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2021-09-13 General Committee Meeting Agenda

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GENERAL COMMITTEE MEETING AGENDA                                              13 SEPTEMBER 2021


2.3. Surrounding Land Uses
The Noosaville industrial estate is adjacent the site to the west, with Rene Street extending into the
SBC and connecting to Hofmann Drive. The estate contains a broad mix of industrial and business
uses. Adjacent lots within the SBC to the west and south west of the site fronting Hofmann Drive and
Rene Street have been developed for warehousing, storage, distribution, manufacturing and trade
showroom uses. Lionel Donovan Drive is to the north of the site, across Eenie Creek Road, and is
predominantly developed for motor vehicle sales businesses and complementary industrial business
uses. Noosa Domain retirement village is north of the site across Eenie Creek Road. Substantial
open space and conservation lands containing remnant vegetation are adjacent the site to the south
and east and conserved in National Park or Environmental Reserve, with Eenie Creek approximately
500m to the south flowing to Lake Weyba 1.5km to the southeast.
3.      ASSESSMENT
3.1. Superseded Planning Scheme Request
Under the Planning Act 2016 a person may within 1 year after commencement of the Noosa Plan
2020, make a SPS request.
A SPS request is a written request to Council:
       To accept, assess and decide a development application under a superseded planning
        scheme; or
       To apply a superseded planning scheme to a development that was accepted development
        (no approval required).
Under the Planning Regulation 2017, Council must decide whether or not to agree to a SPS request
within 30 business days after the request is received, which may be extended where the applicant
agrees in writing before the period ends. If no decision is made by Council within the required time
frame, the Council is taken to have agreed to the SPS request.
If the Council decides to agree or is taken to have agreed to the request, the superseded planning
application must be made within 6 months to Council or where the proposal is accepted development
under the SPS commence the use within 6 years of the Decision Notice being given.
3.2. Planning Schemes
The site is located in the Noosaville Locality and is zoned Shire Business Centre Zone under the
SPS. Under the SPS the proposed development requires a code assessable development
application.
In comparison under The Noosa Plan 2020, the site is zoned Major Centre and located within the
Business Park Precinct. An application to develop the land in accordance with the applicant’s
proposal would be impact assessable with the Showroom use being an inconsistent use.
The following table details the level of assessment applicable to the proposed uses under the Noosa
Plan 2006 and the Noosa Plan 2020.

    Land use                         Level of assessment                Level of assessment
                                      Noosa Plan 2006                    Noosa Plan 2020

    Commercial Business Type   Consistent - code assessable     Consistent – impact assessable
    1 Office
    Commercial Business Type   Consistent - code assessable     Consistent – impact assessable
    2 Medical

    Retail Business Type 4 –   Consistent - code assessable*    Inconsistent - impact assessable
    Showroom
* However, the proposal exceeds the permitted Showroom space and therefore is inconsistent with
  the planning scheme

                                                                                      Page 14 of 135
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