2016-04-26 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                                   26 APRIL 2016


REPORTS DIRECT TO GENERAL COMMITTEE


1                        FURTHER REPORT - APPLICATION FOR MATERIAL CHANGE OF USE FOR RETAIL
                         BUSINESSES - TYPE 5 VEHICLE USES (SERVICE STATION & TYPE 2 SHOP &
                         RECONFIGURING A LOT (1 LOT INTO 2 LOTS & ACCESS EASEMENT) AT 115
                         EUMUNDI NOOSA RD, NOOSAVILLE (MCU15/0095 & REC15/0022)
DOCUMENT INFORM AT ION




Author                             Denis Wallace, Coordinator Planning
                                   Planning & Infrastructure Department

Index                              ECM/Application/MCU15/0095 & REC15/0022

Attachments                        Nil


AMENDED RECOMMENDATION
That Council note the reports by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 19 April 2016 and the General Committee meeting dated 26 April 2016
for a development application for a Material Change of Use of Premises - Retail Business Type 2
Shop & Type 5 Vehicle Uses and Reconfiguring a Lot – 1 Lot into 2 Lots & Access Easement,
situated at 115 Eumundi Noosa Rd, Noosaville and approve the application in part only, in
accordance with the following:
A.                       Refuse application No. MCU15/0095 for a Material Change of Use of Premises - Retail
                         Business Type 2 Shop for the following reasons:
                         1.   The service station poses unacceptable risks to human health, safety and wellbeing
                              at adjacent existing uses, in particular to children using directly adjacent school
                              facilities.
                         2.   The development provides insufficient buffers to adjacent extremely sensitive school
                              uses.
                         3.   The development conflicts with The Noosa Plan’s Noosaville Locality Code and
                              Business Uses Code as it is incompatible with, and has the potential to adversely
                              impact on, the adjacent school users.
                         4.   The service station is unable to contain emissions within the site, as sought by The
                              Noosa Plan for sites adjoining community uses.
                         5.   A precautionary approach should be applied pursuant to the Sustainable Planning
                              Act 2009, given the development’s significant health and safety risks for adjoin the
                              adjoining sensitive uses.
B.                       Approve application No. REC15/0022 for Reconfiguring a Lot (1 Lot into 2 Lots & Access
                         Easement), subject to the following conditions:
                         When Conditions Must Be Complied With
                         1.   Unless otherwise stated, all works required by the conditions of this Decision Notice
                              must be completed prior to submission of the subdivision plan to Council for
                              compliance assessment.
                         Approved Lot Reconfiguration Plan
                         2.   The lot reconfiguration shall be carried out generally in accordance with approved
                              plan No. 3049PROP titled Proposed Subdivision Lots 1 & 2 and Emt E in Lot 1
                              Cancelling Lot 30 on SP170751 123 Eumundi Road Noosaville by John Dawson
                              Surveys Pty Ltd and dated 18/9/2015, subject to the following amendment:

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