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ORDINARY MEETING MINUTES                                                           20 JULY 2023




         5.4. RAL22/0021 - RECONFIGURE A LOT (1 INTO 2 LOTS) AT 39-41 PICTURE
         POINT CRESCENT, NOOSA HEADS
         That Council note the report by the Acting Coordinator Planning to the Planning &
         Environment Committee Meeting dated 11 July 2023 regarding Application No.
         RAL22/0021 for a Development Permit for Reconfiguring a Lot – 1 into 2 lots, situated
         at 39-41 Picture Point Crescent Noosa Heads and
         A. Refuse the application for the following reasons:
         1. The proposal is contrary to Overall Outcomes 2(a), (b), (c) & (d), Performance
         Outcomes PO5, PO6, PO7, and Acceptable Outcome AO5.1, AO5.2, AO7.3, AO7.4,
         AO7.5, AO7.7 of the Reconfiguring a Lot Code as:
             a. The proposed lots are not consistent with the size and character of
                  surrounding lots and are less than the required minimum lot size and width.
             b. The proposed lots are irregular in shape, with the proposed lot shape not
                  necessitated by a curve in the road, topographical constraints, or the site’s
                  vegetation, with the lot shape constraining their future development for multiple
                  dwellings.
             c. The future development of the lots is likely to result in duplication of
                  accessways and services, excessive earthworks and modification to the
                  landform which will impact on the amenity and character of the area.
             d. The proposed development is not consistent with the Overall Outcome 2(o) of
                  the Noosa Heads Locality Plan Code to accommodate a greater diversity in
                  housing types as the proposed reconfiguring a lot will limit the opportunities
                  for further multiple dwellings in Noosa Heads.
         2.        The proposed lots are not consistent with the Overall Outcome 2(f) and
         Performance Outcome PO1 of the High Density Residential Zone Code to
         accommodate multiple dwellings to the exclusion of dual occupancy and dwelling
         houses, as the proposed lots are unlikely to be able to accommodate multiple
         dwellings consistent with the code’s built form requirements.
         3.       The proposed development is contrary to Overall Outcome 2(c), (d) & (h),
         Performance Outcome PO2 and Acceptable Outcome AO2 of the Biodiversity,
         Waterways and Wetlands Overlay Code as the proposed lot boundaries transect a
         wildlife corridor and no rehabilitation is proposed to improve this ecological linkage.
         4.     The proposed lots are in part located in a medium bushfire hazard area and the
         Bushfire Management Plan does not make any assessment of the proposed
         development or identify any bushfire mitigation measures, based on ecological
         principles, to minimise the risk to people and property from bushfire hazard.
         B. Note the report is provided in accordance with Section 63(5) of the Planning Act
         2016.


         5.5. MCU22/0120 – DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE
         – HOME-BASED BUSINESS (MECHANIC) AT 39 EUCALYPT WAY,
         COOTHARABA
         That the Planning and Environment Committee Agenda Item 5.5 be referred to the
         General Committee and request the CEO to liaise with the applicant regarding a range
         of matters that would reduce the potential impact such as:
              Limiting the use to 3 days a week and the hours 9am to 5pm;
              Installing acoustic barriers around the compressor and any other noise making
                machinery likely to create a nuisance outside of the property boundaries;
              Adopting work practices that buffer and direct noise away from neighbouring
                properties; and
              Conducting all operations to comply with noise limits set by the relevant
                Environmental Protection Policy.
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