2021-11-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 9 NOVEMBER 2021


     Change of Use for 145 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant,
     Multi-Function Room and Gym. This change also included a redesign of the building layouts
     and a change to a number of conditions (132005.1133.6).
    On 18 January 2018 Council agreed to further modification of the approval which changed
     the description of the approval from Material Change of Use for 145 Multiple Dwelling Units
     and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material
     Change of Use for 137 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant,
     Multi-Function Room and Gym. This change also included a redesign of the building heights
     and layouts and a change to a number of conditions (132005.1133.7).
    On 28 November 2018 Council agreed to further modification of the approval which changed
     the description of the approval from Material Change of Use for 137 Multiple Dwelling Units
     and Associated Facilities – Shop, Restaurant, Multi-Function Room and Gym to Material
     Change of Use for 140 Multiple Dwelling Units and Associated Facilities – Shop, Restaurant,
     Multi-Function Room and Gym. This change also included a redesign of the building layouts
     and a change to a number of conditions, a request to delete condition 96 (regarding
     landscaping and structures to the rear of Blocks 7, 8 and 9) was refused (132005.1133.8).
    On 14 May 2019 Council agreed to further modification of the approval including a number
     of building layout redesigns and a change to a number of conditions, with amendments to
     conditions 2, 33, 48 & 64, delete condition 72 and with amendment to advisory notes 1, 2 &
     11 (132005.1133.9).
    On 21 August 2019 Council issued a Generally in Accordance letter in relation to minor
     changes to approved plans (132005.1133.11).
    On 18 October 2019 Council agreed to further modification of the approval including changes
     to the internal layout of the Facilities Building, addition to the outdoor dining area, change to
     GFA and refinement to the elevations to be consistent with the layout changes, and a change
     to a number of conditions, with amendments to conditions 2, 12 & 64, additional changes to
     conditions 5 & 83, and amendments to advisory notes 1, 2 & 11 (132005.1133.10).
    On 21 November 2019 Council issued a Generally in Accordance letter in relation to minor
     changes to approved plans (132005.1133.12).
    On 27 April 2020 Council issued a Generally in Accordance letter in relation to minor changes
     to approved plans (132005.1133.14).
    On 18 June 2020 Council at its Ordinary Meeting resolved to partially support proposed
     changes to the development approval (132005.1133.13) but refused to permit the outdoor
     dining area to operate until midnight 7 days, maintaining the requirement for the outdoor
     dining area to cease trading at 10pm. The applicant’s acoustic report did not provide sufficient
     evidence that noise impacts from the outdoor dining could be appropriately mitigated after
     10pm, with Council’s external acoustic consultant concluding that noise impacts were likely
     to occur for residents. As a result of Council’s decision to refuse the application, the applicant
     lodged an appeal to the Planning & Environment Court seeking that the outdoor dining area
     be allowed to operate till midnight, 7 days a week. The appeal was subsequently withdrawn.
8.   ASSESSMENT
8.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
    State Planning Policy;
    South East Queensland Regional Plan;
    Planning Regulation 2017;
    The Noosa Plan 2020.

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