2016-04-28 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                                     28 APRIL 2016


GENERAL COMMITTEE RECOMMENDATIONS
26 APRIL 2016 - Crs Frank Wilkie (Chair), Jess Glasgow, Ingrid Jackson, Joe Jurisevic,
Frank Pardon, Brian Stockwell, Tony Wellington


APPOINTMENT OF CHAIRPERSON
Committee Resolution
Moved:           Cr Jurisevic
Seconded:        Cr Pardon

That the General Committee appoint Cr Wilkie as its Chairperson.
                                                                                                     Carried.


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)
     Cr Jackson declared a perceived conflict of interest in this matter (as defined in section 173 of the
     Local Government Act 2009) as prior to the election, in her past capacity as Secretary of Noosa Parks
     Association, she was a submitter in opposition to the application. Cr Jackson left the meeting room
     for the debate and decision on the matter.
     Cr Pardon declared a perceived conflict of interest in this matter (as defined in section 173 of the Local
     Government Act 2009) as he had contributed to a newspaper article detailing the history of the
     application site prior to the application being considered by Council. Cr Pardon believed he could
     consider this item impartially and in the public interest and therefore remained in the meeting room for
     the debate and decision on this matter.
     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.




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