2020-09-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         8 SEPTEMBER 2020



REPORTS FOR CONSIDERATION OF THE COMMITTEE
1                      132005.1133.13 - PLANNING & ENVIRONMENT COURT APPEAL NO 2097 OF 2020 -
                       APPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVAL FOR 140
                       MULTIPLE DWELLING UNITS & ASSOC FACILITIES - SHOP, RESTAURANT, MULTI-
                       FUNCTION ROOM & GYM AT 75 RESORT DRIVE, NOOSA HEADS
DOCUMENT INFORMATION




Author                           Manager Development Assessment, Kerri Coyle
                                 Environment & Sustainable Development Department

Index                            ECM/ Application/ 132005.1133.13/ Case/ Altum Constructions

Attachments                      Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 8 September 2020 regarding Planning & Environment
Court Appeal 2097 of 2020 and agree to defend the appeal.


REPORT
On 18 June 2020 Council at its Ordinary Meeting resolved to partially support proposed changes
to the development approval for Park Ridge Noosa, but refused to permit the outdoor dining area
to operate until midnight 7 days, maintaining the requirement for the outdoor dining area to cease
trading at 10pm. The applicant’s acoustic report did not provide sufficient evidence that noise
impacts from the outdoor dining could be appropriately mitigated after 10pm, with Council’s
external acoustic consultant concluding that noise impacts were likely to occur for residents.
As a result of Council’s decision to refuse the application, the applicant has now lodged an appeal
to the Planning & Environment Court. The applicant seeks that the outdoor dining area be allowed
to operate till midnight, 7 days a week.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.
Previous Council Consideration
Ordinary Meeting Minutes, 18 June 2020, Item 7, Page 10
That Council note the report by the Development Planner to the General Committee Meeting dated
15 June 2020 regarding Application No. 132005.1133.13 to make a minor change to an existing
approval for a Material Change of Use for 140 Multiple Dwelling Units and Associated Facilities –
Shop, Restaurant, Multi-Function Room and Gym situated at 75 Resort Drive, Noosa Heads and:
A.   Agree to change Conditions 2, 33 and 83 to read as follows:
                       Condition 2
                       2.  Development undertaken in accordance with this approval must generally comply with
                           the approved plans of development. The approved plans are listed below and are as
                           amended by the conditions herein.




                                                                                               Page 3 of 154