2020-09-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                8 SEPTEMBER 2020


Upper floor
    Additional 59m2 retail space; and
    Three office units (totalling 86m2);
Roof top
    53m2 roof top terrace area.
The application included use of the roof terrace for a restaurant dining from 7.00am until 9:00pm
seven days a week. A copy of the plans are provided at Attachment 2.
The grounds of refusal generally related to the proposed built forms inconsistency with the desired
outcomes of the Eastern Beaches Locality Code and that insufficient car parking was proposed.
On 3 July 2019 the applicant appealed Council’s decision. The appeal has since been heard by
the Planning & Environment Court and a decision by the Court is pending.
2.1. Site description
The site is located at the north-eastern end of the Peregian Beach village and is zoned
Neighbourhood Centre. The site has been developed and was previously occupied for many years
by a retail use (Friendly Grocer). The existing building onsite is rectangular in shape.
The tenancy has a 10m frontage to Kingfisher Drive and a 27m frontage to Heron Street.
Established garden beds and vegetation abut the site along both road frontages and a pedestrian
crossing provides linkage to the site from Peregian Beach Park.
2.2. Surrounding Land Uses
Being located within the Peregian Beach village, a variety of retail and commercial uses have
established within vicinity of the site that serve the surrounding residents of Peregian Beach and
visitors to the area. A retail use (Peregian Beach Bakery) adjoins the site to the south and the
Peregian Beach Surf Lifesaving Club and Peregian Beach Park is located directly to the east
across Kingfisher Drive. Residential uses are located further to the north and south outside the
Peregian Beach village.
3.    ASSESSMENT
The applicant has requested an extension to the currency period to the development approval
under section 86 of the Planning Act 2016. Pursuant to section 87 of the Planning Act 2016 (PA):
(1)   When assessing an extension application, the assessment manager may consider any
      matter that the assessment manager considers relevant, even if the matter was not relevant
      to assessing the development application.
The matters which are considered to be relevant to the assessment of the application are
discussed in detail below:
Locality Provisions
The subject site is located in the Eastern Beaches Locality and is zoned Neighbourhood Centre.
The proposed uses are identified as consistent uses with the zone. With regards to the overall and
specific outcomes for the locality the Noosa Plan includes:
7.7.2 The overall outcomes sought for the Eastern Beaches Locality are the following –
g)    The scale and form of buildings and other structures are—
      i.      designed to be responsive to the informal beachside character of the locality, being low
              rise buildings, with pitched or curved roofs and building materials that blend with the
              dune and coastal landscape;
      ii.     in keeping with the surrounding streetscape and landscape qualities;
      iii     integrated into the topography and native vegetation of the dune system which
              dominates the locality; and

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