2016-12-06 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                            6 DECEMBER 2016


Condition 20 – Lapsing
The Development Permit for the material change of use of premises lapses if the use has not
happened by 1 November 2017, unless an application to extend the currency is approved by
Council.
Applicant’s request
The applicant requests that as the development is to be staged that the sunset clause be
amended to allow for a construction time frame of 10 years. The original approval is noted as
having a 10 year time frame.
Assessment
Based on the size of the proposal and the proposed staging the applicant’s request is considered
reasonable. The condition is recommended to be modified as follows:
20    Pursuant to s342 of the Sustainable Planning Act 2009, the uncompleted aspects of this
      development approval lapses if the whole off the approved use has not happened by 15
      December 2026.


Condition 33 - Carparking
33.    Carparking shall be provided within the site generally as shown on the approved plans.
       Carparking shall include 324 carpark spaces with 274 of these to be covered carpark
       spaces, and include 10 clearly defined disabled carpark spaces. Motorcycle/scooter
       parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car space.
Applicant’s request
The applicant requests that the condition be amended as per the revised architectural plans. The
applicant notes that the proposed carparking numbers are in excess of the minimum
requirements for both resident and visitor parking under the Noosa Plan and that some visitor
spaces may be removed to accommodate site works and stormwater management infrastructure.
However the number of visitor spaces will not drop below the minimum required under the Noosa
Plan being 38 spaces (1 per 4 units).
The applicant requests the following wording to reflect the amended plans and allow ‘some
flexibility’ (changes indicated in shaded area):
“Carparking shall be provided within the site generally as shown on the approved plans.
Carparking shall include a minimum of 151 covered resident carpark spaces and a minimum
of 38 visitor carpark spaces, including 10 clearly defined disabled carpark spaces.
Motorcycle/scooter parking spaces may be incorporated at a rate of 4 spaces equivalent to 1 car
space.”
Assessment
A breakdown of carparking is detailed in the table below.
It is noted that the applicants proposed condition is not consistent with their cover submission
which states that carparking will be increased and does not give any weight to the current
planning scheme requirements for multiple dwellings. In accordance with the Sustainable
Planning Act, Council must have regard to the provisions in place when the original application
was made, but may give weight it considers appropriate to the planning current provisions.
The application was originally assessed in 2009 when carparking rates of 1 covered
space/dwelling unit and 1 space/2 dwelling units (which could be provided in tandem) were
applicable. The Noosa Plan has since been amended and requires dwelling units with 3 or more
bedrooms to provide 2 covered spaces per dwelling unit.
The revised proposal reduces the overall number of units from 155 unit to 151 units however has
increased the number of 3 and 4 bedrooms than that originally approved.

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