2019-03-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   12 MARCH 2019


    Alterations to the outdoor display area as a result of changes to the building form and
      location;
    Alterations to the carparking layout;
    Relocation of the Storage shed to south of carpark; and
    Provision of a stormwater detention basin for the two sites.
Attachment 1 provides a plan of the existing approval over the site whilst Attachment 2 includes
the current proposal plans.
The request to correct the property description on the decision notice is a result of a number of
changes that were made during the final assessment of the application. The original application
lodged with Council related to 101 Eumundi Noosa Road, however was later changed to include
both 101 and 105 Eumundi Noosa Road. Following several changes to the application and
representations to the decision notice the reference to 105 Eumundi Noosa Road was
inadvertently removed. The applicant seeks to include 105 Eumundi Noosa Road on the decision
notice.

2.    BACKGROUND
On 23 May 1977, Council issued a Town Planning Consent (TPC 658) for “Renovations to an
existing building to permit hardware store/tyre & wheel alignment service, office, storage and
cabinet maker”.
On 27 August 2015, written advice was sought from a prospective purchaser requesting
clarification of existing approvals and use rights over the site in conjunction with whether the
existing pool shop (‘Poolside Noosa’) enjoys existing use rights under the TPC 658 approval.
Council provided written advice on 3 September 2015 (WA15/0036) stipulating that the only
relevant planning approval over the site comprises “Renovations to an existing building to permit
hardware store/tyre & wheel alignment service, office, storage and cabinet maker” (TPC 658).
Council further advised that, “From limited information on the file it would appear the pool shop
and associated pool display had been operating prior to 1993. There is no evidence of a change
to the original approval or an application to seek another use at any time and therefore the pool
shop has been operating in breach of the approval for many years. An application to seek
approval for the existing business would be required should the use intend to continue.”
On 7 October 2016 Council issued a Standard Planning and Development Certificate confirming
existing non-conforming use rights apply over the premises for hardware store/tyre & wheel
alignment service, office, storage and cabinet maker.
Building approval was issued on 21 September 1984 for the existing shed located in the north-
eastern corner of the site. Based on limited information on the file there is no evidence to suggest
the existing shed was part of the original approval however correspondence on the file suggests
the shed was permitted for use for storage purposes.
Application history
The development application has been changed several times by the applicant since its original
submission to Noosa Council in October 2016. A summary of key dates is listed below:
On 28 October 2016, a development application was lodged for Retail Business Type 6 –
Hardware, Retail Business Type 7 – Garden & Lifestyle Centre and Industrial Business Type 2 –
Production, Alteration, Repackaging and Repairing over 101 Eumundi Noosa Road. Existing
commercial building/use areas were being retained. Council officers expressed concern with the
extent and range of industrial uses based on sites residential zoning.
On 13 June 2017, the applicant submitted a change application REC17/0021 for a Preliminary
Approval to Reconfigure a Lot (Boundary Realignment) and MCU16/0130 for a Development
Permit for Material Change of Use for Retail Business Type 6 – Hardware, Retail Business Type

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