2016-12-12 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                         12 DECEMBER 2016


Issues                                                         Comments
 Fails to justify an overriding need that outweighs
    the constraints of the site
The scale and intensity of the uses exceeds what is            The services offered are of a rural nature which are
appropriate for the site.                                      generally uses seen in rural residential areas. The
                                                               fundraising events will be managed to minimise
                                                               impacts on the surrounding area.
The proposal …raises questions over projected staff            Agree. A traffic and car parking management plan
numbers and given the facilities are open to the               is conditioned to be provided to Council to formalise
public it is likely that at peak times visitor vehicles will   off site parking and mini bus arrangements. The
out number proposed parking facilities. Questions are          applicant suggests larger events will occur up to 3
raised on the applicants projected traffic and parking         times per year.
volumes based on observation of numerous
fundraising and promotional events and activities
already undertaken on site.
Given the applicant’s failure to realistically predict the     DTMR are a concurrence agency to the application
clients, staff and day visitors, it is considered the          and have provided conditions for road upgrades to
traffic report and design for the entrance unreliable. It      ensure safe entry to and access from a state
is probable during busier times vehicles will attempt          controlled road.
to enter the property simultaneously, which is a
safety risk.
It is unclear whether live music will be included with         Agree. Conditions could be included to ensure
the larger events. Music in rural/rural residential            noise levels to not exceed acceptable levels should
areas raise planning conflicts.                                music be included at events.
We reject the applicant’s contention the ‘proposed             Disagree. The site is approximately 5 kilometres
development is for a respite centre for disabled               from Tewantin and considered in close proximity to
persons in a rural/rural settlement setting in close           Noosa centres.
proximity to the Noosa town centres.
The proposal will create service issues for water and          The site has adequate areas for delivery trucks and
portable toilet delivery truck.                                dedicated entry and exit points. Works conditioned
                                                               by DTMR will improve access.
‘It appears from the proposal the applicant intends to         Agree. The café/kitchen does not form part of this
develop the site in the future to include such facilities      application.
as a café. It is unclear from the proposal whether this
would be open to the public as well as clients. Such a
use is well beyond the scope of a "Wellbeing type 2’
It is of concern the applicant has proceeded with an           The use has been operating in a limited capacity for
inconsistent use of the site and now seeks                     approximately 1 year. The applicant seeks approval
retrospective approval. Council endorsement of such            for the existing and proposed use.
breaches of process creates a dangerous planning               The applicant’s planning report outlines the
precedent.                                                     intended use of the site.
The applicant's conduct in operating outside a lawful
approval raises questions over the credibility of
information provided in support of this application,
particularly in regards to projected visitor numbers
and frequency of proposed events.
…the applicant failed to comply with Public                    Disagree. It has been determined the applicant has
Notification obligations as set out in the Sustainable         undertaken Public Notification in accordance with
Planning Act 2009. The applicant only erected                  the SPA 2009.
signage on their property indicating the application
for a Material Change of Use on 24 or 25 November.
This was approximately one week prior to close of
submissions. This provided limited opportunity for the
community and neighbouring residents to provide a
properly made submission.


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