2019-09-16 General Committee Meeting Notes

RECOMMENDATIONS ONLY – NOT THE FINAL DECISION OF COUNCIL
GENERAL COMMITTEE MEETING                                                     16 SEPTEMBER 2019

          5.     The proposal is contrary to Performance Outcomes P03 and P09 of the
                 Waterways Works Code of the draft New Noosa Plan whereby all commercial
                 activities for a jetty are to be confined to the commercial lease areas of the
                 respective commercial operation.
     B.   Advise the applicant that the structure must be modified to comply with the
          Development Permit for Operational Works (OPW17/015) and approved plans within
          6 months.
     C.   Write to the Department of Natural Resources, Mines and Energy and request that the
          Department review the current commercial operations of Jetty 180 to ensure
          compliance with the current lease conditions.
     D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
     For:        Crs Jurisevic, Pardon, Stockwell, Wellington and Wilkie
     Against:    Crs Glasgow and Jackson
                                                                                             Carried.


3.   MCU19/0081 DEVELOPMENT APPLICATION MATERIAL CHANGE OF USE FOR 16
     ANCILLARY DWELLING UNITS AT 64 GATEWAY DRIVE NOOSAVILLE
     Committee Recommendation
     Moved:              Cr Wellington
     Seconded:           Cr Jurisevic
     That Council note the report by Manager Development Assessment to the Planning &
     Environment Committee Meeting dated 10 September 2019 regarding Application No
     MCU19/0081 for a Development Permit for Material Change of Use for 16 Ancillary Dwelling
     Units situated at 64 Gateway Drive Noosaville and
     A.   Refuse the application for the following reasons:
          1.     The proposed development is not for Ancillary dwelling units as defined under
                 section 2.11.5 of the Planning Scheme because:
                (i)     multiple dwelling units are proposed on the premises;
                (ii)    the proposed dwelling units are not subordinate to the non-residential use.
          2.     The proposed development is for Multiple housing which under Table 11.9 of
                 Division 10 of the Noosaville Locality Plan is an inconsistent use in the Industry
                 Zone requiring impact assessment.
          3.     The proposed development is inconsistent with the Noosaville Locality Code in
                 the following respects:
                 (i)     The proposed use will be incompatible with other uses and works on the
                         premises contrary 11.7.2(a)(i) of the Overall Outcomes Division 16;
                 (ii)    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;
          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


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