2022-09-06 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    6 SEPTEMBER 2022


2      MCU21/0146 – REPRESENTATONS TO A DEVELOPMENT PERMIT FOR A MATERIAL
       CHANGE OF USE – MULTIPLE DWELLINGS (90 DWELLINGS) AT 28 EENIE CREEK
       ROAD, NOOSAVILLE

Author                Patrick Murphy, Coordinator Planning
                      Environment and Sustainable Development Department

Index                 ECM/ Application/ MCU21/0146

Attachments           Nil


    APPLICATION DETAILS
    Applicant                         Stockwell Development Group Pty Ltd
    Development Approval              Material Change of Use - Multiple dwelling
    Representations Received on       28 July 2022
    Number of Submissions for         1
    Original Application
    PROPERTY DETAILS
    Property Address                  Noosa Civic 28 Eenie Creek Rd Noosaville Qld 4566
    RP Description                    Lot 3 SP 246584
    Land Area                         31.73 Hectares
                                      Future lots 17 – 19 = 10,109m2
    Existing Use of Land              Undeveloped portion of the Shire Business Centre
    STATUTORY DETAILS
    SEQRP Designation                 Urban Footprint
    Zone                              Major Centre Zone
                                      Environmental Management Zone
    Precinct                          High Density Residential
    Local Plan Code                   Noosaville Local Plan Area
    Overlays                          Land Subject to Acid Sulfate Soils
                                      - 5 metres AHD or below
                                      - Above 5 metres AHD to 20 metres AHD
                                      Biodiversity, Waterways and Wetlands Overlay
                                      Bushfire Hazard Overlay
                                      - High Potential Bushfire Hazard
                                      - Potential Impact Buffer
    Assessment Type                   Representations made to original approval

EXECUTIVE SUMMARY
The applicant makes representations to conditions regarding the use of the study rooms and
performance bonds. The applicant maintains that the condition regarding the study is unlawful and
that there is no planning purpose for the condition. It is not agreed that the condition is unlawful as
it was imposed in accordance with the Sustainable Building Design Code, with the code included
in the planning scheme after the scheme was reviewed and approved by the state. However, the
amended unit layout and proposed windows and wall openings for the room are an improvement
and reasonably comply with PO8 of the Sustainable Building Design Code.
The representations also relate to the 2 performance bond conditions. It is agreed that the wording
of one of the conditions could be improved by providing clarity on the timing of the bond’s release.


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