruct views of
         dwellings within proximity of the site and create issues of overlooking to neighbouring
         properties. the privacy walls associated with the proposed roof top terrace will also
         create excessive bulk to neighbouring properties.
         B.       Note the report is provided in accordance with Section 63(5) of the Planning Act
         2016.