2014-02-06 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                             6 FEBRUARY 2014


3   DEVELOPMENT APPLICATION FOR MATERIAL CHANGE OF USE FOR A TAVERN,
    LIQUOR STORE, RETAIL SHOPS & SALONS, OFFICES, ADULT EDUCATION AND
    MULTIPLE DWELLINGS (26 UNITS) AT 99 NOOSA DRIVE, 3 LANYANA WAY & 29
    LANYANA WAY, NOOSA HEADS
    Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) due to his brother’s ownership of a business in Noosa Junction.
    Cr Pardon believed he could consider this item impartially and in the public interest and therefore
    remained in the meeting room for the debate and decision on this matter.

    Cr Jurisevic declared a perceived conflict of interest in this matter (as defined in section 173 of the
    Local Government Act 2009) due to him being an Executive Member of the Noosa Residents and
    Ratepayers Association (NRRA) when they had made a submission against the development
    application. Cr Jurisevic declared that he had no involvement with the submission prepared by the
    NRRA. Cr Jurisevic believed he could consider this item impartially and in the public interest and
    therefore remained in the meeting room for the debate and decision on this matter.


    That Council:
    A.   Refuse Application No. MCU13/0087 for a Development Permit for Material Change
         of Use of Premises (Tavern, Retail Shops & Salons, Offices, Adult Education and
         Multiple Dwellings) for the following reasons:
          1.     The proposal is contrary to the overall and specific outcomes for the
                 Community Services zone under The Noosa Plan;
          2.     The applicant has not satisfactorily demonstrated that the Community Services
                 zoned land should not be retained for uses commensurate with that zone;
          3.     The proposed tavern and liquor store will adversely impact on the surrounding
                 amenity and the community’s use of public spaces;
          4.     The proposed development will result in the loss of public car parking and
                 parkland area and the loss of public parking is likely to adversely impact on the
                 Noosa Junction precinct;
          5.     Insufficient community benefit has been demonstrated to justify the loss of
                 council owned land; and
          6.     The proposed development raises significant conflicts with The Noosa Plan and
                 there are insufficient grounds to justify the conflict with the planning scheme,
                 with no significant community benefit or urgent need demonstrated for the
                 proposed commercial and retail uses.
    B.    Advise the applicant that it withdraws owner’s consent to the application for council’s
          carpark at 29 Lanyana Way, Noosa Heads; and
    C.    Request a further report be presented outlining a suggested process for reviewing the
          Noosa Junction Placemaking Masterplan including the Masterplan’s strategies for
          planning, built form and development on the Noosa Heads Bowls Club site since
          Council does not necessarily support the level of additional commercial and retail
          development that could flow from some of the proposed actions contained in the
          Masterplan.



Recommendation

The General Committee recommendations dated 3 February 2014 be adopted except where
dealt with or held over by separate resolution.


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