2021-11-09 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              9 NOVEMBER 2021


3    MCU20/0090 – PLANNING & ENVIRONMENT COURT APPEAL NO. D12 of 2021 –
     APPLICATION FOR AN EXTENSION TO HIRE & STORAGE BUILDING AT JETTY 256
     GYMPIE TCE, NOOSAVILLE

Author              Manager Development Assessment, Kerri Coyle
                    Environment & Sustainable Development

Index               ECM/ Application/ MCU20/0090/ Case/ Bayeno

Attachments         Nil


EXECUTIVE SUMMARY
This report reviews and recommends settlement of a current appeal with the Planning &
Environment Court against Council’s decision to refuse an application to extend a Hire and Storage
Building associated with a commercial jetty at 256 Gympie Terrace, Noosaville.
During the course of the appeal, the applicant provided:
    amended plans of the shed extensions improving the building’s presentation to the foreshore;
    demonstrated that the size and number of craft and operational activities could be reasonably
     contained within the lease area;
    agreed on a set of operational management conditions; and
    demonstrated that the extensions would not result in any significant increase to commercial
     operations on the river than previously approved in 2015.
It is therefore recommended that the appeal be settled, with a number of conditions to ensure the
business remains at an appropriate scale, and the use operates within the lease area.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 November 2021 regarding Planning & Environment
Court Appeal No. D12 of 2021 and agree to settle the appeal generally in accordance with the
following conditions:
     When Conditions must be Complied With
1.   Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
     the use commencing, and then compliance maintained at all times while the use continues.
     Approved Plans
2.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are listed in the following table unless
     otherwise amended by these conditions.
         Plan No.           Rev.   Plan/Document Name                         Date
         DW02                      Site Plan                                  01/09/2020
         DW03                      Floor Plan                                 01/09/2020
         DW06                      Floor Plan Storage Layout                  01/09/2020
         DW11                      Hire Boat Placement Plan                   21/09/2021
                                   Perspective 1                              21/07/2021
                                   Perspective 2                              21/07/2021
                                   Perspective 3                              21/07/2021
3.   The building and structure must be finished with colours and textures that blend with and
     complement the natural setting through low reflective surfaces and timbers that can fade to
     grey. The proposed finishes shall be in accordance with perspectives 1, 2 and 3 or as
     otherwise agreed in writing by Council.

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